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HomeMy WebLinkAboutC2018-787 - 12/4/2018 - Approved C2018-787 12/04/18 M2018-234 Mako Contracting LLC 00 52 23 AGREEMENT This Agreement,for the Project awarded on December 4,2018, 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: Downtown Road and Streetscape Improvements(Bond 2014) E15098 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. 800 N.Shoreline Drive,Suite 1600N Corpus Christi,TX 784001 2.02 The Owner's Authorized Representative for this Project is: Kent Power.P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road,#5 Corpus Christi,TX 78411 • ARTICLE 3—CONTRACT TIMES • 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 00 52 23-1 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF Downtown Road and Streetscape Improvements 2014) PROJECT NUMBER: E15098 WW pppppuppppp , � r ° / �oo��00000000��oo�����ti��o SHANE RAY 00 TORNO C ...ty � �0000�0000000�a000��0000�o r Of �/00�o 01-"o (/CENS� ° IDIS Coqms A .,,������` 9-21-2018 FREESE AND NICHOLS, INC. Chr' - TEXAS REGISTERED ENGINEERING FIRM F-2144 Freese and Nichols, Inc. 800 N. Shoreline Dr., Suite 1600N, Corpus Christi, TX 78401 (361) 561-6500 September 21, 2018 Record Drawing Number STR-939 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 (Revo1-13-2016) 00 30 01 Bid Form (Revo1-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement (Rev06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Revo1-13-2016) 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) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data Table of Contents 000100-1 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 Division/ Title Section 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 01 40 00 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 02 10 20 Site Clearing&Stripping 02 10 40 Site Grading 02 2020 Excavation & Backfill for Utilities 02 20 21 Control of Ground Water 02 2022 Trench Safety for Excavations 02 20 40 Street Excavation 02 20 80 Embankment 02 21 00 Select Material 02 24 20 Silt Fence 02 52 02 Scarifying and Reshaping Base Course 02 52 05 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 02 52 23 Crushed Limestone Flexible Base 02 54 04 Asphalts, Oils, & Emulsions 02 56 10 Concrete Curb&Gutter 02 56 12 Concrete Sidewalks & Driveways 02 56 14 Concrete Curb Ramps 02 56 20 Portland Cement Concrete Pavement 02 58 02 Temporary Traffic Controls During Construction 02 58 05 Work Zone Pavement Markings 02 62 04 Polyvinyl Chloride Pipe—(ASTM D 2241 Pressure Pipe for Wastewater Force Mains, Irrigation Systems, and Water Transmission Lines) 02 64 02 Waterlines 02 64 04 Water Service Lines 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel Table of Contents 000100-2 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 Division/ Title Section Part T Technical Specifications 12 93 00 Site Furnishings 32 93 00 Plants Appendix Title None END OF SECTION Table of Contents 000100-3 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2 GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Downtown Road and Streetscape Improvements(Bond 2014) City Project Number: E15098 A. This project will improve the overall streetscape in the project area, defined as bounded by Lower Broadway on the west, Shoreline Drive on the east, 1-37 on the north, and Coopers Alley on the south. The intent of the project is to maximize visual impact on as much of this area as possible. This includes adding streetscape elements such as trash cans, dog waste stations, vegetated planters, light pole medallions, and signage . 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $784,000. The Project is to be substantially complete and ready for operation within 120 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project 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 2:00 PM on October 24,2018 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: Invitation to Bid and Instructions to Bidders 002113-1 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - Downtown Road and Streetscape Improvements (Bond 2014), Project No. E15098 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 2:00 PM on October 24,2018, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering 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 non-mandatory pre-bid conference for the Project will be held on October 10,2018 at 10:00 AM at the following location: City Hall Building—Engineering Services Smart Board Conference Room 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5 COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Invitation to Bid and Instructions to Bidders 002113-2 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7 INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only Invitation to Bid and Instructions to Bidders 002113-3 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 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 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. Invitation to Bid and Instructions to Bidders 002113-4 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-5 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 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 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/ DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. Invitation to Bid and Instructions to Bidders 002113-6 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 10 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 ARTICLE 22—CONFLICT C]FINTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form C|{}with the City ofCorpus Christi City Secretary's Office, ifrequired. 