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HomeMy WebLinkAboutC2014-066 - 3/18/2014 - Approved of C# , f_ IL 2014-066 3/18/14 I SPECIAL PROV I S ION Ord. 030124 Mako Contracting LLC S P E C I F I C A T I O N S iA N D FORMS O F CONTRACTS & BONDS IF O R f 6. HEALTH DEPARTMENT L BUILDING PARKING LOT (BOND 2012 ) October 19, 2013 L "Or' Ar °� OF reins Corpus Chr sti #11 Engineering ,! : FOR NGELO Q. REYES L ENGINEERING DEPARTMENT ¢�„�� 99215 ��C� CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 aNWIREI1/404#1.`Fax: 361/880-3501 c • f/ •/q•l3 1 I r - , , , 1 7 URBAN L ENGINEERING 1 ,.. ,_,_.L._._........ Firm No. 145 2725 Swantner • CORPUS CHRISTI, TX 78404 (361) 854-3101 FAX (361) 854-6001 LU.E.JOB NO. 42746.00. 00 it PROJECT #: E12125 DRAWING NO: PBG 795 L r I: I: (Revised 7/5/00) HEALTH DEPARTMENT BUILDING PARKING (BOND 2012) IE Project No. E12125 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 8/2008) Worker' s Compensation Coverage For Building or Construction Projects For Government Entities I: SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award 1: A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services I: A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials I: A 17 Field Office (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Project Layout and Control I: A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) • •- . ' ee (NOT USED) A-24 Surety Bonds I: A 25 Salcs Tax Excmption NO LONGER APPLICABLE (6/11/98) A-26 Supplemental Insurance Requirements •- oo - o ' . o r.....;- . ••- (NOT USED) A-28 Considerations for Contract Award and Execution I: A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders I: A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents A 35 City Water Facilities Special Rcquircmcnto (NOT USED) I: A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ccrtifioatc of Occupancy and Final Acccptancc (NOT USED) I C A-40 Amendment to Section B-8-6: Partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A 47 Prc Construction Exploratory Ex avations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Technical Special Provisions A-51 Contaminated Soils A-52 Fences E A-53 Protection of Public and Private Property A-54 Security A-55 Access Roads A-56 Parking A-57 Amended "Prosecution and Progress" A-58 Noise Control A-59 Dust Control A-60 Temporary Drainage Provisions A-61 Dewatering A-62 Additional Time of Completion/Liquidated Damages Information Related to Completion of Project L - TECHNICAL SPECIAL PROVISIONS iii SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATES AND REQUIREMENTS SECTION T - TECHNICAL SPECIFICATIONS CITY STANDARD SPECIFICATIONS 021010 - Project Signs GENERAL REQUIREMENTS 1E19 - Existing Obstructions 1E20 - Storm Water Pollution Prevention SITEWORK I: 2A4 [2] _ Removing Existing Concrete and Structures 2H1 [1] Flexible Base (Caliche) 2H1 [6] - Flexible Base (Limestone TyA GR1) 2H6 [1] _ Prime Coat 2H9 [1] Tar Emulsion Protective Seal Coat 2H11 [1] - Hot Mix-Hot Laid Asphaltic Concrete Pavement 2H14 [1] - Concrete Curb & Gutter and Concrete Valley Gutter 2H16 [1] - Concrete Sidewalk and Concrete Driveways 2H17 [4] - Remodeling and Replacing Asphalt Pavement 2H18 [1] - Portland Cement Concrete Pavement I 2H2O [1] _ Salvaging and Replacing Base 2H22 [1] Pavement Marking 2H27 [1] - Geogrid Reinforcement I: CONCRETE 3A1 [1] - Concrete Formwork 3B [1] _ Concrete Reinforcement 3C1 [1] Normal Weight Aggregate Concrete 1. C ELECTRICAL 16010 ELECTRICAL GENERAL REQUIREMENTS 16170 - GROUNDING AND BONDING 16402 - ELECTRICAL WIRING SYSTEMS 16530 SITE LIGHTING LIST OF DRAWINGS Sheet # : Description: Cl . Cover Sheet 2 . Quantity Table 3 . Existing Site Plan 4 . Phasing Plan 5 . Demolition Plan 6. Paving Plan 7 . Seal Coat and Restriping 8 . Erosion Control Plan 9. Paving Details 1 10 . Lighting Plan 11 . Electrical Details 12 . City of Corpus Christi Standard Details - Curb, Gutter, and Sidewalk Details 1: APPENDIX - GEOTECHNICAL REPORT NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND C C C I I I I L C C ( NOTICE TO BIDDERS I: NOTICE TO BIDDERS I: Sealed proposals, addressed to the City of Corpus Christi, Texas for: Health Department Building Parking Lot (Bond 2012) / PROJECT NO. E12125 consists of the following and miscellaneous items of work required to complete I: the project in accordance with plans, specifications, and Contract Documents. Base Bid: Sitework and demolition, approximately 3, 050 SF of concrete sidewalk, 1,362 SY of hot mix asphaltic concrete pavement, 981 SY seal coat, and I: striping. Add Alt No. 1: Sitework and demolition, approximately 120 SF of concrete sidewalk, 618 SY of hot mix asphaltic concrete pavement, 12,566 SF of heavy duty reinforced concrete pavement, 1, 416 SY seal coat, reinforced concrete dumpster pad, lighting improvements including 2 new poles, and I: striping. Add Alt No. 2: Sitework and demolition, approximately 4, 170 SF of concrete sidewalk. will be received at the office of the City Secretary until 2:00 p.m. on I: Wednesday, December 18, 2013, and then publicly opened and read. Any bid received after closing time will be returned unopened. I: A pre-bid meeting is scheduled for Wednesday, November 6, 2013 beginning at 2: 00 p.m. The pre-bid meeting will convene at Department of Engineering Services, Main Conference Room, 3rd Floor, City Hall, 1201 Leopard St. , Corpus Christi, Texas and will be conducted by the City of Corpus Christi . The meeting will include a review of the project scope, followed by a question and answer session. A site I: visit will follow after the meeting, if requested. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- I: responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25, 000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder' s plan deposit is subject to mandatory forfeiture to the City if I: bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be 1: procured from the City Engineer upon a deposit of One Hundred and no/100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of 1: an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that I: such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type. of "laborer, " "workman, " or I: "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City' s opinion, seems I: most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS I: /s/ Pete Anaya, P.E. Director of Engrg. Services ile /s/ Armando Chapa City Secretary L. Revised 7/5/00 NOTICE TO CONTRACTORS - A C I: NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 I: A Certificate of Insurance indicating proof of coverage in the following amounts is required: I: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE I: 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE I: Commercial General Liability including: $2, 000, 000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 1: 4. Underground Hazard 5. Products/ Completed Operations Hazard 1: 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury I: AUTOMOBILE LIABILITY--OWNED NON-OWNED $1, 000, 000 COMBINED SINGLE LIMIT OR RENTED 1: WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT I: EMPLOYERS' LIABILITY $500, 000 EXCESS LIABILITY $1, 000, 000 COMBINED SINGLE LIMIT I: PROFESSIONAL POLLUTION LIABILITY/ $2, 000, 000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED I: discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of contaminants I: BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED I: X NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental I: Insurance Requirements ❑ REQUIRED 1: X NOT REQUIRED Page 1 of 2 C I ❑The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ElThe name of the project must be listed under "description of operations" on each certificate of insurance. ❑For each insurance coverage, the Contractor shall obtain an endorsement to ' the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. I Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. I I I I I I I I I I Page 2 of 2 i 11 c c c c t e t NOTICE TO CONTRACTORS - B E L NOTICE TO CONTRACTORS - B PORKER' S COMPENSATION INSURANCE REQUIREMENTS i E E E E E L E E C [ Page 1 of 11 L. . I Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DNISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE§110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a)The following words and terms,when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code,if so defined. (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 workers'compensation 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(including those subject to a coverage agreement)providing services on a project, for the duration of the project. Building or construction—Has the meanin defined in the Texas Labor Code, (2)Bu mg meaning §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4)Coverage--Workers'compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5)Coverage agreement--A written agreement on form TWCC-81, form TWCC-82,form TWCC-83,or form TWCC-84,filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers'Compensation Act,pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. C (6)Duration of the project--Includes the time from the beginning of work on the project until it the work on the project has been completed and accepted by the governmental entity. E (7)Persons providing services on the project("subcontractor" in§406.096 of the Act)--With the exception of persons excluded under subsections(h)and(i) of this section,includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless L of whether that person has employees. This includes but is not limited to independent contractors,subcontractors,leasing companies,motor carriers, owner-operators,employees of L. any such entity,or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing,hauling,or lelivering 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. I (8)Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b)Providing or causing to be provided a certificate of coverage pursuant to this rule is a 1 representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage,that the coverage is based on proper reporting of classification codes and payroll amounts,and that all coverage agreements have been 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 certificates of coverage, or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties,civil penalties, or other civil actions. (c)A governmental entity that enters into a building or construction contract on a project shall: (1)include in the bid specifications,all the provisions of paragraph(7) of this subsection,using the language required by paragraph(7) of this subsection; (2)as part of the contract, using the language required by paragraph(7)of this subsection, require the contractor to perform as required in subsection(d)of this section; (3)obtain from the contractor a certificate of coverage for each person providing services on the project,prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A)before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project;,and (B)no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5)retain certificates of coverage on file for the duration of the project and for three years thereafter; (6)provide a copy of the certificates of coverage to the commission upon request and to any I person entitled to them by law;and (7)use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 I • (d)A contractor shall: (1) covers 1 provide coverage for its employees providing services on a project, for the duration of the g project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3)provide the governmental entity,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project,and provide to the governmental entity: (A)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 (B)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; (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 ten 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; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the .. following text provided by the commission on the sample notice,without any additional words or changes: Attached Graphic (8)contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C)include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 i (D)provide the contractor,prior to the end of the coverage period, a new certificate of 1 coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts,and provide to the contractor: (i)a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery, within ten 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 (11)contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project,other than a contractor,shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2)provide a certificate of coverage as required by its contract to provide services on the 1 project,prior to beginning work on the project; (3)have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract 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." (4)provide the person for whom it is providing services on the project,prior to the end of the coverage period shown on its current certificate of coverage,a new certificate showing extension of coverage,if the coverage period shown on the certificate of coverage ends during the duration of the project; (5)obtain from each person providing services on a project under contract to it,and provide as required by its contract: (A) a certificate of coverage,prior to the other person beginning work on the project; and 1 (B)prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 1 Page 5 of 11 • ' all required certificates of coverage on file for the duration of the project and for one (6)retain req ag year thereafter; (7)notify the governmental entity in writing by certified mail or personal delivery,of any ( ) f3' g t3' change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change;and (8)contractually require each other person with whom it contracts to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B)provide a certificate of coverage to it prior to that other person beginning work on the project; (C)include in all contracts to provide services on the project the language in paragraph(3) of this subsection; (D)provide,prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E)obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i)a certificate of coverage,prior to the other person beginning work on the project; and (ii)prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G)notify the governmental entity in writing by certified mail or personal delivery,within ten 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 (H)contractually require each person with whom it contracts,to perform as required by this subparagraph and subparagraphs(A)-(G)of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (f)If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g)This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. I Page 6 of 11 I (h) The coverage requirement in this rule does not apply to motor pp y carriers who are required pursuant to Texas Civil Statutes, Article 6675c,to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole ro rietors p p ,partners, and corporate officers who meet the requirements of the Act, §406.097(c),and who are explicitly excluded from coverage in accordance with the Act, §406.097(a)(as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors,partners,and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery,or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995,20 TexReg 8609 3 • I I I I I I I I I 1 Page 7 of 11 T28S110.110(d)(7) • "REQUIRED WORKERS'COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers'Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I I C C I C C C C C I I Page 8 of 11 T28S 110.110(c)(7) 1 Article . Workers'Compensation Insurance Coverage. A. Definitions: 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 1 the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096) - includes all persons t or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without•limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity p rior 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 i showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 • • 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 it delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; (2)provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3)provide the contractor,prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a)a certificate of coverage,prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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 Sefi Page 10 of 11 1 Insurance Regulation. Providing false or misleading information may subject the contractor to I 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 I 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. 