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HomeMy WebLinkAboutC2018-347 - 1/30/2018 - Approved • 2018-347 1/30/18 Ord. 031353 Mako Contracting LLC 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 30,2018, is between the City of Corpus Christi (Owner)and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Dr. Hector P.Garcia Park Hike&Bike Trail E15142 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development,LLC 9510 Leopard Street Corpus Christi,Texas,78410 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.Its Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 60 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 00 52 23-1 Dr. Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06.22•2616 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF DR. HECTOR P. GARCIA PARK HIKE & BIKE TRAIL CITY PROJECT: ( E15142) CSJ : 0916-35-201 9/22/2017 i 5�P F'r'91 - 0 MARCOS YBARRA �.�. .....10Q196.... .��� City Of w Corpus Christi GOVIND DEVELOPMENT, LLC TBPE Firm No. 10101 9510 Leopard, Corpus Christi, TX (361)241-2777 Record Drawing Number: CP 213 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Rev o1-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience (Rev06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for TxDOT 00 74 01 Required Contract Provisions Federal-Aid Construction Contracts (FHWA-1273) 00 74 02 Child Support Statement 00 74 03 Disclosure of Lobbying Activities 00 74 04 Debarment Certification 00 74 05 Certification of Non-Collusion Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination Table of Contents 000100- 1 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 Division/ Title Section 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 34 01 Buy American Provisions (ARRA) 01 34 02 Buy American Certification (ARRA) 01 34 03 Buy American Provisions (TWDB) 01 34 04 Buy American Certification (TWDB) 01 35 00 Special Procedures 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications-NONE Part T Technical Specifications Texas Department of Transportation "2014 Edition—STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES" 1L Abbreviations and Definitions 2L Instructions to Bidders 3L Award and Execution of Contract 4L Scope of Work 5L Control of the Work 6L Control of Materials 7L Legal Relations and Responsibilities 8L Prosecution and Progress 9L Measurement and Payment 100 Preparing Right of Way 104 Removing Concrete 132 Embankment Table of Contents 000100-2 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 Division/ Title Section 132-002 Embankment(Special Provision) 134 Backfilling Pavement Edges 164 Seeding for Erosion Control 168 Vegetative Watering 247 Flexible Base 310 Prime Coat 340 Dense-Graded Hot Mix Asphalt (Small Quantity) 360 Concrete Pavement 500 Mobilization 506 Temporary Erosion, Sedimentation, and Environmental Controls 506-003 Temporary Erosion, Sedimentation, and Environmental Controls (Special Provision) 531 Sidewalks 654 Sign Walkways 3031 Geogrid Base Reinforcement END OF SECTION Table of Contents 000100-3 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 Division 00 Procurement and Contracting Requirements 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Name of Protect: Dr. Hector P.Garcia Park Hike& Bike Trail Owner's Protect Identification No.: E15142 • Construct 3200 LF of Asphalt Trail. • Install a total of 4 Timber Kiosks with Concrete Pad. • Install new trail guide signs along new trail. • Federally funded project through Texas Department of Transportation (TxDOT). • To be constructed within the vicinity of an abandoned landfill. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$310,000. The Project is to be substantially complete and ready for operation within 60 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than October 25,2017 Wednesday at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Invitation to Bid and Instructions to Bidders 002113- 1 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - Dr. Hector P.Garcia Park Hike& Bike Trail, Project No. E15142 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at October 25,2017 Wednesday at 2:00pm, at the following location: City Hall Building— City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A pre-bid conference is not required for this Project. 4.02 A non-mandatory pre-bid conference for the Project will be held on October 17, 2017 Tuesday at 9:30am at the following location: City Hall Building Third Floor Parks and Recreation Smart Board Conference Room 1201 Leopard Street, Corpus Christi,Texas 78401 Invitation to Bid and Instructions to Bidders 002113-2 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: • Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. • Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. • Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. • Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. • Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. Invitation to Bid and Instructions to Bidders 002113-3 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Invitation to Bid and Instructions to Bidders 002113-4 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. Invitation to Bid and Instructions to Bidders 002113-5 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest Invitation to Bid and Instructions to Bidders 002113-6 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Invitation to Bid and Instructions to Bidders 002113-7 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING ARTICLE 21- 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. Invitation to Bid and Instructions to Bidders 002113-8 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. Invitation to Bid and Instructions to Bidders 002113-9 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk (All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required ■ Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required Not Required Insurance Requirements 00 72 01- 1 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01-4 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01-8 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01-9 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 Dr. Hector P. Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 00 91 01 ADDENDUM NUMBER 1 Project: Dr. Hector P.Garcia Park Hike& Bike Trail Project Number: Owner: City of Corpus Christi 14PIti E15142 City \ Engineer: J.H. Edmonds, P.E. 1 Designer: Marcos Ybarra, P.E., ovind Development, LLC Addendum No. 1 Specification Section: 009101 Issue Date: October 19,2017 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: Marcos Ybarra, P.E. October 19, 2017 ����` 10/19/17 Nome Date �y oF,r0�Ili * '• *'�/ Addendum Items: * , FRONT END DOCUMENTS MAflCOSY3ARRA SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS gyp. 100196 :W4 L TO BIDDERS(ATTACHMENT 1) Revised ARTICLE 16 CLARIFICATION OF QUESTIONS Govind Development, LLC, F-10101 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS: DELETE: SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS in its entirety. ADD: SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS in its entirety(Attachment 1). Addendum No. 1 009101-1 CORONA DR.—FLYNN TO EVERHART(Bond 2014) E13091 Rev 01-13-2016 ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. NOT USED ARTICLE 3 - MODIFICATIONS TO THE DRAWINGS NOT USED ARTICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question: "During a field visit it was observed that water was standing after a recent rain event. Is there any work on project to handle drainage?" Answer: "Storm water improvements are not part of this prosect. See SECTION 0157 00 TEMPORARY CONTROLS (1.10 MANAGEMENT OF WATER)for handling of storm water during construction." END OF ADDENDUM NO. 1 Addendum No. 1 00 9101- 2 CORONA DR.—FLYNN TO EVERHART(Bond 2014) E13091 Rev 01-13-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Name of Protect: Dr. Hector P.Garcia Park Hike& Bike Trail Owner's Protect Identification No.: E15142 • Construct 3200 LF of Asphalt Trail. • Install a total of 4 Timber Kiosks with Concrete Pad. • Install new trail guide signs along new trail. • Federally funded project through Texas Department of Transportation (TxDOT). • To be constructed within the vicinity of an abandoned landfill. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $310,000. The Project is to be substantially complete and ready for operation within 60 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than October 25,2017 Wednesday at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. ADDENDUM NO. 1 ATTACHMENT NO. 1 Invitation to Bid and Instructions to Bidders SHEET 1 OF 10 002113- 1 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - Dr. Hector P.Garcia Park Hike& Bike Trail, Project No. E15142 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at October 25,2017 Wednesday at 2:00pm, at the following location: City Hall Building— City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A pre-bid conference is not required for this Project. 