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 atyL dis ARTICLE 23—CERTIFICATE C]FINTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1Z95Certificate ofInterested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at . ARTICLE 24- REJECTION C]FBID 24.01 The following will because to reject Bid: A. Bids which are not signed byanindividual empowered tobind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required byArticle 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence ofcollusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal bybidder tocomply with subject contract orinstructions ofOwner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, ifapplicable. G. Bids received from aBidder who has been debarred orsuspended byOwner. 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 towaive any irregularities and any orall 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 tothe City orin accordance with a City-accepted schedule isevidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts orfailure 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. Invitation toBid and Instructions toBidders 002113-8 Downtown Road and Stree1soapeImprovements(Bond 2O14) E15O98 Rev 01-13-2016 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. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Downtown Road and Streetscape Improvements(Bond 2014) E15098 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 $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X 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 X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required Insurance Requirements 007201-1 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 007201-2 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 007201-3 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 007201-4 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 007201-5 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 007201-6 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 007201-7 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 007201-8 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 007201-9 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201-10 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 003000 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with he Drawings, Specifications,,and Contract Documents,this Bid Proposal is submitted by_M,440 (type or print name of company) on:October 24,2018 at 2:00 PNtfor E150198 Downtown Road and Streetscape Improvements (Bond 2014). 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.QvCastLJSA.CM11, 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—Downtown Road and Streetscape Improvements (Bond 2014), Project No. E15098 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: Bid Acknowledgement Form 003000-1 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-15.20,16 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and Bid Acknowledgement Form 003000-2 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-13-2016 D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. Bid Acknowledgement Form 003000-3 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-13-2016 ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within IL20 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. Bid Acknowledgement Form 003000-4 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-13-2016 F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: q�!o (typed or or inted full legal name of Bidder) By: (individual's signature) Name: �,tA..'G, '4�' (typed or printed) Title: _____, (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id.No. 1�—y?