1 • 1 I I I I I I 3 I I I I 1 Page 11 of 11 t E L SECTION A SPECIAL PROVISIONS C SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m. , Wednesday, December 18, 2013. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) /PROJECT NO. E12125 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be held on Wednesday, December 03, 2013, beginning at 10:30 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Project This project consists of the following and miscellaneous items of work required to complete the project in accordance with plans, specifications, and Contract Documents. Base Bid: Sitework and demolition, approximately 3, 179 SF of concrete sidewalk, 1, 362 SY of hot mix asphaltic concrete pavement, 981 SY seal coat, and striping. Additive Alternate No. 1: Sitework and demolition, approximately 118 SF of concrete sidewalk, 618 SY of hot mix asphaltic concrete pavement, 13, 740 SF of heavy duty reinforced concrete pavement, 1, 416 SY seal coat, reinforced concrete dumpster pad, lighting improvements including 2 new poles, and striping. Additive Alternate No. 2: Sitework and demolition, approximately 4, 146 SF of concrete sidewalk. 1: A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid Plus any or all Additive Alternates. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. is Section A - SP (Revised 9/18/00) Page 1 of 27 I Explanation of Measurement and Payment I 1. Demolish and Remove Miscellaneous Items: This item will be measured as noted on the bid form. This item includes, but is not limited to, the following work: a. Excavation and backfill b. Permits for handling, hauling & disposing c. All costs associated with handling, hauling & disposing 2. Compacted Subgrade: This item will be measured by each square yard of subgrade. This item includes, but is not limited to, the following work: a. Watering / dewatering b. Compaction c. Maintaining compaction prior to placement of base course 3. Geogrid: This item will be measured by each square yard properly installed and accepted by the inspector. 4. Flexible Base: Flexible Base shall be measured by the square yard of finished base course of the thickness indicated on the drawings or specified herein. 5. Prime Coat: I Prime coat will be measured by the square yard of prime coat applied; however, maintenance or repair applications will not be measured. 6. Asphaltic Concrete Pavement: Hot mix asphaltic concrete pavement shall be measured by the square yard of finished pavement of the required thickness. 7. Sidewalk & Driveway: Concrete sidewalk and concrete driveways shall be measured by the square foot of completed sidewalk and concrete driveways. Gutter transitions at driveway entrances shall be measured as standard curb and gutter. 8. Pavement Markings: This item will be measured as noted on the bid form. This item includes, but is not limited to, the following work: a. Labor and materials b. Surface preparation c. Paint and thermoplastic markings d. Equipment necessary for proper installation 9. Curb and Gutter: Concrete curb and gutter shall be measured by the linear feet of completed curb and gutter. Curb and gutter shall be measured along the centerline. Gutter transitions at inlets shall be measured as standard curb and gutter. Laydown curb for driveways will be measured as curb and gutter. 10. Silt Fence: I This item shall be measured by the linear foot. 11. Bonds & Insurance: This item will be measured as a lump sum and shall include the bonds and insurance required by the Contract Documents. One hundred percent of this item may be due on the first approved monthly pay estimate. Contractor shall provide document to show cost incurred. Section A - SP (Revised 9/18/00) Page 2 of 27 i I: I: 12. Reinforced Concrete Pavement: This item will be measured by each square foot of pavement. This item includes, but is not limited to, the following work: a. Forming, pouring and finishing the pavement as per plans and E specifications. b. Expansion joints and load transfer devices c. Saw cutting d. Curing compound 13. Hot Mix Asphaltic Concrete Level Up: This item will be measured by each square yard. E 14. Salvage Base: This item will be measured by each square yard of base. 15. Pollution Prevention Items: I: This item will be measured as noted on the bid form. These items include, but are not limited to, the following work: a. Proper installation b. Cleaning and repair after rain events Cc. Reporting as required by state and federal law 16. Items Not Listed on the Proposal: Items of work not listed on the Proposal Form necessary to complete the project as shown on the drawings and as specified are considered as subsidiary to the established bid items and there will be no separate payment. Their cost should be included in the appropriate bid item. Any item required on the plans and contract documents shall be paid under the appropriate bid which I: covers the item. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) I: 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages I: To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the contractor will be required to follow tight scheduling for construction and will be required to meet dead lines for completion of each item E shown below. The project has been divided into phases. The contractor is required to complete each item before proceeding to any other item. At any one time, except as noted above, the contractor will not be allowed to start or work concurrently in more than two items. Time duration for construction is allocated for each item and 1: if the work in that item is not complete as shown below, liquidated damages will be assessed for each day the work is delayed. A penalty in the amount of $ 250.00 per calendar day will be assessed against the contractor as liquidated damages. Time duration for each item is not transferable. I: Completion shall be based on satisfactory work, completed, in accordance with the plan, specifications, and contract documents and accepted by the City. I: Start of Phase and Sub-Phase chargetime is initiated by the setting up of Traffic Control and first day of traffic diversion. The working time for completion of the Project will be as follows: I: Base Bid Only 20 Calendar Days Additive Alternate No. 1 35 Calendar Days Additive Alternate No. 2 10 Calendar Days 1 Section A - SP (Revised 9/18/00) 1: Page 3 of 27 II Days Allocation for Rain IIThe Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each phase of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather II Service at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. II January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days II This project is essentially a construction contract for a period of 65 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each item, as described above. After Contract Award and pre-construction meeting is held, the Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in II the Contract for completion of the work FOR EACH PHASE OR SUB-PHASE or after such time period as extended pursuant to other provisions of this Contract, $250 per Calendar Day will be assessed against the Contractor as liquidated damages. Said II liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City from the monthly pay estimate. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees II working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation II insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. IIFurthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not II permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. 1 Section A - SP II (Revised 9/18/00) Page 4 of 27 II I: I; A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with I: Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) I: Labor preference and wage rates for highway shall apply. When conflict in wage rates, the higher of the rates shall prevail. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly L wage rates for Nueces County, Texas as set out in Section C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, I; or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in I: connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all 1: subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) I: One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working 11; Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) I: The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess System at 1-800-344-8377, the I: Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert at 1- 800-483-6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 826-3500 Project Engineer, 826-3500 Urban Engineering-DeAngelo Reyes 854-3101 I: Traffic Engineer 826-3540 Police Department 886-2600 Water Department 826-1881 (826-1888 after hours) Wastewater Department 826-1800 (826-1888 after hours) I: Gas Department 885-6900 (885-6913 after hours) Section A - SP (Revised 9/18/00) L. Page 5 of 27 II Storm Water Department 826-1875 (826-1888 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1940 II AEP 1-877/373-4858 SBC / A T & T 881-2511 (1-800-824-4424, after hours) Signal/Fiber Optic Locate 826-1946 857-1960 II Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624 CenturyTel 225/214-1169 (225/229-3202 (M) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) II CAPROCK (Fiber Optic) 512/935-0958 (Mobile) Brooks Fiber Optic (MAN) 972/753-4355 A-12 Maintenance of Services I/ The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at II his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service ii to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. II Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to II provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall II secure the necessary permit from the City's Traffic Engineering Department. Section A - SP 11 (Revised 9/18/00) Page 6 of 27 I I: I; A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical IL equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, I: if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. I; A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be I: filled with "clean" dirt top soil. "Clean" dirt Top soil is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. i; All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. ti All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. I: A-16 Disposal/Salvage of Materials Excess excavated material (clean dirt) shall be stockpiled and spread in the designated area shown in the plans. Broken asphalt, concrete, broken culverts and 1: other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Water line valves and manhole ring and covers will become the property of the City, and the Contractor 1: shall deliver these items to the City utility yards per the Engineer's instructions. A-17 Field Office NOT USED) 11; The Contractor must furnish the City Engineer or his representative with a field e 1; be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. Thc Contractor shall move thc field officc on thc site as required by the telephone (with 24 hour per day answering service) and FAX machinc paid for by thc I: A-18 Schedule and Sequence of Construction 1: The Contractor shall submit to the City Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. I: The plan must also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 1: 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. Section A - SP (Revised 9/18/00) ill Page 7 of 27 I 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Once a Month Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: a. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion" and as noted above. I/ b. The schedule of construction shall not conflict with any provision of the Contract Documents and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this Contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout will be provided by the City or Consultant Project Engineer. The Contractor will furnish all lines, slopes and measurements for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, Plans and Specifications. Said compliance certification shall be provided and prepared by a third party independent Registered Professional Land Surveyor (R.P.L.S. ) licensed in the State of Texas retained and paid by the Contractor. The third party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the third party surveyor and certify compliance to any regulatory permits. Section A - SP I (Revised 9/18/00) Page 8 of 27 1: Following is the minimum schedule of documentation required: • Streets: All curb returns at point of tangency/point of circumference • Curb and gutter flow line - both sides of street on a 200' interval I: • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes • All intersecting lines in manholes Casing elevations (top of pipe and flow line) (TxDOT and RR permits) Water: •1: • All top of valve boxes Valve vaults rim • Casing elevations (top of pipe and flow line) (TxDOT and RR permits) . hol • Storm Water: •IM All rim/invert elevations at manes All intersecting lines in manholes • Casing elevations (top of pipe and flow line) (TxDOT and RR permits) . A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the Engineer Consultant. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. 1: SCHEDULE OF TESTING BY THE CITY: 1. Embedment, Fill and Backfill (01 Laboratory Testing: (1) Gradation 4 Ea. (2) Moisture-Density Relationship 5 Ea. (3) In-Place Density Tests 300 Ea. 1; 2. Concrete Laboratory Testing: (1) Mix Design: One for each class of concrete. (2) Concrete Cylinders: (1 set is 3 cylinders) a) Cast-In-Place Box Culvert 12 Sets b) Grated Box Culvert 8 Sets d) Junction Box 4 Sets e) Grate Inlets 4 Sets I: f) Concrete Pavement 4 Sets g) Balustrade 6 Sets 3. Flexible Base Course (See Subsection 025220) I: Laboratory Testing: (1) Moisture-Density Relationship Proctor Curve) 5 Ea. 1: (2) In-Place Density Tests 15 Ea. 6. Hot Mix Asphaltic Concrete Pavement (See Subsection 025424) L Laboratory Testing: (1) Extraction Test 1 Ea. (2) Stability and Laboratory Density 1 Ea. (3) Field Density 20 Ea. j Section A - SP (Revised 9/18/00) iii Page 9 of 27 I SCHEDULE OF TESTING BY CONTRACTOR: Testing, including sampling, will be performed by Engineer or the testing 1 firm's laboratory personnel, in the general manner indicated in the Specifications. Engineer shall determine the exact time, location, and number of tests, including samples. Arrangements for delivery of samples and test specimens to the testing firm's laboratory will be made by Owner. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified 11 standards and shall furnish a written report of each test. Contractor shall furnish all sample materials and cooperate in the testing activities, including sampling. Contractor shall interrupt the Work when 1/ necessary to allow testing, including sampling, to be performed. Contractor shall have no claim for an increase in Contract Price or Contract Times due to such interruption. When testing activities, including sampling, are performed in the field by Engineer or the testing firm's laboratory personnel, I/ Contractor shall furnish personnel and facilities to assist in the activities. When the specifications require inspection of materials or equipment during the production, manufacturing, or fabricating process, or before shipment, such services will be performed by Engineer or an independent testing firm or 1, inspection organization acceptable to Engineer. Contractor shall give appropriate written notice to Engineer not less than 10 days before offsite inspection services are required, and shall provide for the producer, manufacturer, or fabricator to furnish safe access and proper facilities and to cooperate with inspecting personnel in the performance of their duties. The inspection organization will submit a written report to Engineer, with a copy to Contractor, at least once each week. The Contractor must provide all applicable certifications to the Engineer Consultant. A-21 Project Signs The Contractor must install 2 Project signs as furnished by the City and as indicated on Attachment No. 1. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. 10/ A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is I/ afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action i1 f Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. II2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, II labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Section A - SP II (Revised 9/18/00) Page 10 of 27 II I c. Minority Business Enterprise: A business enterprise that is owned and I: controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: I: 1. Owned (a) For a sole proprietorship to be deemed a minority business L enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . I: 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of 1: the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets 1: or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. i f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and (0 direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract I: work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business I: Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: ir Minority Participation Minority Business Enterprise (Percent) Participation (Percent) l's _45% 15$ Section A - SP (Revised 9/18/00) lb Page 11 of 27 I b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved I/ change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 . Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspection Required (Revised 7/5/00) (NOT USED) Inspcction Divi.,ion at thc various intcrval3 of work for which a permit is rcquircd and to assurc a final inspcction aftcr thc building is complctcd and r ady for occupancy. Contractor must obtain thc Ccrtificatc of Occupancy, whorl applicblc. Scction B 6 2 of thc Ccncral Provisions i3 hcrcby amcndcd in that thc Contractor must pay all fccs and chargcc lcvicd by thc City's Building Inspcction Dcpartmcnt, and all othcr City fccc, including watcr/wastcwatcr mctcr fccs and tap fccs as 14/ rcquircd by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved I/ Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be Section A - SP I (Revised 9/18/00) Page 12 of 27 • I: listed in the Federal Register as holding certificates of authority on I: the date the bond was issued. " A-25 Sales Tax Exemption (NOT USED) I; following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do I: elects to operate under a separated contract as defined by Section 3.291 of Chapter 3 x Administration of Title 31, Pu= ' - - --- _ or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. I: If the Contractor elects to operate under a separated contract, he shall: I: 2. Identify in the appropriate space on th- "- - ----- _ - ' - - . -z e -- Charges" in the proposal form the cost of materials physi ally incorporated into the Project. 3. Provide resale certificates to suppliers. 4. Provide the City with copies of material invoices to substantiate the propeea3_ value of materials. If the Contractor does not elect to operate under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. subcontractors are eligible for sales tax exemptions -if the subcontractor -also certificate to the subcontractor and the srrbco&tracter, iA t'ara, iseu-es—a- e 1: certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: I: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: f' 1. Name: City of Corpus Christi Engineering Services Department I: Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 filThe Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides 1: worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A - SP (Revised 9/18/00) IW Page 13 of 27 I For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under I/ the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 11 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims (NOT USED) Paragraph (a) General Liability of Section B L 11 of the General Provisions is omcnded to include: Contractor must provide Professional Pollution Liability/Environmental the date the City finally accepts the Project or work. Contractor must pay all or The City must be named additional insured on any policies providing ouch insurance coverage. OR A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for I/ services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 1/ 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. Section A - SP I (Revised 9/18/00) Page 14 of 27 I The criteria upon which the City Engineer makes this determination may include the following: L1. The superintendent must have at least five (5) years recent experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not necessarily limited to, scheduling of manpower and materials, structural steel I: erection, masonry, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and contract close-out procedures. I: The superintendent shall be present, on the job site, at all times that work is being performed. I: 2. Foreman, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foreman cannot act as superintendent without prior written approval from the City. 1: Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such I: superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration I: staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements / Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: tOWithin five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and 1: substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such Is requirements is not reasonably possible. Section A - SP (Revised 9/18/00) lb Page 15 of 27 6. A list of subcontractors that will be working on the Project. This list may . 1/contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B- 7-13; 7. A preliminary progress schedule indicating relationships between the major 1/ components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25, 000.00. The Contractor acknowledges that any change orders in an amount in excess of $25, 000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements 1/ Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Section A - SP 11 (Revised 9/18/00) Page 16 of 27 C 1: A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the 1: completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. I: A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to I: addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc. , the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , 40 construction plans, referenced specifications, Standard Specifications, and General to Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) A. Vioitor/Contractor Orientation Prior to performing work at any City watcr facility, thc Contractor, his t oubcontractoro, and each of thcir employcco must have on thcir peroon a valid card certifying their prior attendance at a Vioitor/Contractor Safety Oricntation Program conductcd by thc City Watcr Dcpartmcnt I: Personnel. A Vioitor/Contractor Safety Orientation Program will bc offered by authooizcd City Watcr Bcp rtmca-t per-.- -- = who do not have ouch a ard, and who desire to perform any work withirr City watcr facility. For additional information rcfcr to L :. Attachment 1. til The Contractor Shall not °tart, operate, or stop any pump, motor, valve, cquipmcnt, Switch, breaker, control, or any othcr itcm related to City watcr facility at any time. All ouch itcmo mu3t bc operated by an I: Dcpartmcnt. C. Protcction of Water Quality 1; timeo. The Contractor ohall protect the quality of the water in the-job cite and ohall coordinate its work with the City Water Dcpartmcnt to IL protect the quality of the water. D. Conformity with ANSI/NSF Standard 61 items, which could come into contact with potable water, muot conform to American National Standardo Inotitute/Nati z-al S ita-ti-ea Flea I: olvcnt° cleaner° lubricants, ga3kcts, Such matcrial3 include all ° , thread compounds, coatings, or hydraulic cquipmcnt. Thcsc items must not Section A - SP (Revised 9/18/00) lim Page 17 of 27 I be u3cd un1c33 they conform with ANSI/NSF Standard 61 and unlcs3 Such priers - - _ _ _ - - The Contractor shall providc the Enginccr with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work ar as clean at all times and remove all trash daily. CONTRACTOR'S ON SITE PREPARATION F. Contractor's personnel must wear colored uniform overalls other than 1/ ■ - -_-, ■ ■ - . -- - - a uniform must provide company name = o- -- . • - H. Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated cr DepaTtmcn-t st&ff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles are allowed at 0. N. Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the I/ for rcquircd work or as directed by City Water Department personnel during emergency evacuation. • I/ ACQUISITION) performed only by qualified technical and supervisory personnel, as determined by meeting the qualifi ations 1 thru 9 below. This work includes, but is not limited to, modifi ations, additions, changes, _= ration all hardware and/or software specified or rcquircd by these specifications. must be able to demonstrate the following: 1/ 1. He is regularly engaged in the computer based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and projects. for at least 5 y ars. 1. He employs a Registered Professional Enginccr, a Control Systems "- _ - -- nginccr to supervise or perform - e work rcquircd by this specifications. Section A - SP 1/ (Revised 9/18/00) Page 18 of 27 I: 5. He employs personnel on this Projcct who have successfully completed a manufacturcr's training coursc in configuring and for thc Contract. 6. He maintains a permancnt, fully ctaffcd and cquippcd service Lfacility within 400 miles of the Project sitc to maintain, rcpair, calibrate, and program thc systems specified hcrcin. 7. He shall furnish equipment which is the product of one practical, all cquipmcnt of a given type will be the product of one manufacturer. 8. Prior performance at thc 0. N. Stcvcns Water Treatment Plant will I: be used in cvaluating which Contractor or subcontractor programs the new work for this Projcct. 9. The Contractor shall produce all filled out programming blocks rcquircd to show the programming as needed and rcquircd, to add I: these two systems to the existing City SCADA system. Attached is an cxamplc of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is 1: an cxamplc and is not intended to show all of the rcquircd sheets. The Contractor will provide all programming blocks used. L. Trenching Requirements I: All trenching for this project at the 0. _IN� Stevens Water Treatment-Plant shall be performed using a backho- on the project. A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. The Engineer will retain 1: six sets (seven if electrical) for distribution to City staff, inspector and Engineer's file. Contractor shall submit the additional number required for return for his files, manufacturers, sub-contractors, etc. I: b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal I: Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and t detail number(s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, 1; appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance L with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate im the submission of related items. l'W Section A - SP (Revised 9/18/00) Im Page 19 of 27 I f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to 11 subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. I/ 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. I/ 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: 1/ "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction. " A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance (Not Used) - _ _---_- -- • = improvcmcnts docs not conotitutc final acccptancc of the improvcmcnto undcr Ccncral Provision B 8 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Section A - SP (Revised 9/18/00) Page 20 of 27 I Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and thc Contractor will be compensated at thc unit price indicated in thc proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: 1j The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders 7: Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by 1: contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimcnoiono due to oubotitutiono. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. (6) Horizontal and vertical dimensions of existing utilities affected, crossed or found during the construction. A-46 Disposal of Highly Chlorinated water (7/5/00) Section A - SP (Revised 9/18/00) ir Page 21 of 27 I The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED) Prior to any construction whatever on thc projcct, Contractor shall "pot hole" or excavate and expose all existing utilities of thc projcct that cross thc proposed box culverts or grate inlets and Contractor shall survey thc exact vortical and For existing utilities which parallel and arc within ten feet (10' ) of proposed pipelines of thc projcct, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey thc accurate horizontal and vertical lo ations of said parallel pipelines at 300 feet maximum O.C. Contractor shall thcn prepare a report and submit it to the City for approval indicating the Owner of utilities cx avated and surveyed, as well as thc approximate station thereof, distance to the pavement centerline and elevations of the top of existing utilities. 1/ the Eng;neer a__ • nt_l Contractor reccivc3 Engineer'3 approval of repot . Exploratory excavations shall be measured as a Lump Sum as indicated on the proposal form. Contractor shall provide all his own survey work effort (no separate pay) for exploratory cx avations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or Section A - SP I/ (Revised 9/18/00) Page 22 of 27 ' 1: remedies available to the City of Corpus Christi for any claims or causes of I: action against the Contractor or any other individual or entity. " A-50 Technical Special Provisions The requirements of "Technical Special Provisions" are incorporated by reference in these Special Provisions. A-51 Contaminated Soils If, during the construction, an area is suspected of a high level of contamination, I: then the City will have the area tested. If the area proves to have a high level of contamination, then the Contractor shall comply with the regulations of the TCEQ who has jurisdiction concerning policies as to the reuse of this material, the Contractor shall follow the following procedures: j 1. Material Reuse: Excavated material that contains indications of elevated levels of contamination may be utilized as backfill for excavations, up to 24" from the surface of the finished grade. It will be the Contractor's to responsibility to incorporate as much as possible of the contaminated material into the backfill. Clean material with no indication of contamination shall be used with the top 24" of the trench. All materials used for the backfill I: of excavations shall also conform to the trench embedment section shown on the construction drawings. 2. On-Site Stockpiles: Excess material from excavation, whether non-contaminated 1; or contaminated with any detectable concentration of contaminants, shall be handled in such a way as to prevent run-on, runoff„ and infiltration of contamination from precipitation. Contaminated stockpiles shall be underlain by plastic, with a clean-soil berm covered with plastic around the perimeter. L The contaminated stockpiles shall be covered with plastic and secured to prevent loss of the cover due to wind or storms. Maintenance and cleanup of any stockpile areas shall be the responsibility of the Contractor. 1: 3. Disposal of Excess Non-Contaminated Soil: The balance of any non-contaminated soil not used in backfill, shall become the property of the Contractor and shall be hauled off and disposed of by the Contractor at the designated disposal site. tO4. Disposal of Contaminated Soil: All costs associated with excavating contaminated soil, transporting contaminated soil, landfill disposal fees, constructing and maintaining a stockpile in the required manner, and cleaning I: up the project site after the contaminated soil is removed shall be paid for by the cubic yard as measured by the City Inspector. Excess contaminated soil will be transported by the Contractor to a safe disposal area to be designated by the City. 5. OSHA Training: Contractor shall be responsible for providing proper OSHA hazardous waste training that is required for construction personnel working in contaminated areas. 1; A-52 Fences All existing fences affected by the work shall be maintained by Contractor until 1: completion of the work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence by the Contractor, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the ii: construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. On completion of the work across any tract of land, Contractor shall restore all fences to their original or to a iwSection A - SP (Revised 9/18/00) Ime Page 23 of 27 11 better condition and to their original locations. There shall be no separate payment for removal, replacement or repairs to existing fences. A-53 Protection of Public and Private Property Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected 1/ by his construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. No trees shall be removed outside the permanent easement, except where authorized by Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parkings when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by him or his Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 1/ A-54 Security Contractor shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. A-55 Access Roads Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing work or furnishing services in connection with the Project. A-56 Parking I/ Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Owner's operations, or construction activities. A-57 Amended "Prosecution and Progress". Under "General Provisions and Requirements for Municipal Construction Contracts", B- 7 Prosecution and Progress, add the following: Section A - SP I (Revised 9/18/00) Page 24 of 27 1 "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may I: request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. A-58 Noise Control 1: Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working I: hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work, according to Federal Highway Administration and OSHA regulations. I: During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct his operations to avoid unnecessary noise which 1: might interfere with the activities of building occupants. A-59 Dust Control 1: Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ip ventilation shall be included with dust screens. Monthly payment will be withheld if this provision is not followed. Ir A-60 Temporary Drainage Provisions Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. Drainage facilities L shall be adequate to prevent damage to the Work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. 1; Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) , to protect Owner's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. 1: See also: Section Tl-E20 of the Technical Specifications, Storm Water Pollution Prevention. I: A-61 Dewatering This item is measured by the linear feet of trench where dewatering is needed to keep the excavation dry. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm Li water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge Section A - SP (Revised 9/18/00) Im Page 25 of 27 11 groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Oso Bay. Testing of groundwater quality is to be performed by the City, at the City' s cost, prior to commencing discharge and shall be retested by the City, at the City' s expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater from the trench to the sanitary sewer system, the Contractor shall contact Mark Shell 857-1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. I I I I 11 I 11 I 11 I 1 Section A - SP (Revised 9/18/00) Page 26 of 27 C SUBMITTAL TRANSMITTAL FORM PROJECT: HEALTH DEPARTMENT BUILDING PARKING LOT(BOND 2012)/ PROJECT NO. E12125 OWNER: City of Corpus Christi ENGINEER: Urban Engineering 1: CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL L I C I C C C C C I Section A - SP (Revised 9/18/00) Page 27 of 27 Ift AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 18th day of March , 2014, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Mako Contracting, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $402,734.13 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) - PROJECT NO. E12125 (TOTAL BASE BID + ADD.ALTS. #1 & #2: $402,734.13) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Feb-2019 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 65 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Feb-2014 ATTEST: CITY OF CORPUS CHRISTI -R21(1 -6- i'LU\-(171 By: City Secretary Natasha Fudge, P.E. Acting Director of Capital Programs APPRO ED AS 0 LEGAL FORM: By: Asst. City A torney CONTRACTOR ATTEST: (If Corporation) Mako Contracting, LLC By: , (Seal Below) Titl-. a (Note: If Person signing for corporation is not President, 4833 Saratoga #496 attach copy of authorization (Address) to sign) Corpus Christi, TX 78413 (City) (State) (ZIP) 512/517-2818 (Phone) makocontracting(p�gmail.corn (Email) C�� - 3012-;+, CAIR4CIL - SECIttTAtY Page 3 of 3 Rev. Feb-2014 1 P R O P O S A L F O R M A F O R HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012 ) PROJECT NO . E12125 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PPOPOSAL FOP -` PAGE 1 CF I: ADDENDUM NO. 1 ATTACHMENT NO. 1 €_ Page 1 of 12 P R O P O S A L• Place: Date: / //8r/.3 1 Proposal of Mgko CO.101-rncIV.7.7 a Corporation organized and existing under the laws of the State of Txcis- OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: ADDENDUM NO. 1 PP.CP;;SAL FORM ATTACHMENT NO. 1 PAGE 2 OF 12 Page 2 of 12 ii fi HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 BASE BID I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE IN FIGURES) A. BASE BID - PART A: SIDEWALK REPLACEMENT 1 A-1 3,202 Remove/Dispose Concrete ' SF Sidewalk, Curb, Ramps, 3:6 $ PI, 5� , complete in place per SF • A-2 3,202 Concrete Sidewalk/Ramps, SF complete in place per SF SUBTOTAL BASE BID - PART A $ g 1 i Gc(U. (Items A-1 - A-2) B. BASE BID PART B: PAVING IMPROVEMENTS B-1 Excavate Asphalt Pavement� 430 c � m_^.� a;td SY Base, and Haul Off, complete `^ S in place per SY i�•7� i • B-2 1, 430 Excavate (haul off excess) , SY Regrade and Compact 12" Raw Subgrade(for Light Duty HMAC; , complete in place per SY , g.`ii P, X37. B-3 1, 430 Place, Grade and Compact 6" SY Crushed Limestone Base (for Light Duty HMAC) , complete in 12' iS place per SY �c $ � O 0 SC.- B-4 55 Remove HMAC, Level Up, Patch, SY complete in place per SY $N $ 11 133 C,eO } B-5 1,430 2" Type D Hot Mix Asphalt SY Cement, complete in place per a N�1 O:% SY $ 37, �SS . B-6 1,030 New Seal Coat, complete in place SY per SY n5� aof(. $ '✓�,L S G.°" k' B-7 1 Parking and Accessible £< LS Striping p n lase ti com lete p 1`: LS Fer 7-260? $ �1�60_�� B-B 100 6" L-Curb ple*e in place com s .. LF per LF 1 b. $ 1, 00. ADDENDUM NO. 1 PROPOSAL PPROPOSAL F•�'u ATTACHMENT NO. 1 PAGE 3 OF Page 3 of 12 :,:., 4 HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 BASE BID I I II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE IN FIGURES) E-9 1,430 Tensar Tx5 Gecgrid, Complete SY in Place per SY Z0 SUBTOTAL BASE BID - PART B $ v6►�0 ?2-6 (Items B-1 - B-9) TOTAL BASE BID: $ I3S, 7i 7,�c (Part A and Part B) NOTE: The above unit prices must include all Labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the of any or quantity o� ar.•� bid item. The above quantities are approximate, include an additional. 5% in some cases, and may v-r' F ^ Do not order material based on these approximate quantities. `' ' _ro.. the final quantities. is f-: ADDENDUM NO. 1 PROPOSAL FORM ATTACHMENT NO. 1 PAGE 4 CF 12 Pace 4 of 12 A A HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) I PROJECT NO. E12125 ALTERNATIVE BID i I 1 II III IV V BID QTY & UNIT PRICE BID ITEM EXTENSION ITEM UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE IN FIGURES) A. ADDITIVE ALTERNATE NO.1 - PART A: SIDEWALK REPLACEMENT 1 AA1 186 Remove Dispose Concrete A-1 SF Sidewalk, Curb, Ramps, 3, ' complete in place per Sr J $ 'f eL AA1 186 Concrete Sidewalk/Ramps, A-2 SF complete in place per SF S " AA1 1 ADA Sign, complete in place A_3 EA per EA 7.S. 30S ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART A $ I1'/0.- - (Items AA1 Al - A3) B. ADDITIVE ALTERNATE NO.1 - PART B: PAVING IMPROVEMENTS AA1 2, 3E5 Excavate Asphalt Pavement and B-1 SY Base and Haul Off, complete it ']C place per SY -- 3�1 CS�,�S AA1 1,603 Regrade and Compact 7" B-2 SY Recycled HMAC Pavement (RAP) Subgrade (For Heavy Duty b)- , Concrete) , complete in place 1i,- per SY c 2,3`U 114 AA1 13,194 7" Heavy Duty Reinforced B_3 SF Concrete Pavement, complete in L place per SF S• $ 7i-113Y2.z.) Excavate (Haul Off Excess, AA1 649 Regrade and Compact 12" Raw B-4 SY Subgrade (For Heavy Duty �i t HMAC) , complete in place per �, $ 5+��1��.`+ SY Place, Grade and Compact 8" AA1 649 Crushed Limestone Base )for B-5 SY Heavy Duty HMAC) , complete in `1} w place per SY �I-° $ 1�5`t`�5 AA1 649 2 1/2" Type D Hot Mix Asphalt Cement, (for Heavy Duty B-6 SY eav Y Y V I$ �1 HMAC)complete in place per SY $ i�+�3/. - . t AA1 1,487 New Seal Coat, complete in place B-7 SY per SY 1'� $ 6�b• k AA1 1 Parking and Accessible B-8 LS Striping, complete in place per '.Wt $ ilssa, LS 1 t PROPOSAL FORM ADDENDUM NO. 1 PAGE 5 OF 12 ATTACHMENT NO. 1 IsPage 5 of 12 I- 6 HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 ALTERNATIVE BID i I I II I III I IV V 3 pni 266 Pro Concrete Valley, B-9 SF complete in place per SF F']. 75.