4.02 A non-mandatory pre-bid conference for the Project will be held on October 17, 2017 Tuesday at 9:30am at the following location: City Hall Building Third Floor Parks and Recreation Smart Board Conference Room 1201 Leopard Street, Corpus Christi,Texas 78401 ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-2 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 2 OF 10 Rev 01-13-2016 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: • Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. • Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. • Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. • Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. • Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-3 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 3 OF 10 Rev 01-13-2016 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-4 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 4 OF 10 Rev 01-13-2016 Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-5 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 5 OF 10 Rev 01-13-2016 ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-6 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 6 OF 10 Rev 01-13-2016 in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Disadvantaged Business Enterprise participation goal for this Project has been established to be 0%. 16.03 DELETED ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113-7 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 7 OF 10 Rev 01-13-2016 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING ARTICLE 21- 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. Invitation to Bid and Instructions to Bidders ADDENDUM NO. 1ATTACHMENT NO1 002113-8 . Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 01-13-2016 SHEET 8 OF 10 H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce, equipment and Invitation to Bid and Instructions to Bidders ADDENDUM NO. 1 002113-9 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 ATTACHMENT NO. 1 Rev 01-13-2016 SHEET 9 OF 10 supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION ADDENDUM NO. 1 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113- 10 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 SHEET 10 OF 10 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications,and Contract Documents,this Bid Proposal is submitted by 1 aka C4P V%�rA C.4-I'n5 (type or print name of company) on: October 25,2017 Wednesday at 2:00pm for Dr. Hector P.Garcia Park Hike& Bike Trail E15142. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com, If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid- Dr. Hector P.Garcia Park Hike&Bike Trail, Project No. E15142 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt /a//9�/7 Bid Acknowledgement Form 003000- 1 Dr. Hector P.Garcia Park Hike&Bike Trail E15142 Rev 01-13-2016 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: L Bidder: A O C->no�e- a't4v,1 (typed orprintedfulVegal name of Bidder) By: (individual's signature) Name: Litit, jt��cr (typed or printed) Title: �•�,p— (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. tr 2120 p 6' Address for giving notices: 3476 -r Gj/r, ,r•�cl�c 5�.•;k j3l S3 i GG. Phone: 36156/-462-W Email: h @ ywy ka G.rn d)#-1e-d'.Is .copbk (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) Bid Acknowledgement Form 003000-5 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of []/Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: �'y?g,�, t�,�y�-��y (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: �ryr .- Business address: X G/s r..�..rg S��'Jlc_ �►IS3 Phone: 3�15'�/, d'ift Email: Q rU&fw CL END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCITY— PURCHASING DIVISION CITY OF CORPUS CHRISTI City of H cDISCLOSURE OF INTEREST Ch°�'nsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: 1936 X C t r r*,*A 100153 CITY: C. C'. ZIP: - FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. AssociationT 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) IVA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title Af A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 144 4 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the Subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 0030 05-1 Disclosure of Interest Rev 01.13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the publicin general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: 4 r5l-o6wd aCW40^r% Title: crym of Prim) Signature of Certifying �---' '� Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic.gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official:' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant"Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of interest Rev 01-U-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: / fc%- (typed or printed) By: (signature--attach evidence of authority to sign) Name: 4 lArK. t (typed or printed) Title: &.-'(_, Business address: _30C J: Phone: &/--rV-Ojri' Email: 9�Q �.�, ( , G,, END OF SECTION Non-Collusion Certification 00 30 06-1 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 11-25-2013 00 30 01 BID FORM Project Name: DR. HECTOR P. GARCIA PARK HIKE & BIKE TRAIL Project Number: E15142 Owner: City of Corpus Christi Bidder: Mako Contracting OAR: TBD Designer: Govind Development, LLC Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization L5 1 $ 3,500.00 $ 3,500.00 A2 Bonds and Insurance L5 1 $ 7,500.00 $ 7,500.00 A3 Ozone Days EA 2 $ 1,800.00 $ 3,600.00 A4 Storm Water Pollution Prevention Plan During Constructi LS 1 $ 400.00 $ 400.00 A5 Sedimentation Control Fence Install and Remove LF 5800 $ 4.20 $ 24,360.00 A6 Seeding for Erosion Control SY 2800 $ 1.25 $ 3,500.00 A7 Vegetative Watering MG 210 $ 20.00 $ 4,200.00 SUBTOTAL PART A-GENERAL(Items Al thru A7) $ 47,060.00 Part B-Hike and Bike Improvements(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Site Clearing and Stripping AC 2 $11,287.20 $ 22,574.40 B2 8"Compacted Subgrade SY 4890 $ 1.08 $ 5,281.20 133 Tensar TX-5 Geogrid SY 4190 $ 4.86 $ 20,363.40 134 4" Flexible Base(Compacted in Place) (TY A GRI-2) SY 4540 $ 11.64 $ 52,845.60 135 Prime Coat(MC-30) GAL 650 $ 4.03 $ 2,619.50 B6 1.5"TY D HMAC SY 3490 $ 18.40 $ 64,216.00 B7 Backfill Trail Edges (TY A) STA 32 $ 240.00 $ 7,680.00 B8 4"Concrete Sidewalk SF 135 $ 6.00 $ 810.00 B9 Reinforced Concrete Pad EA 4 $10,229.00 $ 40,916.00 B10 Demolition of Concrete Pad SF 150 $ 4.67 $ 700.50 B11 Signage Kiosk With ]zone Signs EA 4 $ 6,000.00 $ 24,000.00 B12 Directional Trail Signs(Izone) EA 4 $ 2,400.00 $ 9,600.00 613 Construction Fence LF 200 $ 7.20 $ 1,440.00 B14 limprovements L5 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART B-Hike and Bike Improvements(Items B3 thru B14) $ 258,046.60 Bid Form Page 1 of 2 Dr.Hector P.Garcia Park Hike Bike Trail E15142 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A7) $ 47,060.00 SUBTOTAL PART B- HIKE AND BIKE IMPROVEMENTS (Items 61 thru B14) $ 258,046.60 TOTAL PROJECT BASE BID (PART A THRU B) $ 305,106.60 Contract Times Bidder agrees to reach Substantial Completion in 60 days Bidder agrees to reach Final Completion in 90 days Bid Form Page 2 of 2 Dr. Hector P.Garcia Park Hike Bike Trail E15142 Rev 01-13-2015 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Mako Contracting, LLC as Principal hereinafter called the Principal,and Texas Bonding Com anv a corporation created and existing under the laws of the State of CA whose principal office is in Plano,TX as Surety,hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars (S5% GAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents Whereas,the Principal has submitted a bid for Dr. Hector Garcia Hike & Bike Trails NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 25th day of October, 2017 Mako Contractinz. LLC (Pr' ) By (SEAL) Texas Bonding Comnanv (Surety) ... By (SFAI istie Beck Attorney-in-fact POWER OF ATTORNEY _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively, the"Companies"),do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beck, Robert G.Kanuth or Jarrett Willson of Rockwall,Texas its true and lawfiil Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with £lilt 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 (S **10,000,000.00**}. This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-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 ofattomey or certificate bearing facsimile signature or facsimile seal shall he 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 I st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY — .,SihGrORg � a�E95U }y� `Ot°4SN-SCP^. ywt lnauA� .ruwrormm