/�aaG Address forgiving notices: 36$�l, X qla nL*o S,r i ie 'Q�►S� Phone: '1 f—S6p6U6 Email: 4gto (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Downtown Road and Streetscape Improvements(Bond 2014)E15098 Rev 01-13-2016 00 30 01 BID FORM TWs is a warks Pmet „')rovidedfor Mddel�� converd ence only. See instructior"is sl'teet for addffionairtifornnation. Bidder is still lequhr°edto comple'N”? ChiCast or papeir IU idfoirinris for b' III acceptance. Project Name: Downtown Road and Streetscape Improvements(Bond 2014) Project Number: E15098 Owner: City of Corpus Christi Bidder: Mako Contracting OAR: Designer. Freese and Nichols, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED I QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (5% Max.) i LS 1 20,01001,00 $ 20,000.00 A2 Bonds and insurance (2.5% Max.) LS 1 $ 18,7501.00 $ 18,750,00 A3 Ozone Day DAY 1 $ 1.00 1,00 A4 Demolition LS 1 $ 45,000.00, 45,000,00 AS TCP Items(Signs, Barricades, Channelizing Devices,etc.) 11 0 4 $ 8001.00, 3,200.001 A6 TCP Plan and Prep EA 1 3,540,00 $ 3,540.00 A7 TCP M:obilzation/Adjustments EA 3 $ 2,,5001.001 $ 7P500= A8 Silt Fence for Storm Water Pollution Prevention LF 1010 $ 5.00 $ 500,00, A9 Curb Inlet Protection EA 41 $ 100.010 $ 400,00 A10 J,Storm Water Pollution Prevention Plan LS 1 $ 3,000.010 $ 3,0010,00 SUBTOTAL PART A-GENERAL(Items Al thru A10) $ 101,891.00 Part 8-STREETSCAPE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 7 BI Install New Trash Can Containers EA 81 $ 3,444.25 $ 278,984.25 , B2 Install New Dog Waste Stations EA 8 $ 650.00 $ 5,200,00 B3 Install New Planters EA 15 $ 2,200.00 $ 33,000.00 B4 Install New Planters at Water Street Intersections EA 39 $ 2,17 .00 $ 84,901001 135 Install New Medallions on Existing Light Poles EA 35 $ 250.00 8,750,00, B6 Install Landscaping Including Soil and Plants for New Planters LS 1 $ 3,162.50 $ 3,162.50 87 Install Landscaping Including Soil and Plants for New Planters at Water Street Intersections LS 1 $ 7,309.00 $ 7,308.00 B8 IAllowance for Coppi'nni Fountain Improvements LS 1 1 $ 50,000.00 $ 50,000.010 ISUBTOTAL PART 8-STREETSCAPE IMPROVEMENTS(items 131 thru 138) $ 471,307,75 Part C-STREET IMPROVEMENTS(per SECTlON 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Install New Welcome Sign on Caramcahua St. Bridge C1 � LS 1 45Overpass 14, �A Bid Form Page 1 of 2 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 01-13-2016 00 30 01 BID FORM ESTIMATED EXTENDED Item DESCRIPTION UN'I�" UNIT PRICE QUANTITY AMOUNT Install New Directional S�i n on U y g C2 � peer Broadway Bridge LS 1 � ; Overpass 00, ;, � 7kJ C3 6"Curb and Gutter LF 11244 r C4 6"Type A Header Curb LF 155 C5 6"Thick Concrete Island 5F 1120 a .0 !PIDD, C6 iAdjust Existing Traffic Signal Box to Grade EA 41I O,I 00 C7 Adjust Existing'wastewater Manhole to Finished Grade EA 1 C8 Regulatory.Sign EA S O C91 iOther Sign EA 1 ;`; C<; ;: H 0 C10 ;Eradicate Existing Painted Crosswalk LF 55 1000„ �. 'S50`; 0. C11 Eradicate Existing Painted Striping LF 55 1 00, I ;E11 C12 Refl. Pavement Marking Type 1 (Y) (4") (Solid) LF 193 _ l(I! x35 ; It C13 Refl. Pavement Marking Type 1 (Y) (12"), (Solid') LF 70 I0 % 2 t 00 C14 Refl. Pavement Marking Type 1 (W) (4") (Solid) LF 162 4. 0: C15 JAllowance for Unanticipated Street Improvements LS 1 5 OICONEE 0 SUBTOTAL PANT C-STREET IMPROVEMENTS(Items C1 thru C15) 1 1,8 OD, Part 0-ADA PEDESTRIAN IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 4"Concrete Sidewalk SF 520 D2 6"Sidewalk Retaining Curb LF 20 D3 Concrete Curb Ramp SF 103 SUBTOTAL PART D-AICA PEDESTRIAN IMPROVEMENTS(Items D1 thru D3) � �5 Part E•LIGHTING IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 I Install New Solar Panel Lighting System EA 2 „ 0;060.00, - 0j,20:.(S SUBTOTAL PART E-LIGHTING IMPROVEMENTS(Iteral El) B,ID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A10) 101,891-00 SUBTOTAL PART B-STREETSCAPE IMPROVEMENTS(Items B1 thru 138) 471,307.75 SUBTOTAL PART C-STREET IMPROVEMENTS (Items C1 thru C15) 113,788.00 SUBTOTAL PART D-ADA PEDESTRIAN IMPROVEMENTS(items D1 thru D3) 9,910.00 SUBTOTAL PART E-LIGHTING IMPROVEMENTS(Item Ei) 40120.00 TOTAL PROJECT BASE BID (PARTS A THRU E) Is 737,016.751 Contract Times Bid`deragrees der agrees to reach Substantial Completion in 120 days to reach Final Completion in 150 days Bid Form Page 2 of 2 Downtown Rend and Streetscape Improvements(Bond 2014) E15098 R"wai-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. D 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: /,;jtihc� 4y,,,fw ^� (typed or printed) By: (signature—attach evidence of authority to sign) Name: j✓w w,/ L<wdcfr,K.. (typed or printed) Title: Business address: 6' ,rq �. Zr Phone: 36/asa O-rEmail: q9 f"ytwx0cgre& -4CAV.4,04 END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Downtown Road and Streetscape Improvements(Bond 2014)E15098 11-25-2013 00 30 OS City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BYCfPY— PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Cl,r, DISCLOSURE OF INTEREST 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. t COMPANY NAME: 1* 4p dr�t.