«5 i AA1 649 Tenser Tx5 Ge.og:id complete in / .1jy B-10 SY place per SY 6 i. s y,030. IF AA1 1 Curb Stop complete in place B-11 an per EAS.r� $ has ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART B $ rly ).q 5 (Items AA1 B1 - B11) C. ADDITIVE ALTERNATE NO.1 - PART C: DUMPSTER PAD IMPROVEMENTS AA1 6" Reinforced (Dual; Concrete C-i 1 Dumpster Pad with Bollards and LS Screening (Steel Post, Wood pp �d Fence with Gates; complete in 11t9, t _ place per LS S_ -��, ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART C $ (�� �' (Items AA1 Cl) D. ADDITIVE ALTERNATE NO.1 - PART D: ELECTRICAL, IMPROVEMENTS (METAL HALIDE) AM 1 I Demolition of Overhead Line, 'D complete in place er LS SC). $ (S c P C�• AA1 1 20A/1P Breaker, complete i.. D-2 EA place per EA 2s." S AA1 500 #12 AWG Copper 600V, complete I•3' bBS.' D-3 LF in place per LF — AA1 750 #10 AWG Copper 600V, complete 1.43 $ 1)0711;.(:''' D-4 LF- in place per LF AA1 315 I Y I,I Q� PVC Conduit, complete i . $ t D-5 LF place per LF it t AA1 65 14 RGS Conduit, complete in 41. 3 $ 30tsc4 f D-6 LF place per LF OS AA1 65 14 EMT Conduit complete in 6 9� $ ;I ' I. D-7 LF place per LF P AA1 350 Trench, complete in place per 10� $ 3,SOO,-" D-8 LF'" LF i t PROPOSAL FORM ADDENDUM NO. 1 s=- PAGE 6 OF 12 ATTACHMENT NO. 1 Page 6 of 12 '- i HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) 1 PROJECT NO. E12125 ALTERNATIVE BID I I II I III IV V AA1 1 Core Drill Mall and Seal, I 66.''''• I ' d D-9 EA complete in place per EA $ I 1 Mi scell `.?? I AA1 aneo.;s Electrical, `(,0 _ CCIO C1! D-1O LS complete in place per EA $ AA1 1 Full Box, complete in place D-1i EA per EA 900. -c $ 70o•"2-(' AA1 2 H.D.G. Steel Light Pole [ 7C S' ��' a? D-12 EA complete in plate per LA v� � /�. S 3S�. AA1 4 Light Fixture (Metal Halide) , t(;0,- 11-.9-°°'a D-13 EA complete in place per r:A $ AA1 2 Light Pole Foundation, LI�S32 '= D-14 EA complete in place per EA 9 75.E-� ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART D $ 3 lik es.- (Items AA1 D1 -D14) E. ADDITIVE ALTERNATE NO.1 - PART E (IN LIEU OF AA1 PART D) : ELECTRICAL IMPROVEMENTS (LED OPTION) AA1 1 Demolition of Overhead Line, E1 LS complete in place 1 `'' per LS IS .�____ $ 60, '''j AA1 1 20A/1P Breaker, complete in E-2 EA place per EA e' 7S. 7S. AA1 500 #12 AWG Copper 600V, complete E-3 LF in place per LF $. E=TAA1 750 #10p G Copper 600V, complete '.�3 S 1 078. a' LT in lace S AA1 315 41 i / b' '1 OS w E-5 LF place Conduit, complete in $ place per LF AA1 65 % RGS Conduit, complete in q.7) or' E-6 LF place per LF $ t AA1 65 It EMT Conduit complete in 0 $ 11' ! , E-7 LF place per LF '7 . A 31 0 Trench, complete in place per i° CL) Lt � S 3� v i°� ) AA1 1 Core /� �� 166 �� f ore Drill Wall and Seal, 1t7b.' $ E-9 E' complete in place per EA t' ADDENDUM NO 1 [� FPOPOSAr, FORM ATTACHMENT NO. 1 PAGE , OF 12 Page 7 of 12 )`t. t • HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 ALTERNATIVE BID I I II I IZZ IV V AM 1 Miscellaneous Electrical, ()co.c= $ E-10 LS complete in place per EA i CCU. AA1 1 Pull Box, complete in place E-11 EA per EA $ 700._-- AA1 2 Aluminum Light Pole, complete 3 6s7 .fl- in place per 1 w Ha') i AA1 4 Light Fixture(LED) , complete 9,,1,)5(, $ ' 82S; - E-T3 A in place per xA AA1 2 Light Pole Fooundation 16532 S_ $ `l,0� ET4 EA co e e in pe 1 S ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART E $ 3 L'/I .a? (Items AM El -E14) TOTAL ADDITIVE ALTERNATE NO. 1S__a,2119'O. (PARTS A TO PART D) S TOTAL ADDITIVE ALTERNATE NO. 1 $ 2I 0 81 - (PARTS A TO C AND PART E) NOTE: The above unit prices must include all labor, materials, bailing,, bail.ng removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right co increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional- 5�`. in some cases, and may not � may vary from the final quantities. Do not order material based on these approximate quantities. - ( PROPOSAL EOM NO. 1 -'. PAGE 6 OF 12 ATTACHMENT NO. 1 Page 8 of 12 I , i • HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) PROJECT NO. E12125 ALTERNATIVE BID i 1 I I II I III IV 1 V BID QTY & UNIT PRICE BID ITEM EXTENSION 1 ITEM UNIT DESCRIPTION IN FIGURES (QTY & UNIT PRICE IN FIGURES) j A. ADDITIVE ALTERNATE NO.2 - PART A: SIDEWALK REPLACEMENT AA2 4,379 Remove/Dispose Concrete - A-1 SF Sidewalk, Curb, Ramps, complete L S �J�� gC,�, C, in place per Sr AA2 4,379 Concrete Sidewalk/Ramps, .'1� :2 A-2 SF complete in place per SF S a 3'y a U -� // sa p TOTAL ADDITIVE ALTERNATE NO. 2 PART A S_ 3/) 7b S. (BID ITEM AA2 Al - A2) NOTE: The above unit prices must include all labor, materials, bailing, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional S=. in some cases, and may vary from the final quantities. Do not order material based cn these approximate quantities. BID SUMMARY TOTAL BASE BID Part A and Part B) $ 135a 6/99,7-6 TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 $ 3641,q9 y,SG- (Part A and Part B) (Part A thru Part D) TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 $ 3 bs, op..- (Part A and Part B) (Part A thru Part C and Part E) TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 (Part A and Part B) (Part A thru Part D) AND ADDITIVE ALTERNATE NO. 2 (Part A) $ 1/0.2,��2, SO TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 (Part A and Part B) (Part A thru Part C and Part E) ; AND ADDITIVE ALTERNATE NO 2 Se (Part A) $ L142� 8So.- t r t. E` ADDENDUM NO. 1 ATTACHMENT NO. 1 t. Page 9 of 12 PPOPCSAL FORM §,.:_ PAGE 9 OF 12 t. 4 • The undersigned hereby declares S �he has visitPd the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no pr re esenta.i cns made by the City are in any sense warranty but are mere estimates the guidance of the Contractor. F Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as re?uiredifor the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5"k of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work aused thereby. .. Minority/Minority Business Enterprise Participation: The arent low bidder shall, within five days apparent ys of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work as follows ;including any of the alternatives, if awarded) from the date designated by a Work Order. Base Bid Only 20 Calendar Days Additive Alternate No. 1 35 Calendar Days Additive Alternate No. 2 10 Calendar Days The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum Cr sums above set forth. Receipt of the following addenda is acknowledged (addenda number : 1 Respectfully submitted: AA Name: C�cAb;eI Cc0e4'n n By: (SEA:., - IF BIDDER IS ( NATURE) a Corporation:) Address: 44173 � ( (P.O. Box) (Street) (orp c Glrr�>>, T 7Cy/,' (Ci y) (State) (Zip) Telephone: S)2.- c!?- ape NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. (Revised August 2C1i) ADDENDUM NO. 1 PROPOSAL FORM ATTACHMENT NO. 1 Page 16 cf 12 Page 10 of 12 �, • PERFORMANCE BOND STATE OF TEXAS § BOND No. 1000880208 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Mako Contracting, LLC of the City of Corpus Christi , County of Nueces, and State of Texas , as principal ("Principal"), and U.S.Specialty Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of FOUR HUNDRED TWO THOUSAND, SEVEN HUNDRED THIRTY-FOUR AND 13/100 U.S. Dollars ($402,734.13 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 18TH of MARCH , 2014, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) - PROJECT NO. E12125 (TOTAL BASE BID + ADD. ALTS. #1 & #2: $402,734.13) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent in-Neese y to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 20th day of March , 2014. PRINCIPAL SURETY Mako Contracting,LLC U.S.Specialty Insurance Company By: By: Attorney-in-fact Robert G.Kanuth Title: /?c.t,(s►d- „Le EST: Secretary Address: 4833 Saratoga,Ste.496 Address: 2255 Ridge Rd.,Ste.333 Corpus Christi,TX 78413 Rockwall,TX 75087 Telephone: 972/772-7220 Fax: 972/771-4695 E-Mail: RKanuth @kandsins.com (Rev. Date May 2011) Performance Bond Page 2 of 3 • Name and address of Resident Agent of Surety in , Texas, for delivery of notice and service of process: Name: Gary Boyd Agency: K&S Insurance Agency Address: 1814 Holly Rd.,Ste.B (Physical Street Address) Corpus Christi,TX 78417 (City) (State) (Zip) Telephone: 361/949-4637 E-Mail: gboyd @kandsins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 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 M aryland 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 or Robert G.Kanuth 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 December 8,2016. 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 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 documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY �,,, o�tpRC7ogJ , 0�5,5,,,,,,1,,,' \`�;�N C _y ig/`tp By:=Y, =N( _ s Daniel P.Aguilar,Vice P rest en t "'P4LiFORNd c` ,O w,n '';;;,t Fi +P„```` * State of California County of Los Angeles SS: On 10th day of December,2012,before me,Vanessa Wright,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(s),or the entity upon behalf of which theson(s)acted,executed the instrument. I certify under PENALTY OF PE JURYunder to laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y MOW S '!�5t'i,. Commutes•1998319 (Seal) x NotryPolak-CalMe* Signature Los Aapla Ceway �•..:,.* J Comm.s Doc 8.2018 I, Jeannie Lee, 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 Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this — "'day of 11 v O.\ 10A`- Corporate Seals �:�iRPCTO 5 ,,, �`0�a sukFr, �o" �, � ,��s�:a, ( 3 .'.., * .y. W Bond No 6�1LS " •. 5� = Jeannie Lee, sistant Secretary a Agency No. 17042 ";��i;FOR;;;�:..`'' �m 'r,f OF TE„o° ,', PAYMENT BOND STATE OF TEXAS § BOND No. 1000880208 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Mako Contracting, LLC of the City of Corpus Christi , County of Nueces, and State of Texas , as principal ("Principal"), and U.S.Specialty Insurance Company , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of FOUR HUNDRED TWO THOUSAND, SEVEN HUNDRED THIRTY-FOUR AND 13/100 U.S. Dollars ($ 402,734.13 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 18TH day of MARCH, 2014 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: HEALTH DEPARTMENT BUILDING PARKING LOT (BOND 2012) - PROJECT NO. E12125 (TOTAL BASE BID + ADD. ALTS. #1 & #2: $402,734.13) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) Payment Bond Page 1 of 3 • • Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent ' to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 20th day of March , 2014. PRINCIPAL SURETY Mako Contracting.LLC U.S.Specialty Insurance Company By: By: 1 Attorney-in-fact Robert G.Kanuth Title: ; ,. EST. &,4 S cretary Address: 4833 Saratoga,Ste.496 Address: 2255 Ridge Rd.,Ste.333 Corpus Christi,TX 78413 Rockwall,TX 75087 Telephone: 972/772-7220 Fax: 972/771-4695 E-Mail: RKanuth @kandsins.com Rev. Date May 2011 Payment Bond Page 2 of 3 • • • Name and address of Resident Agent of Surety in Nueces-G011-FIty7 Texas, for delivery of notice and service of process: Name: Gary Boyd Agency: K&S Insurance Agency Address: 1814 Holly Rd.,Ste.B (Physical Street Address) Corpus Christi,TX 78417 (City) (State) (Zip) Telephone: 361/949-4637 E-Mail: gboyd @kandsins.com Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 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 M aryland 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 or Robert G.Kanuth 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 December 8,2016. 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 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 documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY ivarry:y �" StSUR �.,�y4.tiC'N. !.,''CTO/� , '4, '� Pa` insura''''•', ,`pi.•......... :y°,, "C T'�,' `OO.:.. .:cam%, ``.;�:...........'e'', tw,zs,no _ _ :aa; _ _ f Daniel P Aguilar, P t 'i sr. :' = anie P.Agui ar,Vice resi ent iof a "o gt1f0RMTac` u'kn '',''4r��F t�1•", ru*u namuan` a„� n n,ntnma i n n State of California County of Los Angeles SS: On 10th day of December,2012,before me,Vanessa Wright,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(s),or the entity upon behalf of which the ersoncs)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. v. !d r%% comnassioe•meim Signature (Seal) Notary -cwm* .r J Las Moots:CrM ” Comm.E its Doc e.2016 I, Jeannie Lee, 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 Attorney are in full force and effect. �L In Witness Whereof,I have hejeuuntp set my hand and affixed the seals of said Companies at Los Angeles,California this LO day of MZArt_NA , ( Y1`:\ � , Orn,C to won Corporate Seals ..``Sn UC" ,� tnsuraq .e..,py Av./. , s r 4: Bond No (0Crer6CZ2` =s.SE°' :y` .�• W:. '= ". Y�s� Jeannie Lee, • sistant Secretary Agency No 17042 +nunt 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: 601 S. Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600 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(111-1A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)475-1771 Fax No. (512)475-1771 Web:http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a,tdi.state.tx.us E-mail: ConsumerProtection @tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 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 condicion del document. documento adjunto. • • , , ® , a ` ` DATE(MMIDDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 3/20/2014 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 endortement(s). PRODUCER CONTACT Cheryl Bounds NAME: White Hills Plaza, Inc. DBA K&S Insurance /ACNNo Flit): (972)771-4071 AIC.No).