x ,A ;3 w Z w a By. .. _W' scn,n,ne n Daniel P.Aguilar Vice President 2sa•. r.o�. Z .2.: aj...,- he r O'FYYti,�``� '�'unrumn^` rtary public or other officer completing this certificate verifies only the identity of the individual who signed the ment to tivhich this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State-of Cali fornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGEHS7EIH Commission;r 2129256 Signature (Seal) '+� Notary Public-Calilornla Los AngelesCounty hlComm.Exolres Har 3,2011 I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attomey are in full force and effect. in Witness W ereof,I have here nto set my hand and affixed the seals of said Companies at Los Angeles,California this day of Corporate Seals ,""0.Acro' ssUgFN =SMS-• R`If6 .,�P��•$, lh `. O� mi Kio Lo,Assistant Secretary Bond No. Agency No. 170$2 caiia`*,, '`, �.: '"TF� .Y�*s YIYY,I.GnV flu isY it IYIY,YY,,,C'' i I Kantpy`Ko Kt ( Kan't Kopy`Kt j Security Paper Security Paper ' i Hidden Pantograph Hidden Pantograph i ' • Color Match j Color Match i Artificial Watermark Artificial Watermark Anti-Copy Coin Rub i Anti-Copy Coin Rub i Erasure Protection Erasure Protection • Security Features Box j • Security Features Box • Microprint Protection i • Microprint Protection Acid Free Acid Free Kan't Ko y-Kt 3 Kan't Kept'K' i SecurityPaper i f Security Paper ! 1I • Hidden Pantograph { Hidden Pantograph • Color Match Color Match i i • Artificial watermark Artificial Watermark • Anti-Copy Coin Rub , • Arai-Copy Coin Rub f • EraSum Protection Erasum Protection • Security Features Box ! j • Security Features Box' i • Micmpdm Protection • Microprint Protection I • Acid Free ( Acid Free Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I Mcfko CahyrwcJS:A Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years? List Citations below (date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. .ti'0 Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years? List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any,and the penalty assessed. A^0 Has the Bidder,within the past ten(10)years,been convicted of a criminal offense or been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. /V%7 The Owner will consider the following information as additional supportto make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? *,Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? a- es ❑ No 3 Does the Bidder have an active construction safety training program? es ❑ No 4 Does the Bidder,or affected subcontractor,have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ar N/A B. Excavation ❑ Yes ❑ No eN/A C. Cranes&Hoists ❑ Yes ❑ No N/A D. Electrical ❑ Yes ❑ No efN/A Statement of Experience 00 45 16-10 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 ARTICLE 5-CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: ( ed or printed) By: (individual's signature) Name: (typed or printed) Title: �,?--- `T (typed or printed) Designated Representative: / Name: -n , Title: Address: �( Sic R /S? Telephone No.: 36/_S6/- 6,2" Email: Qq- VktikoGo�ar« ` a CCA— END OF SECTION Statement of Experience 00 45 16-13 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. S. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 3651 (06 .60 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 100 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2616 Table 5—Demonstrated Minority, MBE,DBE Participation Organization doing business as 17vak. q Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE,DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name work to be Provided Estimated%of Contract Price Lone Star P^vi AAs t�4t Pkv 3oPO OX (�+hJ C.an cyr.t� a 60 /O�o Statement of Experience 00 45 16-12 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Table 4-Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I Mk� ���,. -�• E. Fall Protection ❑ Yes ❑ No w N/A F. Confined Spaces ❑ Yes ❑ No e-N/A G. Material Handling ❑ Yes ❑ No wON/A H. Demolition ❑ Yes ❑ No crN/A I. Steel Erection ❑ Yes ❑ No e-N/A J. Underground Construction ❑ Yes ❑ No p,N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS")Category 23 for each of the past five(5)years?Provide the orYe's ❑ No Bidder's OSHA 300 and 300A logs for the past five(5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidder's NCCI workers'compensation experience rating sheets for the past five(5) efes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months?Provide 7 documentation showing the nature of the inspection,the findings,and the ❑Yes a No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516-11 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 004516 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 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. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible,the Owner may notify the next apparent low Bidders in order,who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function,their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 004516-1 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials,safety,coordination of Subcontractors,experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work,the amount of warranty or rework required, problems with durability and maintainability of the completed project,and problems with'the lack of quality of documentation provided. In addition to the work produced,the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction,an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder"includes the firm,corporation, partnership,or other legal entity represented by the Bidder or anyone acting for such firm, corporation,partnership,or other legal entity submitting the bid. 2. "Citations"include notices of violation,notices of enforcement,suspension/revocation of state or federal licenses or registrations,fines assessed pending criminal complaints,indictments,convictions, administrative orders,draft orders,final orders,and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience 004516-2 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Business Address of Principal Office33 Telephone No. Website /Ma , Form of Business(check one) ®'Corporation ❑ Partnership n Individual If a Corporation State of Incorporation T Date of Incorporation :z//2. Chief Executive Officer's Name j,;� t/,.,.� President's Name �,,�L,,;, / �oVo/nr.•, Vice President's Name(s) Secretary's Name .1, Ak Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership Organization History List of names that this organization currently, has,or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year ,Ct 000 ,000- '� Statement of Experience 004516-4 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: I ml*- C-- Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 sec- 77ilc k ��s 'o-. d�►d,ago 'cr�c)/ 2 10112 A04—P 3 A OA - v 4 61-ea-k- 5 C% of GC JA ?t►! Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR) History for the last 3 years. Provide documentation of the EMR. .411 Year EMR llmftf Year I?tai 4 1 EMR I ,6J' I Year EMR . 70 Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. A,,* Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. AV Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. A10 Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. Aea Statement of Experience 004516-5 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Table 2—Project Information Organization doing business as: F*?,, c. 0,-&t? Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional rales of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager �/'q aoa "S JO, vrt at;G/r- Superintendent (�f � a lkoKC, R.� Safety ManagerQuality Control Control Manager !'�►�s { 56�=�. n�� Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Si JcuoorK f�w kA �1`G17c� ��4�k w,,.• DX /0 90 Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio(EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year I EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 Table 3–Projects Awarded during the Last 5 Years Organization doing business as:� �,� .,�• Proiect Information Project Name A5c-c- Tn.olc. y�f •�.,, Description C.,.K.,. Reference Contact Information Project Owner C,, WF Cc- Name/Title e W'I, q Telephone Email j!'r 14p Cr fie .1 c,,�,, Project Designer Project Budget and Performance Original 1.101,ow. Final Contract JJ6,100". #Contract (dtd #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project ora- A AV As Pk,. .X Description Name Reference Contact Information Project Owner Name/Title Telephone S/;'^ g�dr_pt Email Project Designer I Project Budget and Performance Original Final Contract I,300,end #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Protect Information Project Fs Svc Tt r-..14y S�. ,�o ipder rj1— 1 t�t/�!•1,. S;.kG.�('l( � Name Description orMwv 9 Reference Contact Information Project Owner k**,ko% 6t:�•-,rl -7;.s.)