�6 K tr P.O.BOX: 36 3 6 .r �'frty /S3 STREET ADDRESS: CITY: C_ ZIP: FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 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 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"fain." Name Consultant City of Corpus Christi 00 30 05-1 Disclosure of interest se„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 public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: j� f yti,,� Title: P,.S cry" hila) PSignature of Certifying - Date: ja114,lfte DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official:' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns 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 P„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: Downtown Road and Streetscape Improvements(Bond 2014) E15098 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: tij+�J tc, ( ped or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: ''3 dC:Y j PA,,,s A sn'^ VS3 C4 . _ -2' !/ Phone: Sp-J-46/- (ASO( Email: ee*­y. END OF SECTION Non-Collusion Certification 00 30 06-1 Downtown Road and Streetscape Improvements(Bond 2014)E15098 11-25-2013 v v t' i 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 compariia: 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 I I A A) Consumer Protection(I I I A A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (5 12)490-1007 Fax No.(512)490-1007 Web:http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection&tdi.texas.Qov 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 la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. Bid Bond SURETY DEPARTMENT Conforms Nvith the American Institute of Architects,A.I.A Doctiments No. A-310 KNOW ALL MEN EKY Tl PRESEN-rs, That we, Mako Contraetinfzy, UC as Principal hereinafter called the Principal, and American Contractors Indemnity Company dba Texas Bonding Commmy a corporation created and existing Linder the laws of the State of CA whose principal office is in ­, Los Angeles, CA —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 ofwhich 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 Downtown Road and Strectscape Improvements NOW, THEREFORE, ifthe Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with [lie 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 ofthe 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 arnount specified in said bid and such larger arnount 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 LIUll and void, otherwise to remain in full force and effect Signed and scaled this 24th day of" October, 2018 Mako Contracting, LLC (Print ,1) 'rruc By __(SEAL) American Contractors Indemnity Companv dba Texas Bonding Company (Surety) -Y ------(SEAL o5"rt G. Kanuth Attorney-in-fact L 'r TOKIO ARINE .... ..... .... ...... .�. . HCC 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 Ari erican Contractors Indemnity Company,a California corporation,Texas Bonding; Company,an assumed name of American Contractors Indemnity Company, !United:States Surety Company,a M aryland corporation and U.S. Specialty Insurance Company,.a Texas corporation (collectively, the"Companies"), do by these presents make,constitute_ and appoint:: Johnny Moss, Jay Jordan,Tony Fierro,Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth and Jarrett Willson of Rockwall,Texas. its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is roamed above,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or, contracts of suretyship to include riders, amendments, and consents of surety, Providing the bond penalty does not exceed **Ten Million** Dollars ( ­10,000010000** ).This Power of Attorney shall expire without further action on Aprils 231d,2022 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'Vlce-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-Fact to represent and act for and on behalf of the Company subject to the following provisions: Altorney-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 inderaanity and ether 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/t Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seat 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 1I day of June,2015. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATE SURETY COMPANY UAV SPECIALTY tN 111,;aURANCE COMPANY State of Californua �wcraa, gar �Wb r � County Cif Los Angeles y: � .�ra�R wm 5 .� � w �ae B Daniel P Aguilar, ' ,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not.the truthfulness, accurac or validi of drat docurrtent On this 1111 day of June,2015, before me,Sonia O. Carrejo,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 rise that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.