(972)771-4695 •2255 Ridge Road, Ste. 333 E-MAIL ounds @kandsins.com P. 0. Box 2 7 7 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A Mid-Continent Assurance Co. INSURED / INSURER B Mid-Continent Casualty Co. Mako Contracting LLC J INSURERC:Federal Insurance Company 20281 4833 Saratoga #496 INSURERD: INSURER E: Corpus Christi TX 78413 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR ./ INSR MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY y EACH OCCURRENCE 5 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES 100,000 PREMISES(Ea occurrence) I A I CLAIMS-MADE X OCCUR 08-GL-000896863 1/27/2014 1/27/2015 MED EXP(Any one person) 5 b4.1371 4/13 - Al AI / PERSONAL&ADVINJURY S 1,000,000 CG2034 4/13 - Al YYY GENERAL AGGREGATE 77 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER bIL1080 7/11 - WOS PRODUCTS-COMP/OP AGG S 2,000,000 7 POLICY X jr O- 9 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) S ./ B ALLOWNED SCHEDULED 04-CA-002800493 1/27/2014 1/27/2015 V BODILY INJURY(Per $ AUTOS AUTOS NON-OWNED 1412004 11/00 - Al 7 PROPERTY DAMAGE S X HIRED AUTOS X AUTOS �/ (Per accident) _ MA2003 10/13 - WOS Uninsured motorist combined 5 100,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE S 2,000,000 DED X RETENTIONS 10,000 04-XS-185076 1/27/2014 1/27/2015 5 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED') N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes.describe under ' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C Leased/Rented Equipment 45467494 1/13/2014 1/13/2015 $100.000w/$1000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: No. E12125 Health Department Building Parking Lot. See above listing of additional insured and waiver of subrogation endorsement forms. V CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi Department of Capital Programs Attn: Contract Administrator AUTHORIZED REPRESENTATIVE P.O. Box 9277 Corpus Christi, TX 78469-9277 Z.C.X. Gary Thompson/CHERYL ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025r9mnnF,m Thu A(flPf1 name anti Innn arc rcnicfcrnrl marlrc of Arnm1 . , „----•.1 r r E.SGMINC-01 DVERNEUILLE Ac, CERTIFICATE OF LIABILITY INSURANCE DA7E(MMDOfYYYY) ` i 3/2412014 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 i BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Deborah Verneuille Robertson Ryan-Racine PHONE 262}886 0130 FAX 262 8$6-3947 6015 Durand Avenue.Suite 300 tAC,No,Ecq:( _." (AyNoL( ) _ Racine,WI 53406 ADDRESS:dvemeuille@robertsonryan.com INSURER(S)AFFORDING COVERAGE NAIL a INSURER A:Amtrust Insurance Co of Kansas Inc J INSURED INSURER B. Mako Contracting LLC I INSURER C: c/o Halcyon HR Inc INSURER D: 5710 McArdle Road — Corpus Christi,TX 78412 INSURER E_ _ INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS I5 T`U CERTIFY THAI THE POLICIES OF INSURANCE LISTED BELCWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE:: NOTVOTHSTAND:NG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUE':/ 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 EY PAID CLAIMS INSR _--- -- 'ADOL"SUBR. -- --- POLICY EFF POLICY EXP LIMITS LTR,, TYPE OF INSURANCE INSR MD POLICY NUMBER (MM/DO�NYY�,IMMIDD/YYYY) GENERAL LIABILITY ' EACF OCCURRENCE !. $ — [DAMAGETO RENTED V1r ENE ?._JASILITY I (E a oc 7,7ence` L.t VS MADE OLCDR MED EXP'Any ereper5om 1 5 PERSONAL&ADS'INJURY $ — GENERAL AGGREGATE $ 9EN L .�. - 1•:.-,.,PP LIES PER PRODUCTS-l:OMU:OP AGG _ c>. ^,•;, PRO-- - sic: LAC AUTOMOBILE t.!Aeii ITr COMB:NED SINGLE LIMI t Ea ac dent; �_ S050Y INJURY(P ;cerso"1, 5 ,r. ----- ;HE.,ULr'; HODI_V 15JI RV:PC'<mden'.i 5 AI,-.O.-: zLIbS _ .._ NON-OWNED PROPERTY DAMAG_ 'PER ACCIDENT. _......__. i JMBREL LA I.MO CUR EACH 3CCURRi-I•"E n EXCESS LIAR I.FIMS-MAIZE AGGREGATE RETENTION E S WORKERS COMPENSATION 1 t^IC STA.TU 1OTI I- ----i X_ TOPT(LIMIT i ER AND EMPLOYERS'LIABILITY 1,000,QO�' A ANT Ps r 'R FYR Orr I I L�T!V_Y�N• :KWC1028861 1110112013' 10101/2014 E L EACH AC IC NT s ,_- :OckM NE3 K x_ .'- - N i NIA (Mandatory Tn NH) __._.- E 1. DISEASE EA EMPLOYEE $ 1,000,001 s descr 2e r 1,000,000 DESCPI t ON„F`1PERA IONS`ve-cw - I c L DISEASE POL CY LIMIT 15 DESCRIPTION OF OPERATIONS:LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Coverage is provided for those employees leased to but not subcontractors of:Mako Contracting LLC,4833 Saratoga#496,Corpus Christi,TX 78413 j jif we cancel or non-renew this policy for any reason other than nonpayment of premium or at the request of or on behalf of the Named Insured,we agree that the certificate holder will be notified prior to the effective date of cancellation when such notice is required in a written contract.The manner and timing of the notice will be as required by law,or 30 days.whichever is greater. A transfer of this policy from one insurance affiliate to another within the same insurance holding group shall not be deemed a cancellation,unless prohibited by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL CIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Department of Capital Programs Attn:Contract Administrator P 0 Box 9277 AUTHORIZED REPRESENTATIVE 0 Corpus Christi,TX 78469-9277 14/ I C7 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy 1 MUM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS, LESSEES OR CONTRACTORS ADDITIONAL INSURED STATE OF TEXAS This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI,TX 78469-92577 PROJECT:E12125 HEALTH DEPARTMENT BUILDING PARKING LOT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect lo liability caused, in whole or in part,by your performance of your work"for that insured. However, if you have entered into a construction contract subject to the Texas Insurance Code, with the additional insured,the insurance afforded to such person or organization only applies to the extent permitted by the Texas Insurance Code. This amendment applies only when you have agreed by written"insured contract"to designate the person or organization listed above as an additional insured subject to all provisions and limitations of this policy. ML 13 77(04 13) Page 1 of 1 08-GL-000896863 I ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION STATE OF TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. However, if you have entered into a construction contract subject to the Texas Insurance Code, with the additional insured, the insurance afforded to such person or organization only applies to the extent permitted by the Texas Insurance Code. ML 13 71 (04 13) Page 1 of 1 • 08-GL-000896863 \1 COMMERCIAL GENERAL LIABILITY CG 20 34 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to A person's or organization's status as an include as an additional insured any person(s) or additional insured under this endorsement ends organization(s) from whom you lease equipment when their contract or agreement with you for such when you and such person(s) or organization(s) leased equipment ends. have agreed in writing in a contract or agreement B. With respect to the insurance afforded to these that such person(s) or organization(s) be added as additional insureds, this insurance does not apply an additional insured on your policy. Such to any "occurrence" which takes place after the person(s) or organization(s) is an insured only with equipment lease expires. respect to liability for "bodily injury", "property damage" or "personal and advertising injury" C. With respect to the insurance afforded to these caused, in whole or in part, by your maintenance, additional insureds, the following is added to operation or use of equipment leased to you by Section III—Limits Of Insurance: such person(s) or organization(s). The most we will pay on behalf of the additional However, the insurance afforded to such insured is the amount of insurance: additional insured: 1. Required by the contract or agreement you 1. Only applies to the extent permitted by law; have entered into with the additional insured; and or 2. Will not be broader than that which you are 2. Available under the applicable Limits of required by the contract or agreement to Insurance shown in the Declarations; provide for such additional insured. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. *CG20340413* CG 20 34 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 08-GL-000896863 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV-Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of"your work"done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. ML1080(0711) Page 1of1 08-GL-000896863 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: / COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization; Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV-Conditions We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your work"done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. ML 10 80(07 11) Page 1 of 1 ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the Inception date of the policy unless another date is indic ed below: Endorsement Effective 1/27/2014 Policy Number 04-CA-002800493 Named Insured MAKO CONTRACTING LLC Countersigned by (Authorized Representative) The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all provisions and limitations of this policy. _ (Enter Name and Address of Additional Insured.) Is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional Insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, If applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this Insurance. The additional Insured will retain any right of recovery as a claimant under this policy. MA 20 04(11 00) Page 1 of 1 • • POLICY NUMBER: 04—CA-002800493 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: 01/27/2014 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization for whom the named insured is operating under a written "insured contract: when such contract requires a waiver of transfer of rights of recovery against others. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. MA 20 03(10 13) Page 1 of 1 ❑ MIXISO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNERS, LESSEES OR CONTRACTORS ADDITIONAL INSURED STATE OF TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF CORPUS CHRISTI (If no entry appears above, information required to complete this endorsement will he shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused,in whole or in part,by your performance of"your work'for that insured. However, if you have entered into a construction contract subject to the Texas Insurance Code, with the additional insured,the insurance afforded to such person or organization only applies to the extent permitted by the Texas Insurance Code. This amendment applies only when you have agreed by written"insured contract"to designate the person or organization listed above as an additional insured subject to all provisions and limitations of this policy. ML 13 77(0413) Page 1 of 1 WM J POLICY NUMBER: 08-GL-000896863 AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: CITY OF CORPUS CHRISTI 2. Address: PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 1 Number of days advance notice: 30 J MI 90 06(10 97) MOO CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT In the event of cancellation or material change which reduces or restricts the insurance afforded by the policy,the company agrees to mail 30 days prior written notice of such cancellation or material change to: CITY OF CORPUS CHRISTI Name PO BOX 9277 Address CORPUS CHRISTI.TX 78469-9277 Address(Con't) Nothing herein contained shall be held to vary,waive,alter,or extend any of the terms, conditions,agreements,or declarations of the undermentioned Policy other than as above stated. This endorsement shall take effect 03/25/2014 12:01 o'clock A.M ,standard time,at insured's address, and shall terminate simultaneously with this Policy,but shall not be valid unless countersigned by a duly authorized agent of the Company. Attached to and forming part of COMMERCIAL AUTO Policy No. 04-CA-002800493 J Issued to MAKO CONTRACTING LLC of CORPUS CHRISTI TX Countersigned at this day of Agent MA2539(0897) Pagel of1 . . . - • . , . ..• IiALCY®N .13.) 5710 MeArd[e Rd (..Orptt,Chr0i.Tx let 061).04-5472 f'" 00)P4.3:741 \poi 2. 2014 to: t Ity of Corpus(.1iristi Re 30 day notice of cancellation E talevon HR. Inc. maintains the workers' compensation insurance for Mako Contracting. LL( as part of our Service agreement. Halcyon HR.. Inc. is committed to providing Mako Contracting, 1..LC: with a written (30) day notice of cancellation in the event that it becomes necessary and will provide the City of Corpus Christi the same 001 d cancellation notice. Stneerely, s'ibre-4/ 1/041. /...' ? s. • Hp F- LAJfY®1N 7 SUBSCRIBER SERVICE AGREEMENT This Subscriber Service Agreement (the "Agreement") is made between MAKO CONTRACTING, LLC., a (S)(C)(Not-for-Profit) corporation LLC X Partnership ; Proprietorship -:, with its principle place of business located at 4833 Saratoga#496, CORPUS CHRISTI,TEXAS 78413 ("SUBSCRIBER")and HALCYON HR, Inc.,a Texas corporation(`HALCYON"). 1, Term Of This Agreement. This Agreement shall be from APRIL I I, 2013 (the "COMMENCEMENT DATE") and shall continue for a period of twelve (12) months, automatically renewing for the same twelve-month term at the end of each period unless either party gives written notice thirty (30) days prior to the end of each term, or unless terminated pursuant to the provisions of this Agreement. 2. Services. HALCYON and SUBSCRIBER shall co-employee the workers covered by this Agreement ("Covered Employees"). As used in this Agreement, the term Covered Employees shall refer solely to those Subscriber employees for whom SUBSCRIBER has timely submitted new hire paperwork (including the HALCYON Employment Agreement) and for whom HALCYON has acknowledged acceptance as co-employees in writing. 3. Payment For Services. HALCYON shall calculate the total gross employee earnings for the Covered Employees for each pay period, being the sum of the total gross assigned employee earnings multiplied by the service rate percentage as shown below and incorporated herein,plus any optional employee benefit program costs for employees assigned to SUBSCRIBER(including but not limited to: electronic transfers, dnig testing, pre-employment tests, physical, etc.) and present a statement therefore to SUBSCRIBER All sums not timely paid by SUBSCRIBER including payments returned for Insufficient Funds shall he subject to a 4%late fee penalty and shall bear interest at a rate of 1.5%per month. At HALCYOi4's option,the service rate percentage is subject to change because of increases or decreases in employment tax rates,worker's compensation insurance rates, FICA rates,or other rates and charges outside the control of HALCYON. Notice of such increases or decreases will be given by HALCYON to SUBSCRIBER. 3.1 The following percentages are the rates that shall be charged for the individual employees that fall under that certain job classification based upon worker's compensation codes. JOB CLASSIFICATION i CODE 1 PERCENTAGE CLERICAL 8810 — --- Win { 3.2 HALCYON offers Covered Employees various employee benefits according to the terms of the applicable Plan Documents. If SUBSCRIBER wishes to contribute to any employee benefits for the employees it leases from HALCYON, the following charges shall apply. EMPLOYEE BENEFITS PROGRAM $OR% PAID BY SUBSCRIBER . 4. f Payroll And Payment Schedule. The payroll schedule will be as follows: Payroll will be erictp4 _ Pay period ending date is on Payroll will begin and the first payroll will be Payroll time sheet will be turned in to HALCYON after period ending date. Payroll will be dated for each and delivery method by: HALCYON Cal Ovemite Fed Ex P/U Other . Payment to HALCYON by SUBSCRIBER will be by one of the following methods(please check one): _ SUBSCRIBER shall maintain a security deposit of and payment will be made by SUBSCRIBER with preauthorized ACH debit of SUBSCRIBER's bank account by HALCYON immediately after SUBSCRIBER receives invoice total and prior to payroll delivery. by SUBSCRIBER depositing a Company Check directly into HALCYON's current outgoing payroll account in use at the 1" Victoria Bank immediately after SUBSCRIBER receives invoice total and prior to payroll delivery. by SUBSCRIBER initiating an Electronic (wire) Transfer to the current outgoing payroll account in use at the 1 s' Victoria Bank immediately after SUBSCRIBER receives invoice total and prior to payroll delivery. by C.O.D. -SUBSCRIBER will pay the full amount upon delivery to the delivers service selected above. X by Pay-By-Phone-SUBSCRIBER authorizes HALCYON to initiate a check draft on SUBSCRIBERS account. 