-- Name/Title f`/q.0,4. Telephone C210)1AY-W7 Email ►1a(c�r-k 1�6K/.s•+�d- Project Designer (,.,r6f.. !!— Project Project Budget and Performance Original 6q pl 0M. 0, Final Contract —e Z 1,X '•e,► #Contract Ulu #Days p Contract Price Price f Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev 06-22-2016 HALCY@ N HB 522 Scotland Dr. Corpus Christi,TX.78418 Tel: (361)937-1400 Fax.: (361)937-1441 October 24, 2017 Mr. Gabriel Goodman MAKO CONTRACTING,LLC. 3636 S.Alameda Ste.B#153 Corpus Christi,TX 78411 Mr. Goodman, The following are the experience modification rating(EMR) for the years requested. Please do not hesitate to contact my office should you have any additional questions. 2017: 0.69 Effective Date: 10/01/2017 Expiration Date: 10/01/2018 2016: 0.68 2015: 0.70 2014: 0.78 2013: 0.83 Thank you, Troy Walker Halcyon HR, Inc. MAKO CONTRACTI COMPLETED PROJECTS CONTRACT& PROJECT-LOCATIONS- PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&SQ FT FINAL START&COMPLETION DATES AMOUNTS Department of Public Safety Parking LotDepartment of Public Safety Texas Facilities Commission Demo existing concrete paving and utilities $990,088 __. _. South Padre island rive an Jacinto rise naw storm water system,ime t-size Corpus Christi,I z Austin,I x inss im.stone a sq Co o ncrete Paving. 5301 Leopard an Motor 1`010M SilevivOrkand 35,uuu sq o concre a paving, $450,000 Leopard cone a foundation,mea m ing erection OrPu9 CrInini,TX ream He btra—Fl. Bass&VVelshng nee ng ns a acre imes one laydown yard and 4U,000 $512,600 wy wy 59 Corpus Christi.Tx sqft of concrete paving eevi e, x Beeville.Ix Port .sort ase Blue Marlin Holdings Urban Engineering Turnkey RV Park Development 5 a $1,200,000 2690 State Highway 361 Corps Christi,Tx 2725 Swanlner Install site grading,utilities,concrete site Pon Aransas,Tx Carpus Christi,Tx paving,concrete roads,building,pool and landscaping Del Mar Lavdown Yard Dei Mar College Construct limestone lavdown Yard,20,000sgft 549,300 4101 Old Brownsville Corpus Christi,Tx Corpus Christ,Tx Kleberq Bank Parking Lot Kleberq Bank Munoz Engineering Remove existing asphalt parking lot and $464,000 Staples&Williams 4102 Baldwin Corpus Christ,Tx install concrete paving.40,000 soft Corpus Christi,Tx Corpus Christi,Tx Install structural concrete piers,footings, stairs and ADA ramp .nen ynne ago City o Corpus Christi i o role - .move an repave $105,000 Corpus Christi,Tx 12D1 Leopard at concrete sidewalks,curb and gutter,driveways, Haas Anderson Construction Corpus Christi,Tx retaining walls,ADA ramps Scuttle n Landscapes boutnern Landscapes Urban Engineering Construct commercial m mg pa $19,600 Port at, 2725 Swantner Corpus Christi,Tx Corpus Christi,Tx Corpus Christi,Tx St usurs locese Corpus rise ass Wengineering emo extsmg sq porting lo ar Ingo an sub- $642,000 5620 Gollihar 62D Lipan Sl 3054 S.Alameda grade. Install underground utilities,recyde Corpus Christi,I. Corpus Christi,Tx Corpus Christi,Tx base material,Install Concrete paving parking lot tgont Iryo orpus nst t o m1e - emovean repave $149,193 Corpus Christi,Tx 1201 Leopard st concrete sidewalks,curb and gutter,driveways, Haas Anderson Construction Corpus Christi,Tx Page 1 of 16 retaining walls,ADA ramps CONTRACT& PROJECT-LOCATIONS-PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&84 FT FINAL START&COMPLETION DATES AMOUNTS inside out CartCanter Carolyn and John Roolen I rust n tuigineering Mil wetlands through corps of engineers permit. Cutoff Road TC/JP Development,LLC 2725 Swantner Construct ped and building uligllas ct building $76,600 Pon Aransas,Tx 2217 State Hwy 361 Corpus Christi,Tx Port Aransas,Tx s orrnans VOW Subdivision Carolyn and John Hooten I rust ran Engineering Fill wousnos through corps of engineers permiL $771,266 Station St TC/JP Development,LLC 2725 Swantner Install utilities for subdivision,building pads, Pon Aransas,Tx 2217 State Hwy 361 Corpus Christi,Tx Concrete City Streets Pon Aransas,Tx City of CC 1010 FOR Ciry of Corpus Christi Complete full depth repairs on city streets. $146,842 Southside/Flout Bluff 1201 Leopard at Remove existing asphalt paving and limestone Corpus Christi,Tx Corpus Christi,Tx base material, Install geo-gnd.limestone Haas Anderson Construction base,and final grading. City of CC IDIO FOR City of Corpus Christi Complete full depth repairs on city streets. $194,400 Woodland Creek 1201 Leopard at Remove existing asphalt paving and limestone Corpus Christi,Tx Corpus Christi,Tx base material. Install geo-gnd.limestone Haas Anderson Construction base,and final grading. Port esoBlue Marlin Holdings, n ngmeenngonsturnkey acre eso Perform $1.500.000 2600 State Highway 361 Corpus Christi,Tx 2725 Swantner site grading,underground utilities,electrical, Pon Aransas,Tx Corpus Christi,Tx concrete site paving,concrete roads,2 buildings City of CC IDIO FOR Ciry of Corpus Christi Complete fug depth repairs On city streets. $117,930 Hawk or. 1201 Leopard at Remove existing asphalt paving and limestone Corpus Christi,Tx Corpus Christi,Tx base material. Install geo-grid,limestone Haas Anderson Construction base,and final grading, utly o iry of Corpus Chnsti Uo—r—nft-re-f9ff-dFpfFr—epam;on city streets. $212,372 Cote at 1201 Leopard at Remove existing asphalt paving and limestone Corpus Christi,Tx Carpus Christi,Tx base material. Install geo-grid,limestone Haas Anderson Constniction base,and final grading. Port of Corpus Christi Maintenance Facility Pon of Corpus Christi Port of Corpus Christi Engineering Remove and replace concrete paving $36,786 Pon of Corpus Christi 222 Power at Corpus Christi,Tx Corpus Christi,Tx TWC Partners Parking Lot TWC Partners Urban Engineering Demo existing 90,000 W parking lot and sub. $801,000 4141 S.Staples 4141 S.Staples 2725 Swimmer grade. Install underground uagbes,lime Corpus Christi,Tx Corpus Chnsti,Tx Corpus Christi,Tx stabilize soils, Install Concrete paving parking lot o Elary Uovelopmentor Corpus Christi KVI Installconcrete sr s,urn own cu s, $168.000 Can Parkway @ Wooldridge 1201 Leopard at concrete wall and piers Corpus Christi,Tx Corpus Christi,Tx Page 2 of 16 CONTRACT& PROJECT-LOCATIONS-PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&80 FT FINAL START&COMPLETION DATES AMOUNTS Flower Fonda Embree Construction Site work,building pad,site concrete, $138,000 5820 Hwy 359 4747 Williams joint sealant and sawcuttng.RCP install Alice,Tx Georgetown,Tx Port Bulk Dock Roadway Extension Port of Corpus Christ David Krems Demo existing limestone road,replace with $163,367 Port of Corpus Christ 222 Power at. 222 Power at. heavy duty concrete roadway Corpus Christi,Tx Corpus Christi,Tx City of Corpus Christi Health Department ICity of Corpus Christ Urban Engineering Demo existing asphat parking lots,install $410,000 Home @ Greenwood 1201 Leopard Street Corpus Christi,Tx limestone base,new heavy duty concrete Corpus Christi,Tx Carpus Christi.TX 78401 paving,concrete sidewalks and drives, concrete dumpster pads,light pole bases, Amjod Manager. be Goodman new asphalt parking kits Supwinhndsm Rkhom Wasp Tolosa Midway ISD-High School Soawaiase Asphalt repair,sealcosting,palchmg 2653 McKinzie 4909 East Grimes,Suite 116 Corpus Christ,TX Harlingen,TX PrerM Mana7ec Gabe Goodman Sv MMnrbM:Rkhad Drake, Lely Bov Furniture Alpine Contracting Hodge&Associates Site work buidling oad,concrete foundation, $359,000ma 7522 S.P.I.D. 1100 NE Loop 410#311 13642 Omega concrete paving,curbs,gutters,sidewalks Corpus Christ,TX San Antonio,TX Dallas,TX light pole bases Pmjear Manepa.Gabe Goodman SWeMdersket Richard W&P •Concrotolikephalt Maintenance Project Corpus Christi ISU NA Yearly maintenance contract that provides for Corpus Christi ISO•District Wide 801 Leopard St, installation of concrete and asphalt paving Corpus Christi,Texas Purchasing Dept 361-886-9200 Projsa Memill..Gabe Gaodmart S J.H.Clark Tuloso Midway ISD-High School Spawalase NA Site work,building pad,she paving,sidewalks 2653 MclOnzie 4909 East Grimes,Suite 116 entry stairs,loading dock foundations,ramps Cornus Christi,TX Harlingen,TX Project Manager.Gab.Goodman Supormtonddrit.J.H.Clerk Tutoso Midway ISD-Sports Complex Spawalase NA Construction of softball and baseball fields, 2653 MCKInzie 4909 East Grimes,Suite 116 drainage Implies,site work site concrete Corpus Christi,TX Harlingen,TX Pm*f Wriaaor.Gab.Goodman SEA' rMlarMent rd Draker men um ampuaNouveau ' dnstm on don $20,000 0612013 6300 Ocean Drive 2441 Lacy Lane sidewalks,ramps and 0712013 Corpus Christi,TX Carrollton,TX drainage Project Manager Gabe Goodman 6,000 So Ft Superintendent J.H.Clark TX A&M Corpus Christi Soccer Complex Nouveau Construct 3 full size soccer $164.246 0612013 6300 Ocean Drive 2441 Lacy Lane Page 3 of 16 fields,1,600 ft,swail and 0812013 CONTRACT& PROJECT•LOCATIONS•PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&SO