* �gp ,,VNIA0,MUM TlAf145144 r a B�a�4F� Signature (seal) myComm, tip+A�,+aA��:a.araa, I, Kia Lo, Assistant Secretary VAmerican 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 and affixed the seals of said Companies at Los Angeles, California this Witness eof, dayho� , i have hereunto set my Shan Corporate Seals � r i� erg vd r, Bond No. .f �� ,m * �,,;'r, �� r a " ` a) d Ar Agency Nlo, 17f # °stir w? ��rrv,tw " fy �� �� Kio Lo, Assi Secretary visit tmhcc.com/surety for more information v CL C(r O 0 U C n' i �y�:~.r� C v 7 - O C a 9 Q. _ V ca oT ao�Uc' °b Chi c =`f- S 01 t p Q •-m O - i cl 'L c m m¢oou o p'oo o mp.2 �� i _ `m r�3U o"d c � wC� Qmb 3'•'er- otu" m CL aCL 'aOc m pULL G p WUl4 C yoy =U�6WtA TGQ ; Y N s • e • e • ; - r �V1 a e a • � r i Ri-_— .. J 00 52 23 AGREEMENT This Agreement, for the Project awarded on December 4,2018, 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: Downtown Road and Streetscape Improvements(Bond 2014) E15098 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N.Shoreline Drive,Suite 160ON Corpus Christi,TX 784001 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement 005223- 1 Downtown Road and Streetscape Improvements(Bond 2014) E15098 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 $ 736,683.85 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 Downtown Road and Streetscape Improvements(Bond 2014) E15098 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 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 Downtown Road and Streetscape Improvements(Bond 2014) E15098 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 Downtown Road and Streetscape Improvements(Bond 2014) E15098 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 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev 06-22-2016 ATTEST �.} CITY OF CORPUS CHRISTI Rebecca HUeI La Date:l01901. 7yRebec7a 6'00' 2019 01 02 14 05z4000 s Date:2019.01.07 11:19:47-06'00' ve@��,,.a,.�m.c-05 Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-234 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 1 2/04/1 8 RH/ML DDN"—RL tySc-ly-=C�yS- ­ _' mail�noniquel@cdexes. ,_S ( Digaally eg dby—Mcllyar Date.2019.01.0709.2944-05'00' DN'.cn Kent Mcllyer o ou emal kentmc@cctexes.com i' s Date.2018.12.20 15.54 40-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Mako Contracting, LLC Gabriel GoodmanDate: signed by Gabriel Goodman G (Seal Below) By; V Date:2018.12.0514:25:48-06'00' 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, Suite B153 Financial Officer Address Corpus Christi, TX 78411 City State Zip 361/561-6256 Phone Fax gg@makocontracting.com Entail END OF SECTION Agreement 005223-6 Downtown Road and Streetscape Improvements(Bond 2014) E15098 Rev06-22-2016 00 6113 PERFORMANCE BOND BOND NO. 1001126508 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 S. Alameda, Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. E15098 Downtown Road and Streetscape Improvements (Bond 20141 Award Date of the Contract: December 4, 2018 Contract Price: $736,683.85 Bond Date of Bond: December 7, 2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: American Contractors Indemnity Company dba Texas Bonding Company Mailing address (principal place of business): 801 South Figueroa Street, Ste 700 Los Angeles, CA 90017 Physical address (principal place of business): 801 South Figueroa Street, Ste 700 Los Angeles, CA 90017 Surety is a corporation organized and existing under the laws of the state of: California By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): (972) 930-0641 Telephone (for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Robert G. Kanuth Address: 1814 Holly Rd. Ste B Corpus Christi, TX 78417 Telephone: 972-772-7238 Email Address: rkanuthokandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond E15098 Downtown Rd and Streetscape Impr Bond 2014 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and al! liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal . o Contracting, LLC Signature: / Surety American Contractors Indemnity Company dba Texas Bondin ompany Signatur Name: ffad..r _( Name: Robert G. Kanuth Title: fi•f' Title: Attorney-in-Fact Email Address: /M4) Email Address: rkanuth@kandsins.com cy (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E15098 Downtown Rd and Streetscape Impr Bond 2014 006113-2 7-8-2014 American Contractors Indemnity Company dbaTexas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a,tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSTXM0008I I 0 .„,:4 TOKIO MARINE \,,k8H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth & Jarrett Willson of Rockwall, TX its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Ten Million Dollars ('."$10,000,000.00"' ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATE$,SURETX..COfjIPANY ,,U.S . PECIAL,Ty..INSURANCE COMPANY o•..... y'•,.,, ,i; `t:pill (; r•'•. :; ��g SUl .,, tm.(e,.,'., O. -. 30 "�acnxnw t By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of That document On this 1st day of June, 2018, before me, Sonia O. Carrejo, 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. .iLO •4+! ,9' _ I, Kio Lo, Assistant Secretary 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 Attomey, 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, have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 'VIBond day of e.c.e IIDeT , ,9-0 It 04.'4.4'.. .naq IN;Qi,., ,. `gigue%. ...'i`nsurp`I'..� Corporate Seals �%�,,�I✓�I >°o��. •....,,�,�, .tEt ... p, ; SE..........Fr °av , Bond No. 01 aii' ., ' pz _�€ arcarcauaa =;x c �;� _ o ::__._. 