5. Duties Of HALCYON. HALCYON will perform the following services for the Covered Employees: 5.1 Designate one or more individuals at Subscriber's worksite to act as HALCYON's on-site supervisor(s) for the sole purpose of effectuating HALCYON's responsibilities under this Agreement. 'Be on-site supervisor's authority is limited in that the supervisor has only been given the authority to administer HALCYON's policies and make decisions relating to matters that are within the purview of this Agreement. 5.2 Process payroll payments in accordance with applicable laws and regulations based upon timely and accurately reported payroll data provided by Subscriber. HALCYON will also withhold,remit,and report employer federal,state and local mandatory payroll taxes and payments. such as income tax withholding, Social Security, Medicare, federal and state unemployment taxes. HALCYON shall also file all quarterly and annual reports required in conned Lion therewith. HALCYON will process deductions for Voluntary Employee Benefit programs, if any. 5.3 Maintain individual personnel files for all Covered Employees and issue W-2's and related reports. 5.4 Maintain workers' compensation insurance for only the Covered Employees. The extent of coverage under such policies shall be controlled by the applicable Plan Documents. 5.5 Administer unemployment compensation claims, including opposing unemployment claims when appropriate 5.6 Assist with the documentation requirements set forth in the Immigration Reform and Control Act of 1986 and provide filing assistance in connection therewith. 5.7 In connection with benefit plans sponsored by HALCYON, administer compliance with the Consolidated Omnibus Budget Reconciliation Act(COBRA)and make the required filings in connection therewith, if any. 5.8 Conduct orientations with Covered Employees explaining their co-employment status with HALCYON, describing the available benefits with HALCYON, presenting the HALCYON Employment Agreement for signature, and presenting all ot6er requisite employment paperwork. 2 5.9 To the extent requested by Subscriber, advise Subscriber regarding lawful employment practices in regard to interviewing, hiring, orienting, terminating, supervising, promoting, evaluating, compensating, disciplining, documenting, testing, training, and otherwise dealing with the Covered Employees. Such advice shall be provided as requested to designated management employees only. Subscriber shall not regard PEO's advice on any matter as legal advice, nor shall PEO provide legal advice 5.10 Provide assistance to Subscriber in providing a Drug Free Workplace Policy to comply with all controlling federal,state and local laws,regulations,ordinances,directives,and rules. 5.11 With Subscriber's cooperation, produce employee handbook policies and procedures and assist SUBSCRIBER in the implementation of these policies. 5.12 Comply with employment and other laws and regulations applicable to the operation of a Professional Employer Organization. 5.13 Undertake such other services as may be requested and agreed to in writing by SUBSCRIBER and HALCYON and upon agreement as to the compensation therefore. 6. Duties Of Subscriber. Subscriber shall have the following responsibilities in regard to the Covered Employees: 6.1 Timely report to HALCYON accurate regular and overtime hours worked,exempt/non-exempt status, and wage rates for the Covered Employees. Subscriber shall verify the accuracy of same as well as the totals on the statement/printout furnished to SUBSCRIBER, and within thirty (30) days of the statement date notify HALCYON of any errors in charges to SUBSCRIBER. SUBSCRIBER assumes all liability for the accuracy of the hours, pay rate, workers compensation class, employee class,and classification of hours reported to HALCYON by the SUBSCRIBER. 6.2 Pay HALCYON's fees immediately upon presentment of HALCYON's statement for services rendered. 6.3 Return to HALCYON at the end of each pay period original time records reflecting time worked by the Covered Employees. 6.4 Oversee all aspects of the operation of Subscriber's business, including, but not limited to the production and delivery of services and products,product design,accounting,cash control,and loss/breakage/theft prevention. 6.5 Provide HALCYON with accurate written job description changes for worker's compensation rate purposes and promptly report by phone any and all accidents, injuries, and claims to, by or concerning the Covered Employees. If not an emergency,send injured Covered Employees to the HALCYON designated medical provider. 6.6 Comply with federal, state and local laws governing employment, including but not limited to the Civil Rights Acts of 1866, 1964 (including Title VII), and 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act(ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act(FLSA), the Worker Adjustment and Retraining Notification Act(WARN). the National Labor Relations Act(NLRA) the Equal Pay Act, the Vietnam Era Veteran's Readjustment Assistance Act, the Fair Credit Reporting Act(FCRA).the Employee Polygraph Protection Act,the Immigration Reform and Control Act(IRCA),the Older Workers Benefits Protection Act(OWBPA), the Occupational Health and Safety Act(OSHA).the Uniformed Services Employment and Reemployment Rights Act(USERRA),and all other state(including any and all states within the United States) and federal laws governing the employment relationship, including but not limited to. such laws governing discri nination in the workplace(collectively.the"State and Federal Employment Laws"). 6.7 At Subscriber's sole cost and expense, comply with all federal, state and local health and safety laws, it regulations, ordinances, directives and rules relating to workplace, including the provision of appropriate and required personal protective equipment. If Subscriber is cited by any authorized agency for noncompliance in regards to the aforementioned,Subscriber shall bear full the cost and responsibility for any tines,expenses,or loss associated. Subscriber shall provide HALCYON and Covered Employees with a complete list of hazardous materials that the Covered Employees may come into contact with and make available handling/treatment guidelines for same. Allow applicable insurance carriers and HALCYON to inspect SUBSCRIBER's work areas and job sites. Subscriber shall cease, modify, change, or repair any work practice or premises defect that the insurance carrier or HALCYON deems to he hazardous to the Covered Employees or not in good practice and/or a violation of any law or regulation. • 6.8 Retain sole responsibility for issues involving confidential information, the handling of cash, securities, or valuable property,and other matters arising in connection with the leased employee-subscriber relationship and to furnish HALCYON copies of any written policies or procedures now or hereafter promulgated or followed by SUBSCRIBER in connection with the above and to discharge and indemnify HALCYON with respect to any liability therefrom. 6.9 Comply with requirements pertaining to government contractors pursuant to federal, state, county or local laws, regulations. and ordinances, including but not limited to compliance with Executive Order 11246, the Walsh-Healey Public Contracts Act,the Davis Bacon Act,and the Service Contract Act of 1965. Subscriber shall also file reports required of any business in the SUBSCRIBER's industry with the exception of payroll tax reports associated with the Covered Employees. 6.10 Comply with laws governing the Subscriber's business, including but not limited to required filings, licensing, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any worksite employee is required to be licensed,registered or certified under any federal, state, or municipal law or regulation,or to act under the supervision of such a licensed, registered or certified person or entity in performing the employee services, then any such worksite employee shall be deemed to be an employee of Subscriber for such licensure purposes. Subscriber shall be solely responsible for verifying such licensure and/or providing the required supervision. 6.11 At Subscriber's sole expense. make reasonable accommodation(s)that may be required by the ADA or any similar federal or state laws and regulations. including providing light duty positions for early return to work after injury or illness 6.12 File written discipline reports and promptly report to and consult with HALCYON with regard to any problems or concerns with Covered Employees as to performance and/or any special needs of SUBSCRIBER. 6.13 Act in accordance with all Covered Employees having at-will status in their employment with PEO, regardless of any contractual arrangement between Subscriber and the Covered Employees. Subscriber understands that the HALCYON is not bound by any contract between Subscriber and a Covered Employee requiring cause for termination of employment. Upon termination of this Agreement for any reason, or upon Subscriber's failure either to provide payroll data as required herein or to timely pay as required herein, all Covered Employees shall automatically revert to sole employment by Subscriber retroactive to the last date HALCYON was paid by Subscriber for HALCYON's services. 6.14 To the extent requested by HALCYON, submit all new hires for physical examinations, and/or drug screening,and background investigations,subject to legal restrictions governing such exams,tests,and inquiries. 6.15 Pay the employee portion of Voluntary Employee Benefit programs should employee go on leave of absence for FMLA,CFRA,Disability,or PDL. 6.16 Respond in a timely and accurate fashion to requests from HALCYON for records and data necessary for HALCYON to perform its services. Upon receipt Subscriber shall immediately send HALCYON copies of demands, notices, claims, summons and other legal papers related to the Covered Employees Subscriber shall cooperate with HALCYON in the investigation, remediation,settlement,and defense of legal claims related to the Covered Employees. 6.17 Provide all notices required by WARN. Subscriber will also provide HALCYON with no less than sixty- two(62)days'notice of any layoff or plant closing that may immediately or in the future require the provision of notice under WARN 6.18 Recruit and select competent workers in order for Subscriber to safely and lawfully conduct its business. • 6.19 Sufficiently supervise, direct, and control the Covered Employees in order for Subscriber to safely and lawfully conduct its business. 6.20 Accept obligations and costs associated with compliance with the Family and Medical Leave Act (FMLA) and similar state and local laws, including but not limited to the cost of reinstating or finding replacement employment and the cost of continuing benefits during FMLA leave. Subscriber agrees that it is the primary employer and that it will be the successor employer upon termination of this Agreement for purposes of FMLA compliance. 6.21 Other than required payroll withholding taxes, timely pay and report all taxes and governmental fees (including environmental fees required by the California Health and Safety Code). 4 • 6.22 Administer, fund, and accurately determine eligibility for paid prerequisites, including but not limited to vacation, sick leave, other paid time off, profit sharing, deferred compensation, bonuses, severance payments, stock options/grants/warrants,commissions, and other incentive payments. Although said payments should be made through HALCYON's payroll in order to ensure proper reporting and remittance of taxes, HALCYON takes no responsibility for the administration or funding of said paid perquisites payments. 6.23 Without regard to the fault or negligence of any party. SUBSCRIBER hereby unconditionally indemnifies, holds harmless, protects and defends HALCYON, and all subsidiary, affiliate, related, and parent companies, their current and/or former respective shareholders, non-worksite employees, attorneys, officers, directors, aeents and representatives (all indemnified parties referred to as "HALCYON Indemnified Parties")from and against any and all claims, demands, damages(including liquidated, punitive and compensatory), injuries,deaths, actions and causes of actions, costs and expenses(including attorney's fees and expenses at all levels of proceedings), losses and liabilities of whatever nature(including liability to third parties),and all other consequences of any sort,whether known or unknown, without limit and without regard to the cause or causes thereof or the negligence of HALCYON or any HALCYON Indemnified Party, that may be asserted or brought against any HALCYON Indemnified Party which is in any way related to this Agreement,the products or services provided by SUBSCRIBER or by HALCYON,the actions of any leased employee, the actions of any non-leased employee employed by SUBSCRIBER, or of any other individual, including without limitation, any violation of any local.state and/or federal law, regulation.ordinance,directive or rule whatsoever,and all employment-related matters which shall include but not be limited to all matters arising under local,state and/or federal right-to-know laws,environmental laws,all laws within the jurisdiction of the NLRB, OSHA, and EEOC, including Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act (including without limitation those aspects relating to employment, public access and public accommodation), the WARN Act, ERISA, all laws governing wages and hours (including without limitation: prevailing wage rate; exempt and non-exempt status;child labor;and minimum wage and overtime matters),all laws governing race,sex,sexual harassment, retaliation, religion, national origin, color. age, veteran status, disability, and marital status, all laws governing disclosed and undisclosed benefit plans,and all other labor laws. All indemnifications are and shall be deemed to be contractual in nature and shall survive the termination or expiration of this Agreement. 