FT FINAL START&COMPLETION DATES AMOUNTS Corpus Christi,TX Carrollton,TX storm sewer system Project Manager.Gabe Goodman 434,260 Sq Ft Superblerdent J.H,Clam DriftwoodfFt.Worth Improvements CIN of Corpus Christi NIA Demo of city street,sidewalk $64,760 MIMS- 1201 Leopard Street and putters. Construct lime 0412013 Corpus Christi,TX 78401 stone subprade,asphalt street,concrete valley gutter and concrete curbs Pmject Manager.Gabe Goodman 16,000 Sq Ft Superintendent.J.H.Clerk Port Aransas Forry Bulldina TX DOT NIA Construct building pad,lime $130.126 0112013 619 West Cotter Corbett Construction stabilize and prude she. 0812013 Port Aransas,TX General Contractor install asphalt parking lot, 1027 Dragon St concrete curbs and Dallas.Tx storm sewer system Project Manager.Gabe Goodman 40,000 Sq Ft SupednWdent.J.H.Clark Mint:Residence Sean Mintz WA Exterior Remodel $13,000 1112012 102 Amistad Owner 1112012 Corpus Christi,Tx (361)765.6584 Project Manager.Gabe Goodman Superintendent lUchard Draker Storm Services Stormy Keiper NIA Site preparation,utility $81,000 0612012 12680 FM 70 Owner installation,parking lot 0612012 Sandia,Tx (361)877-5337 construction for future Pipeline Service Company Project Manager.Gabe Goodman 42,000 Sq Ft Su ntendant:Richard Draker Keiper Residence Stormy Keiper NIA Custom pool decking, $31,266 0412012 Owner patio and outdoor kitchen 0612012 (361)877-5337 Page 4 of 16 CONTRACT& PROJECT•LOCATIONS-PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&SQ FT FINAL START&COMPLETION DATES AMOUNTS Project Manager.Gabe Goodman Supennfendent Rchard Draker Atlantic Lofts Chris Montalvo NIA Complete residential finish $90,000 0412012 901 N.Upper Broadway Owner out 0812012 Corpus Christi.Tx (361)289-2779 78401 Page 5 of 16 CONTRACT& PROJECT-LOCATIONS-PROJECT TEAM OWNER ARCHITECTIENGINEER PROJECT TYPE&SG FT FINAL START&COMPLETION DATES AMOUNTS Project Manager.Gabe Goodman 1,250 So Ft Su rintendent RichardDraker Dr.Alone*Residence Connie Graygor NIA Construct building pad and $80,000 0412012 Ocean Dr. General Contractor site grading for future home 0612012 Corpus Christi,Tx construction Project Manager.Gabe Goodman Superintendent Rkhard Draker San Marin Apartments San Marin Apartments WA Complete demolition o $216,672 0312012 7721 S.Staples Tenant In Common Holdings asphalt parking tots 0312012 Corpus Christi,TX Regional Vice President and replace with concrete Kendra Williams 361-537-1718 paving Project Manager.Gabe Goodman 33,600 S*Ft Superintendent Rkhard Droker Weaver Farms Blaine Weaver WA Concrete foundation and $21.900 0312012 CR 14 CR 14 concrete paving 0312012 Chapman Ranch.TX Chapman Ranch,TX 361-739-1965 Foundation 1,800 So Pt Project Manager.Gabe Goodman Paving 1,400 So Ft Superintendent Richard Dmker Harbor Landing Apartments Harbor Landing Apartments WA Saw cut,demollish $103.000 0212012 8033 S.Padre Island Drive Tenant In Common Holdings and replace existing 0212012 Corpus Christi,TX Regional Vice President concrete paving parking Kendra W Whams 361-537-1718 lot Project Manager.Gabe Goodman 12,000 So Ft -Superintendent RichardDraker Page 6 of 16 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 30,2018, is between the City of Corpus Christi (Owner) and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Dr. Hector P.Garcia Park Hike& Bike Trail E15142 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas, 78410 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 60 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 005223- 1 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 305,106.60 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 100 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI o0nairy s0°ea ay aeee��a n°eaa Digitally signed by Jeff Edmonds Rebecca H u e rta - °°=Re °eaa°=c,ty °°°°s cn s, DN cn=JeH Edmonds,o,—Engineering, °°=cy se�rda�y,e-1=reee=@.de.as -US email=jeHreye@cctexas.com,-US D-2018 02 21 00.00.07-0600Date:2018.02.20 09:30:13-06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Ord. 031353 AUTHORIZED APPROVED AS TO LEGAL FORM: 1/30/18 BY COUNCIL Digitally signed by RH/ML R H M L DN:cn=RH,ML,-City Secretary,ou=City Secretary, if 2018.02.19 14:56:27_06'00' email=moniquel@cctexas.com,c=US Date:2018.02.20 10:30:17-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Mako Contracting, LLC (Seal Below) By: Gabriel Digitally signed by Gabriel Date:2018.02.07 15:26:05-06'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 3636 S. Alameda St., Suite B153 Financial Officer Address Corpus Christi, Texas 78411 City State Zip 316/561-6256 Phone Fax gg@makocontracting.com EMail END OF SECTION Agreement 005223-6 Dr. Hector P.Garcia Park Hike& Bike Trail E15142 Rev06-22-2016 006113 PERFORMANCE BOND BOND NO. 1001092826 Contractor as Principal Surety Name: Mako Contracting,LLC Name: Texas Bonding Company Mailing address(principal place of business): Mailing address(principal place of business): 3636 S.Alameda Ste. B,#153 5601 Granite Parkway Corpus Christi,TX 78411 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway Name: City of Corpus Christi,Texas Piano,TX 75024 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: California Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Dr.Hector P.Garcia Park Hike&Bike Trail (972)930-0641 E15142 Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Robert G.Kanuth Award Date of the Contract: 1/30/2018 Address: 1814 Holly Rd.Ste B Contract Price: $305,106.60 Corpus Christi,TX 78417 Bond Telephone: 972-772-7238 E-Mail Address: rkanuth@kandsins.com Date of Bond: 2/01/2018 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept of insurance by calling the this Instrument in 4 copies,each one of which shall following toll-free number.1-800-2S2-3439 be deemed an original. Performance Bond 00 6113-1 Or.Hector P.Garcia Park Hike&Bike Trail E15142 ROVO1-13-2016 Surety and Contractor, intending to be legally bound and obligated.to Owner do each cause this Performance Bond to be duly executed on its behalf by Its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,faintly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain In full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for on y legal action. Contractor as Principal Mako 91itracLing, LLC Surety Texas Bonding Company Signature- Signature: Name: �s_,�',vifdydi Name: Robert G. Kanuth Title: t/S Title: Attorney-in-Fact Email Address: �'c,� G �.,dr; h c,,,.- Email Address: rkanuth@kandsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Dr. Hector P. Garcia Park Hike&Bike Trail E15142 Rev 01-13-2016 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"),do by these presents make, constitute and appoint: Johnny Moss,Jay Jordan,Tony Fierro,Jeremy Barnett,Jade Porter,Mistie Beck,Robert G. Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attomey(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 (S *10,000,000.00* ), This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Revolved. that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Pact to represent and act for and on behalf of the Company subject to the following provisions: Arrorney-in-Fnc'r 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 ofattomey or certificate beating 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 1 st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY �or�aicToa,i +E SURF e °E"`� coo s �C ;" ww+roureo" - By: t_ Daniel P.Aguilar.r,Vice President 'b��f li0>tN�R." '',•9 ...*.,.. !a �'qTF 0F16"Pd ,. Illt1Y"' llll+llllll".l". /I rllrllll11111,51.5"`" ....t llll,l5"\`` AEEA notary public or other officer completing this certificate verifies only the identity of the individual who signed the to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this I st day of?November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct, - WITNESS my hand and official seal. SABINA MORG€NSTEIN Commission # 2129258 Signature (Seal) ++ Notary Angeles-Califor is My Cunty omm.Expires Nov 3.2019 1,Kio Lo,Assistant Secretary ofAmerican 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 t�. Corporate Seals IIIIIHIIIIIIrIyylllllullllrrl„r •- ”"�ppCTORs'la °slsuRF ,o`"gNp' ,' 0; o a ,G 3i• s '0 Bond No.