12 Signature (seal) 1 SOMA O. CARREJO Rotary Pobc • Ca:do.n, , lm Anti., County i Comrohwn 11139479 1 My Comm. EapitnAp: 23.2022 Agency No. 17042 visit tmhcc.com/surety for more information Kio Lo, Assi Secretary HCCSMANPOA0612018 >� /$ }� a. } p 00 6116 PAYMENT BOND BOND NO. 1001126508 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 S. Alameda. Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project E15098 Downtown Road and Streetscape Improvements (Bond 2014) Award Date of the Contract: December 4, 2018 Contract Price: $736.683.85 Bond Date of Bond: December 7, 2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety American Contractors Indemnity Company dba Name: Texas Bonding Company Mailing address (principal place of business): 801 South Figueroa Street, Ste 700 Los Angeles, CA 90017 Physical address (principal place of business): 801 South Figueroa Street, Ste 700 Los Angeles, CA 90017 Surety is a corporation organized and existing under the laws of the state of: California By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): (972) 930-0641 Telephone (for notice of claim): 1-800-486-6695 Local Agent for Surety Name: Robert G. Kanuth Address: 1814 Holly Rd. Ste B Corpus Christi, TX 78417 Telephone: 972-772-7238 Email Address: rkanuth@kandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form E15098 Downtown Rd and Streetscape Impr Bond 2014 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princip tracting, LLC Signature:// Surety American Contractors Indemnity Company dba Texas Bondin ompany Signature: Name: ‘ 8' (,ausL`.,..,. Name: Robert G. Kanuth Title: e,,fl— Title: Attorney -in -Fact Email Address: • L A . . , Email Address: rkanuth@kandsins.com Or Or (Attach Power of Attorney and place surety seal below) • END OF SECTION Payment Bond Form E15098 Downtown Rd and Streetscape Impr Bond 2014 00 61 16 - 2 7-8-2014 American Contractors Indemnity Company dbaTexas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection�a,,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionCa7,tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSTXM0008/ I 0 TOKIO MARINE �' HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth & Jarrett Willson of Rockwall, TX its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Ten Million Dollars ( ***S10,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. 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 Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 151 day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED S TA TES,SURET „COM.. PANY U.S:,..$..PECIAL7Y,n..IN,,.SU, RANCE COMPANY 4.0.` �tl.p.t•,c; C= 5.0 i -;,L :•'.i .. ....... _:;",. By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. yo :71 SOW40. 1-'1. U 1�RomM4Wty i Cor hwn l 2139473Signature (seal) My Can,. r.o__.+4o, 77, mu 1, Kio Lo, Assistant Secretary 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 Attomey, 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 Whereof, J have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this ' day of L))Cern` er , 07-0 It • Corporate Seals Bond No. 100112&60?) Agency No. 17042 visit tmhcc.com/surety for more information Kio Lo, AssiSecretary HCCSMANPOA0612015 12/07/2018 K&S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 Natasha Felts (972) 772-7256 (972) 771-4695 nfelts@kandsins.com Mako Contracting LLC 3636 Alameda Suite B #153 Corpus Christi TX 78411 The Cincinnati Insurance Co.10677 Hanover Insurance Company 22292 A EPP0305105 01/27/2018 01/27/2019 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Employee Benefits Liability 1,000,000 A EBA0305105 01/27/2018 01/27/2019 1,000,000 Uninsured motorist combined single limit 100,000 A EPP0305105 01/27/2018 01/27/2019 2,000,000 2,000,000 B Contractor's Equipment IHD D477988 01/27/2018 01/27/2019 Leased/ Rented Equip $100,000 Project #: E15098 Downtown Road and Streetscape Improvements See attached for additional information. City of Corpus Christi 1201 Leopard St. Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 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. COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/18/2018 Sunz Insurance Solutions, LLC ID: (Halcyon HR Inc) 522 Scotland Drive Corpus Christi, TX 78418 262-504-3843 262-886-3947 United Wisconsin Insurance Company 29157 A WC536-00001-018-SZ 10/1/2018 10/1/2019 3 1,000,000 1,000,000 1,000,000 Rick Leonard Mark Denman mdenman@robertsonryan.com Halcyon HR Inc 522 Scotland Drive Corpus Christi TX 78418 45972472 3 Waiver of Subrogation in favor of all persons or organizations as required by written contract executed prior to the date of loss. Project: E15098 Downtown Road and Streetscape Improvements (Bond 2014) 782 City of Corpus Christi Engineering Services 1201 Leopard St. Corpus Christi TX 78401 Coverage Provided for all covered employees but not subcontractors of: Mako Contracting LLC Effective: 10/1/2018 Blanket waiver of subrogation applies as defined by the attached endorsement. 