6.24 Provide worker's compensation insurance, employment practices liability insurance and general liability insurance for SUBSCRIBER's employees, each policy with a minimum limit of liability not less than one million ($1,000,000.00) dollars per occurrence. SUBSCRIBER shall administer claims and handle all filings in connection therewith. If any of SUBSCRIBER's employees will occasionally or regularly operate a vehicle owned or otherwise of any kind for SUBSCRIBER, SUBSCRIBER shall furnish liability insurance therefore against liability for bodily injury and property damage and against uninsured motorists, each with a minimum limit of liability not less than one million ($1,000,000.00) dollars. Such policies shall also include blanket collateral liability and personal injury' liability coverage. Such vehicle or automobile insurance policies shall include non- owned and hired automobile insurance and SUBSCRIBER will discharge and indemnify HALCYON with respect to any liability therefrom. SUBSCRIBER agrees,at its own expense,to include HALCYON as an additional named insured on all of SUBSCRIBER's insurance policies, including without limitation, professional liability policies and fidelity bonds. SUBSCRIBER shall, at the request of HALCYON, deliver to HALCYON a certificate evidencing such insurance and the agreement(s) of the insurer(s) that such insurance may not be cancelled without twenty(30)days prior notice to HALCYON. Any protection against the dishonest or criminal conduct or misappropriation of any funds engaged in by any employee maintained hereunder, such as fidelity' bonding, shall be at SUBSCRIBER's expense. All insurance policies shall waive SUBSCRIBER's subrogation rights in favor of HALCYON. SUBSCRIBER's obligations under this Section shall survive termination of this Agreement. HALCYON retains the right to perform the functions itemized in Unemployment Insurance Code Section 606.5. 7. Representations And Warranties. Subscriber warrants and represents that: 7.1 It will not violate any applicable federal, state or local law, ordinance or regulation pertaining to the terms and conditions of services to be provided under this Agreement and that it has not engaged in any such violations prior to entering into this Agreement. 7.2 It has provided accurate and timely information to HALCYON, including a complete list of all employees that will or may become Assigned Employees. 7.3 Except as otherwise disclosed to HALCYON in writing,(a)none of Subscriber's employees are represented by a union; (b) there are no pending, actual or anticipated employee charges, lawsuits or investigations, pending governmental investigations, actual or anticipated administrative investigations, enforcements or lawsuits relating to employees, the working conditions of the employees, the products or services produced or provided by employees or any other matters affecting the 5 • • performance of HALCYON under this Agreement; and (c) all hazardous materials, if any. on Subscriber's premises are maintained, stored and disposed of in accordance with applicable laws, regulations,rules and ordinances. 7.4 Entering into this Agreement does not conflict with or violate any other agreements Subscriber may have with any other third party. 7 5 Subscriber warrants and represents that it has furnished to HALCYON accurate information concerning the Subscriber's ownership structure. Subscriber must promptly notify HALCYON of any changes in its ownership structure. 8. General Provisions. 8.1 Entire Agreement. This Agreement is the entire agreement between parties with respect to the subject matter and supersedes any prior written, oral or other agreement between parties. SUBSCRIBER acknowledges that it has not been induced to enter into this Agreement by any representation or warranty not set forth in this Agreement, including but not limited to any statement made by any marketing agent of HALCYON. SUBSCRIBER acknowledges that HALCYON has made no representation concerning whether HALCYON's services will improve the performance of SUBSCRIBER'S business. 8.2 Modification. This Agreement may not he altered except by written agreement duly executed by SUBSCRIBER and by HALCYON. 8.3 Termination. Either party may terminate this Agreement upon serving 30 days written notice upon the non- terminating party for any reason. HALCYON may terminate this Agreement immediately, without prior written notice, upon SUBSCRIBER's failure to doing, as determined by HALCYON in HALCYON's sole discretion,any one of the following: (i)failure to pay any invoice when due;(ii)failure to comply within thirty(30)days of any directive of HALCYON,when such directive is made to comply with (a)a federal, state or local governmental body, department or agency, or (b)a directive by an insurance carrier providing coverage to HALCYON and/or its employees; (iii)making a direct payment of taxable wages by SUBSCRIBER to any employee covered under this Agreement for services contemplated by this Agreement;(iv) performing any act that usurps any legal or contractual right or obligation of HALCYON as an employer of the employees covered by this Agreement; (v)threatening or filing by or against SUSCRIBER for bankruptcy,reorganization or appointment of a receiver, supervisor,assignee, or liquidator over its assets or property; (vi)a money judgment against SUBSCRIBER which remains unsatisfied for more than thirty(30)days and has not been appealed; and/or (vii)HALCYON determines, in its sole discretion, that SUBSCRIBER is insolvent or a credit risk. In addition to any other amounts that HALCYON is or may be entitled to, HALCYON is also entitled to collect interest at the maximum rate permitted under the law on any unpaid invoice or partial amounts not paid when due. In the event that this Agreement is terminated,SUBSCRIBER agrees to secure replacement health insurance coverage for the benefit of the employees who continue their employment with SUBSCRIBER. In the event that SUBSCRIBER fails to secure such replacement coverage for the employees and some or all of the employees elect to continue their health insurance coverage with HALCYON, HALCYON shall be entitled to receive liquidated damages in the amount of S500 per employee that elects to continue his or her health insurance coverage with HALCYON under COBRA. The parties agree that this amount is reasonable and the actual damages are difficult to ascertain as neither party has the right to control whether an employee elects such continuation coverage under COBRA, nor limit the period for which the employee can continue such coverage. 8.4 Successors. The provisions of this Agreement shall he binding upon and shall inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives,successors and assigns. 8.5 Counterparts. This Agreement may be executed in several counterparts each of which shall be deemed an original and such counterparts shall together constitute but one of the same agreement binding upon all the parties hereto, notwithstanding that all the parties are not signatories to the original of the same counterpart. 8.6 Headings. The headings of the paragraphs of this Agreement are inserted solely for the convenience of reference and in no way define, limit, extend or aid in the construction of the scope, extent or intent of this Agreement or of any term or provision thereof. 8.7 Severability. In the event that any provision contained in this Agreement is held unenforceable by a court of competent jurisdiction the remaining provisions continue,and in the event that portion of any provision is held unenforceable, then the remaining portion of such provision shall nevertheless be carried into effect. 6 8.8 Choices of Law and Forum. This Agreement shall be constructed in accordance with the laws of the State of Texas. Any action to redress any disagreements,determine the rights of the parties,or otherwise enforce or consider this Agreement shall be brought in any court of competent jurisdiction within Bexar County.Texas. 8.9 Waiver. The failure of a party to enforce at any time the provisions of this Agreement shall not be construed as a waiver of any provision or of the right of such party thereafter to enforce each and every provision of this Agreement. 8.10 Assignment. This Agreement constitutes a contract and SUBSCRIBER shall not transfer or assign this Agreement or any part thereof without the written consent of HALCYON, which consent shall not be unreasonably withheld. It is expressly understood and agreed between the parties hereto that this Agreement may be assigned by HALCYON at its sole discretion. 8.11 Notices. Any notice, request, change of address, demand or other communication required or permitted hereunder shall be deemed properly given when deposited in the United States Postal Service, as certified mail, return receipt requested,postage prepaid,or when deposit with a public telegraph transmittal prepaid and addressed to the respective parties below. 8.12 Mediation/Arbitration. Except for claims for non-payment of fees under this Agreement and claims for injunctive relief, in the event of any claim, dispute or controversy arising out of or relating to the interpretation, performance and/or breach of this Agreement, the parties agree that any claim, dispute and/or controversy which would otherwise require or allow the parties to resort to any court or other governmental dispute resolution forum between Subscriber and HALCYON, whether based on tort.contract,statutory or equitable law,or otherwise,shall be submitted to and determined first by mediation,and then if not resolved, determined exclusively by binding arbitration. The Texas Civil Procedure and Evidence shall apply to any such proceeding, and the arbitrator shall be a retired Federal or Texas Superior court Judge. To the extent applicable in Texas civil actions,the following shall apply and be observed: all rules of pleading(including the right to file a demurrer and motion to strike),all rules of evidence,all rights to resolution of the dispute by means of motions for summary judgment, summary adjudication, and judgment on the pleadings. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pled,and the arbitrator may not invoke any basis other than such controlling law. Awards exceeding Fifty Thousand Dollars($50,000.00)shall include the arbitrator's written opinion providing reasoned explanations for the decision, and at either party's written request within ten days after issuance of the award, shall be subject to reversal and remand, modification, or reduction following review of the record and arguments of the parties by a second arbitrator who shall,as far as practicable, proceed according to the law and procedures applicable to appellate review by the Texas courts of appeal regarding a civil judgment following court trial. 8.13 Attorney Fees and Costs If legal action or other proceeding including an arbitration proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with the provisions hereof, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding,including collection agency fees and costs, from the unsuccessful party in addition to any other relief that may be entitled. 8.14 Force Majeure. Should any matter or condition beyond the normal control of either party hereto, such as war, public emergency or calamity, earthquake, flood, Act of God, strike or any labor disturbance, prevent performance of this Agreement in accordance with the provisions thereof, this Agreement, together with the rights and privileges granted herein, shall immediately be terminated and the parties shall be under no legal obligation to the other by reason of said termination. 815 No Construction Against Drafter. HALCYON has prepared this Agreement and provided it to SUBSCRIBER for SUBSCRIBER's review. SUBSCRIBER has either retained counsel or had the opportunity to do so to review this Agreement With respect to any dispute concerning the meaning of this Agreement, this Agreement shall be interpreted as a whole with reference to its relevant provisions and in accordance with its fair meaning, and no part of this Agreement shall be construed against HALCYON on the basis that HALCYON drafted it. This Agreement shall be viewed as if prepared jointly by HALCYON and SUBSCRIBER. 8.16 Authority Of Signatories This Agreement shall be valid and enforceable only upon signature by an authorized Controlling Person of HALCYON. Any individual signing this Agreement on behalf of SUBSCRIBER represents, warrants and guarantees that she or he has full authority to do so. Each party represents that it has the power and actual authority to enter into this Agreement and to be bound by the conditions and terms contained therein. 8.17 False Or Omitted Information. Any false statement or omission with regard to any information supplied by SUBSCRIBER to HALCYON in anticipation of SUBSCRIBER's contracting with HALCYON or at any other time shall be deemed a material breach of this Agreement and HALCYON,at its option,may terminate this Agreement and seek appropriate relief. 7 • 8 18 .11.et$INpatnIndw jcr4l Rig St 1 PT fit..R ,h.kilowl-r_4.11..,e-s aerce'.; that If. l.(71'0 not enfaza to the practice of law or the proviFirm of.k cc and that .;t..iFtSt-11',1f1F,R. C p lett 1% arid iodepecuierttiv rcsp(tn*:thye fo its oki.n legal rights and oblfgalion 8 19 To„..p,..f2A17,411acr).. JJf 40,R,cp.41fix, i,:-,r)ed hy the Texas tieriartiroi( o Efl5tfl and Regulation i Stitt Serwe. If you tivie 410. wire:sob ed complaints concerning lialcyou HR. ifte Of if vow have an que■AMRS cencerning the regulation nt staff k;Wog strot5 “iti may contact the TDLR S t Texas Departmeet at Licensing and ReguIatioo, C.O. Box I t Austin, 1 X "8111. rni,k teleobeAte number is(.5.12) 40-6599 or Toll tree(tri'retool 800-803-92.02. Thi) Agmert duly executed id ports tt:c SUR:Si'Plan: ■;Al C'vON. this [Th. kid) of :AeRft. ,20i fiAti.."i'ON I tR. Siprd "41 Prnt VW' K/24.1,6*.f Telt: e-- ; A DIIIIRSS , "/ AN)Ri FEIN ,&1717906 GUARANTY AGREEMENT The undersigned("Guarantor")guarantees to HALCYON the payment of all sums due and payable,and all obligations under the Subscriber Service Agreement. This is a continuing guaranty and will remain in force until revoked by Guarantor by giving notice in writing to HALCYON. Revocation will be etTective only as to obligations incurred after receipt of such notice of revocation. Signed by: Date: Print Name: 4 �cr - SS#: Address: Si 0 Ovhiih DL#: City,St.,Zip: _ . T ?2f// • 10 Loss History Authorization I hereby authorize Halcyon HR,Inc. to request and receive insurance Loss History information on my behalf. I understand that this information is necessary for the acquisition of insurance(s)and will cooperate with Halcyon in any way necessary so that Loss History can be obtained in a timely manner. Company Name: YI1c 0 ^4"racc-,.1 Signed: Print Name: 6,k ()o r"ia-ti Title: 1),-°31` ADDRESS: V133 Sa6-4ckCS 4frft CITY.STATE,LIP: Z.e • r7r. -7)4745/5 ___ 11