�QQ� r`bp �arooiw21 Z Kio Lo,Assistant S'.CrctHi y n x 5 t Agency No. 17042 ,�c4irroaq,r.; * r .....lllun, �%T�OFT} llllln�}rlull�a"�,� +111111111'''' Kant Kopy Ki Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Frco r 1 Kan't Kopy Kt Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free A• Y � American Contractors Indemnity Company dbaTexas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street,Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(I 11-1A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: httR://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtectionAtdi.texas. oovv E-mail: ConsumerProtectionRtdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve 1a disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condition del document. documento adjunto. HCCSTXMOOOVIO 006116 PAYMENT BOND BOND NO. 1001092826 Contractor as Principal Surety Name: Mako Contracting,LLC Name: Texas Bonding Company Mailing address(principal place of business): Mailing address(principal place of business): 3636 S. Alameda Ste. B,#153 5601 Granite Parkway Corpus Christi,TX 78411 Plano,TX 75024 Physical address(principal place of business): Owner 5601 Granite Parkway Name: City of Corpus Christi,Texas Plano,TX 75024 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: California Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): Dr.Hector P.Garcia Park Hike&Bike Trail (972)930-0641 E15142 Telephone(for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Robert G.Kanuth Award Date of the Contract: 1/30/2018 Address: 1814 Holly Rd.Ste B Contract Price:$305,106.60 Corpus Christi,TX 78417 Bond Telephone: 972-772-7238 E-Mail Address: rkanuth@kandsins.com Date of Bond: 2/01/2018 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept of insurance by calling the this instrument In 4 copies,each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 00 6116-1 Dr.Hector P.Garcia Park Hike&Bike Trail E15142 Rev.01.13-2016 Surety and Contractor, Intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. provisions of the bond shall be pursuant to the terms and provisions of Chapter 2.253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principe Mak ntracting,LLC Surety Texas Bondipg Company Signature: Signature: _ Name: ,st C�r'tc� Name: Robert G. K ni uth Title: ,� Title: ALkorney-in-Fact Email Address: ��q /h�, c{,•,M..dt, G Email Address: rkanuth@kandsins.com (Attach PowerofAttorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Dr. Hector P.Garcia Park Hike& Bike Trail£15142 Rev.01-11-2016 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STA'L'ES 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, aMaryland 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 Beek,Robert G. Kanuth or Jarrett Willson of Rockwall,Texas its true and lawful Attotney(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 ail bonds,recognizances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ *10,000,000.00* ). This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be ii Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Artarney-hr-Farr 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 constriction 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 seat 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 I st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY `•�tPpCToo?,,.5 aS 5St1RFty �QNt)IN{, 0yti .c•`;:a�, =n •Y By:< s Daniel P.Aguilar,Vicc Presi ent ''CgLrIFOPN4� -'� f F �'r�TF pF trci'~ � • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this Ist day of November,2016, before me,Sabina Morgenstain,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U,S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument, certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission art 212925e Signature (Seal) :» 1 Notary Public-californla I os Angeles County My Comm.Exoaras Nov 3,201 i1 I,Kio Lo,Assistant Secretary of American Contractors indemnity Company.Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors,set out in the Power of Attomey are in full force and effect. I � In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this da of Corporate seals rCaq 55u N�.'!NG"'• , -r- `ONSP, �,f RFrk 0p... ....Cpl •.4,Nq,,,...••„nv.h wCarrolur,n Bond No.�(}DIO�I��d'�(n K"2&°16 w li a� w.' :T! r ,t Kin Lo,Assistant S�,creta. Agenc No. y 17042 nfq�/fa* ., r ” oFz�+` + Kant Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coln Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermarlc • Antl•Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free v � American Contractors Indemnity Company dbaTexas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE I. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street,Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-I A) Consumer Protection(I 11-1A) P.O. Box 149091 P.Q. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No.(512)490-1007 Fax No. (512)490-1007 Web:http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection(a)tdi.texas. ov E-mail: ConsumerProtection(&tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concemiente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o]a 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. HMSUM0009/10 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 0 2/08/201 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Natasha Hart NAME: K&S Insurance Agency ACNE. Ext): (972)772-7256 q c,No): (972)771-4695 2255 Ridge Road,Ste.333 E-MAIL nhart@kandsins.com ADDRESS: P.O.Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA: The Cincinnati Insurance Co. 10677 INSURED INSURER B: Hanover Insurance Company 22292 Mako Contracting LLC INSURER C: 3636 Alameda INSURER D: Suite B#153 INSURER E: Corpus Christi TX 78411 INSURER F: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 500,000 MED EXP(Any one person) $ 10,000 A EPP0305105 01/27/2018 01/27/2019 PERSONAL&ADV INJURY $ 1'000'000 RTHER AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2'000'000 OLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY 60AHB?I11ED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED EBA0305105 01/27/2018 01/27/2019 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist $ 100,000 UMBRELLA LIAB XOCCUR EACH OCCVV""" _RURREN"'y"CE E'"` $ 2,000,000 A EXCESS LAB CLAIMS-MADE EPP0305105 01/27/2018 01/27/2019 AGGREGATE $ 2'000'000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractor's Equipment B IHD D477988 01/27/2018 01/27/2019 Leased/Rented Equip $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:E15142 Dr.Hector P.Garcia Park Hike&Bike Trail. See attached for additional information. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. 1202 Leopard St. AUTHORIZED REPRESENTATIVE y Corpus Christi TX 78401 Au?- -4/. =� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Additional Insured & Waiver of Subrogation Form #GA233 02/07 Applies to the General Liability Policy. Primary & Non-Contributory Form #GA233 02/07 Applies to the General Liability Policy. Additional Insured Form #AA4171 11/05 Applies to the Business Auto Policy. Waiver of Subrogation Form #AA 4172 09/09 Applies to the Business Auto Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. DATE(MM/DD/YYYY) .mac®►ens CERTIFICATE OF LIABILITY INSURANCE 1114_ � 1 02/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TIM BUTTLER TEE&GEE UNDERWRITING MANAGERS, LP IHOE PA, CNN Elt)361-937-1400 A/c No):361-937-1441 8131 LBJ FREEWAY ADDRless:TBUTTLER HALCYONHR.COM SUITE 750 INSURER(S)AFFORDING COVERAGE NAIC# DALLAS,TX 75251 INSURER A:SERVICE LLOYDS INSURANCE COMPANY 43389 INSURED INSURER B HALCYON HR, INC. INSURERC: 522 SCOTLAND DRIVE INSURERD: CORPUS CHRISTI, TX 78418 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15 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 ADDLSUBITYPE OF INSURANCE IVSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DD/YYYY MM DD1YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE El OCCUR PREM SESDA AGE OEa occu RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY [::] PRO- LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident H $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONPERX STATUTE OERH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ Y WC0098712-2017A 10/01/17 10/01/18 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 describe under DIf ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ALTERNATE EMPLOYER, MAKO CONTRACTING LLC, IS PROVIDED WORKERS' COMPENSATION COVERAGE ONLY FOR EMPLOYEES PROPERLY ENROLLED AND ASSIGNED TO HALCYON HR, INC. PURSUANT TO THE CLIENT SERVICES AGREEMENT BETWEEN MAKO CONTRACTING LLC AND HALCYON HR, INC. THIS CERTIFICATE APPLIES TO CONTRACT E15142 DR HECTOR P GARCIA PARK HIKE AND BIKE TRAIL. BLANKET WAIVER OF SUBROGATION APPLIES AS DEFINED BY THE ATTACHED ENDORSEMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CORPUS CHRISTI - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ENGINEERING SERVICES ACCORDANCE WITH THE POLICY PROVISIONS. 1201 LEOPARD STREET AUTHORIZED REPRESENTATIVE CORPUS CHRISTI, TX 78401 XjAxt zaox" ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 Operations: 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/1/2017 12:01 AM Policy No. WC0098712-2017A Endorsement No. 0 Insured Halcyon HR, Inc. Insurance Company Countersigned byY�� �- ^-�� Service Lloyds Insurance Company TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MANUAL WC 42 06 01 Original Printing Effective January 1, 1994 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Corpus Christi - Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/1/2017 12:01 AM Policy No. WC0098712-2017A Endorsement No. 2 Insured Halcyon HR,Inc. Insurance Company Countersigned by C � Service Lloyds Insurance Company Note: Use this endorsement if Texas is shown in Item 3.A.of the Information Page and the insurer agrees to give to a third party advance notice of cancellation or other material change. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You .................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8. Waiver of Subrogation .....................................................................................................................10 9. Automatic Additional Insured -Specified Relationships: ...............................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions- Permits Relating to Premises; • State or Political Subdivisions- Permits; and • Contractors' Operations 10. Broadened Contractual Liability -Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment......................................................................................14 12. Employees as Insureds-Specified Health Care Services: ...........................................................14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- This insurance applies to ror or omission of the in- (b) sured, or of any other per- damages only if the act, er- ror gli- son for whose acts the in- gently or omission, is nently committed in the sured is legally liable, to ge which this insurance aadministration" of your plies. We will have the right "employee benefit pro- and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or suit when any "author- 2) Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- ability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- damage,, or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col- tract lectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest- evaluation, reassign- ) y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- 4 Consequential liability sureds, but only with re- ( ) ty spect to their duties as trus- as a result of(1), (2) or tees. (3) above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authoriza- (3) Supplementary Payments tion to administer your "em- ployee benefit program" if SUPPLEMENTARY PAY- you die, but only until your MENTS -COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II -WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Dec- larations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the con- which you maintain ownership or duct of a business of which majority interest, will qualify as a you are the sole owner. Named Insured if no other simi- lar insurance applies to that or- (b) A partnership or joint ven- ganization. However, coverage ture, you are an insured. under this provision: Your members, your part- ners, and their spouses are (a) Is afforded only until the also insureds but only with 180th day after you acquire respect to the conduct of or form the organization or your business. the end of the policy period, whichever is earlier; and (c) A limited liability company, you are an insured. Your (b) Does not apply to any act, members are also insureds, error or omission that was but only with respect to the committed before you ac- conduct of your business. quired or formed the organi- Your managers are insur- zation. eds, but only with respect to their duties as your manag- ers. As respects Employee Benefit Liabil- (d) An organization other than a ity Coverage, SECTION III - LIMITS partnership, joint venture or OF INSURANCE is deleted in its en- limited liability company, tirety and replaced by the following: you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B. Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their du- ability Coverage and the rules ties as your officers or direc- below fix the most we will pay tors. Your stockholders are regardless of the number of: also insureds, but only with respect to their liability as (a) Insureds; stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations c Persons or organizations applies to all damages sus- ( ) g tained by any one "em- making claims or bringing ployee", including such "em- "suits"; ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all acts, errors or omissions to (e) Benefits included in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, errors against any "suits- or omissions negligently commit- seeking those dam- ted in the "administration" of ages; and your "employee benefit pro- 2) Your duties, and the gram". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or"suit" and, upon no- tification of the action taken, (a) An act, error or omission; or you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payrnent of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a daim is made or"suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the daim or "suit" and the tion by equal shares, date received; and we will follow this 2 Notify us as soon as practicable. method also. Under ( ) fi' p this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit"as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers received mit contribution by in connection with the claim or equal shares, we will "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is en- insured because of an act, error titled to recovery under or omission to which this insur- any other insurance in ance may also apply. force previous to the ef- d. No insured will, except at that in- fective date of this sured's own cost, voluntarily make a Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Otherinsurance added: If other valid and collectible 1. 'Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or ' below. terminating any em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' oom- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll deduc- sence programs, in- tions; or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, tion and health dub including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit' means a civil pro- ceeding in which money 2. "Cafeteria p damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit' includes: tain benefits with pre-tax dollars. a. An arbitration proceed- ing in which such dam- 3. "Employee benefit pro- ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil pro- other than an "em- ceeding. ployed' may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave of those "employees" who absence or disabled, or re- satisfy the plan's eligi- tired. "Employee' includes bility requirements; a "leased worker". "Em- ployee" does not include a b. Profit sharing plans, 'temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment insur- failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You f) Nesting or infesta- tion, or discharge a. The last Subparagraph of Paragraph or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in- AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c. through q. do not apply (b) Loss caused directly or indi- to damage by fire, explosion, light- rectly by any of the follow- ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or any other earth move- b. The insurance provided under SEC- ment; TION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are both rented to and occupied by you. 3) Water under the ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b. above: a) Foundations, The exclusions under SECTION walls, floors or - COVERAGES, COVERAGE paved surfaces; A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- b) Basements, ITY, 2. Exclusions, other than i. whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted and the following are added: c) Doors, windows or other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) "Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract; or by or resulting from freez- 2) Loss caused by or re- ing, unless: sulting from any of the 1) You did your best to following: maintain heat in the a) Wear and tear; building or structure; or b Rust, corrosion, 2) You drained the equipment and shut off fungus, decay, de- the water supply if the terioration, hidden heat was not main- or latent defect or tained. any quality in property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self, conditioning, fire pro- tection systems, or C) Smog; other equipment or ap- d) Mechanical break- pliances; or down including 2) The interior of any rupture or bursting building or structure, or caused by oen- to personal property in trifugal force; the building or structure e Settling, cracking, caused by or resulting g, g, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion; or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- ments of this endorsement. The Damage to Premises Rented to You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "prop- erty damage" to premises With your consent, we will make while rented to you or tem- these payments regardless of fault. porarily occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any Coverage one "occurrence" to which SECTION I - COVERAGES, COV- this insurance applies. ERAGE A. BODILY INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions, j. Damage to Prop- Limits of Insurance, 3. Dam- erty, Subparagraphs (3), (4) and (5) age to Premises Rented to do not apply to "property damage"to You of this endorsement. the property of others described therein. 4. Supplementary Payments With respect to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES A AND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declarations are replaced by the lim- lowing: its designated in Section B. Limits of Up to the limit shown in Section B. Insurance, 6. Voluntary Property Damage and Care, Custody or Limits of Insurance, Bail Bonds Control Liability Coverage of this of this endorsement foror cost of bail endorsement with respect to cover- bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- plies. We do not have to furnish shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- b. Paragraph 4. is replaced by the fol- age and Care, Custody or Control lowing: Liability Coverage of this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the the insured at our request to assist number of: us in the investigation or defense of the daim or "suit", including actual (1) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons or organizations making off from work. claims or bringing "suits". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con- Claim or Suit, applies to each tract where a certificate of claim or"suit" irrespective of the insurance showing that per- amount. son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- ing the policy period; 7. 180 Day Coverage for Newly Formed or and Acquired Organizations SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense to which this insurance Subparagraph a. of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV-COMMERCIAL GENERAL and insurance coverage pro- LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of the following: (a) The manager or lessor of a premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products-completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our 1) Any "occurrence" which request, the insured will bring "suit' or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following is hereby added to demolition operations SECTION II -WHO IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, demonstration, (b) Any �rson or organization testing, or the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence" which takes place normally under- after the equipment lease takes to make in expires. the usual course person or organization of business, in (c) Any � g connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or a "Bodilyinjury" or sale by you, have J Y been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or containing such c) Any physical or products; or chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "products- Repackaging, completed opera- d) tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) above spect to such to provide insurance, but products. only with respect to liability d An state or political subdi- arising out of "your work" ( ) Y p performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con- hazards for which the state tract or agreement, but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nanoe, repair, construc- ganization's status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury", "property dam- age" or "personal and 2) The rendering of, or failure advertising injury" aris- render, any ing out of operations professional architec- performed for the state sural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph Specific (f) above, SECTION III - Written Contract or LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Declarations of a. Be provided by the In- this Coverage Part. The limits of in- suranoe Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- c. SECTION IV -COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or oov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or nonoon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or this endorsement shall be coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 or agreement, but only to (c) Persons or organizations the extent that such limits or making claims or bring coverage is included within "suits". the terms of the Coverage Part to which this endorse- (2) Deductible Clause ment is attached. If, how- (a) Our obligation to pay dam- ever, the written contract or ages on your behalf applies agreement specifies the In- only to the amount of dam- surance Services Office ad- ages for each "occurrence" ditional insured form num- which are in excess of the ber CG 20 10 but does not Deductible amount stated in specify which edition, or Section B. Limits of Insur- specifies an edition that ance, 11. of this endorse- does not exist, Paragraphs ment. The limits of insur- 9.a.(3)(a) and 9.a.(3)(b) of ance will not be reduced by this endorsement shall not the application of such De- apply and Paragraph 9.b. of ductible amount. this endorsement shall ap- ply. (b) Condition 2. Duties in the 10. Broadened Contractual Liability -Work Event of Occurrence, Of- fense, Claim or Suit, ap- plies 50' of Railroad Property plies to each claim or "suit' It is hereby agreed that Paragraph f.(1)of irrespective of the amount. Definition 12. "Insured contract" (SEC- (c) We may pay any part or all TION V-DEFINITIONS) is deleted. of the deductible amount to 11. Property Damage to Borrowed Equip- effect settlement of any ment claim or"suit" and, upon no- tification of the action taken, a. The following is hereby added to Ex- you shall promptly reim- clusion j. Damage to Property of burse us for such part of the Paragraph 2., Exclusions of SEC- deductible amount as has TION I -COVERAGES, COVERAGE been paid by us. A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 12. Employees as Insureds - Specified Health Care Services Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- y g ment loaned to you, provided they 2.a.(1)(d) of SECTION II - WHO IS AN are not being used to perform opera- INSURED, does not apply to your "em- tions at the time of loss. ployees" who provide professional health care services on your behalf as duly li- b. With respect to the insurance pro- censed: vided by this section of the endorse- ment, the following additional provi- a. Nurses; sions apply: b. Emergency Medical Technicians; or (1) The Limits of insurance shown in c. Paramedics, the Declarations are replaced by the limits designated in Section in the jurisdiction where an "occurrence" B. Limits of Insurance, 11. of or offense to which this insurance applies this endorsement with respect to takes place. coverage provided by this en- dorsement. These limits are in- 13. Broadened Notice of Occurrence clusive of and not in addition to Paragraph a. of Condition 2. Duties in the limits being replaced. The the Event of Occurrence, Offense, Limits of Insurance shown in Claim or Suit (SECTION IV -COMMER- Section B. Limits of Insurance, CIAL GENERAL LIABILITY CONDI- 11. of this endorsement fix the TIONS) is hereby deleted and replaced most we will pay in any one "oc- by the following: currence" regardless of the number of: a. You must see to it that we are noti- (a) Insureds; fied as soon as practicable of an "oc- currence" or an offense which may (b) Claims made or "suits" result in a claim. To the extent pos- brought; or sible, notice should include: (1) How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 (2) The names and addresses of This requirement applies only when any injured persons and wit- the "occurrence" or offense is known nesses; and to an"authorized representative". (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 1/27/2017 EBA0305105 Named Insured: Mako Contracting LLC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage" arising out of the operation TIONS, A. Loss Conditions, 5. Transfer of of a covered "auto" when you have assumed liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 1/27/2017 EBA0305105 Named Insured: Mako Contracting LLC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 1105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE SCHEDULE Name and mailing address of person(s) or organization(s): 1. FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE. Number of days notice(other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium,we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 08 11