45972472 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/18/2018 11:39:50 AM (EST) | Page 1 of 3 IA 4087 08 11 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): Number of days notice (other than nonpayment of premium): A.If we cancel or nonrenew this policy for anystatutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.W e 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.W e 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. 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. 30 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 1 of 15 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 -W ork 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 2 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 (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11.Property Damage to Borrowed Equipment Each Occurrence Limit:$10,000 Deductible:$250 C.Coverages: 1.Employee Benefit Liability Coverage a.The following is added to SECTION I -COVERAGES:Employee Benefit Liability Coverage. (1)Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable,to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. W e may, at our discretion, investigate any report of an act,error or omission and settle any claim or "suit" that may re- sult. But: 1)The amount we will pay for damages is limited as described in SEC- TION III -LIMITS OF INSURANCE; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b)This insurance applies to damages only if the act,er- ror or omission, is negli- gently committed in the "administration"of your "employee benefit pro- gram"; and 1)Occurs during the pol- icy period; or 2)Occurred prior to the effective date of this endorsement provided: a)You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 3 of 15 i)Reports all, or any part, of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act,er- ror or omis- sion; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury,Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d)Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro- gram". (e)Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f)Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j)Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 4 of 15 ment-related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supplementary Payments SECTION I -COVERAGES, SUPPLEMENTARY PAY- MENTS -COVERAGES A AND B also apply to this Coverage. b.Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II -WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1)If you are designated in the Dec- larations as: (a)An individual,you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds,but only with respect to their du- ties as your officers or direc- tors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program". (b)Any persons, organizations or "employees"having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c)Your legal representative if you die,but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits of Insurance As respects Employee Benefit Liabil- ity Coverage,SECTION III -LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1)The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 5 of 15 (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit pro- gram". (2)The Aggregate Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the "administration"of your "employee benefit pro- gram". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions,regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The deductible amount stated in the Declarations applies to all damages sus- tained by any one "em- ployee", including such "em- ployee's"dependents and beneficiaries,because of all acts, errors or omissions to which this insurance ap- plies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those dam- ages; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act,error or omission, or claim, apply irrespective of the ap- plication of the deductible amount. (d)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as we have paid. d.Additional Conditions As respects Employee Benefit Li- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as fol- lows: (1)Item 2. Duties in the Event of Occurrence,Offense,Claim or Suit is deleted in its entirety and replaced by the following: 2.Duties in the Event of an Act,Error or Omission, or Claim or Suit a.You must see to it that we are noti- fied as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, no- tice should include: (1)What the act, error or omission was and when it occurred; and (2)The names and addresses of anyone who may suffer dam- 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 6 of 15 b.If a claim is made or "suit" is brought against any insured,you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit"as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices,sum- monses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act,error or omission to which this insur- ance may also apply. d.No insured will,except at that in- sured's own cost,voluntarily make a payment,assume any obligation, or incur any expense without our con- sent. (2)Item 5.Other Insurance is de- leted in its entirety and replaced by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is pri- mary except when c. below applies.If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in b. below. b.Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also.Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c.No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries,with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 7 of 15 in any benefit included in the "employee bene- fit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans"means plan authorized by applica- ble law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; den- tal,vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligi- bility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans,pro- vided that no one other than an "employee" may subscribe to such benefits and such benefits are made gen- erally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transporta- tion and health club subsidies. (2)The following definitions are de- leted in their entirety and re- placed by the following: 21."Suit"means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. 8."Employee"means a per- son actively employed, for- merly employed, on leave of absence or disabled, or re- tired. "Employee"includes a "leased worker". "Em- ployee"does not include a "temporary worker". 2.Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 8 of 15 3.Damage to Premises Rented to You a.The last Subparagraph of Paragraph 2. SECTION I -COVERAGES, COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE,2.LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c.through q.do not apply to damage by fire, explosion, light- ning,smoke or soot to premises while rented to you or temporarily oc- cupied by you with permission of the owner. b.The insurance provided under SEC- TION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects W ater Damage Le- gal Liability,as provided in Paragraph 3.b. above: The exclusions under SECTION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY,2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con- tract; or 2)Loss caused by or re- sulting from any of the following: a)Wear and tear; b)Rust, corrosion, fungus, decay,de- terioration, hidden or latent defect or any quality in property that causes it to dam- age or destroy it- self; c)Smog; d)Mechanical break- down including rupture or bursting caused by cen- trifugal force; e)Settling,cracking, shrinking or ex- pansion; or f)Nesting or infesta- tion, or discharge or release of waste products or secretions, by in- sects, birds,ro- dents or other animals. (b)Loss caused directly or indi- rectly by any of the follow- ing: 1)Earthquake, volcanic eruption, landslide or any other earth move- ment; 2)Water that backs up or overflows from a sewer, drain or sump; 3)Water under the ground surface pressing on,or flowing or seeping through: a)Foundations, walls, floors or paved surfaces; b)Basements, whether paved or not; or c)Doors,windows or other openings. (c)Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or fire protection systems caused by or resulting from freez- ing, unless: 1)You did your best to maintain heat in the building or structure; or 2)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)Loss to or damage to: 1)Plumbing,heating,air conditioning,fire pro- tection systems,or other equipment or ap- pliances; or 2)The interior of any building or structure, or to personal property in the building or structure caused by or resulting from rain, snow, sleet or ice,whether driven by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 9 of 15 c.Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2)Paragraph 6.of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence"to which this insurance applies. (3)The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3.Dam- age to Premises Rented to You of this endorsement. 4.Supplementary Payments Under SECTION I -COVERAGE,SUP- PLEMENTARY PAYMENTS -COVER- AGES A AND B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B.Limits of Insurance, 4.b.Loss of Earnings of this en- dorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6.Voluntary Property Damage and Care, Custody or Control Liability Coverage a.Voluntary Property Damage Cov- erage We will pay for "property damage"to property of others arising out of op- erations incidental to the insured's business when: (1)Damage is caused by the in- sured;or (2)Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b.Care, Custody or Control Liability Coverage SECTION I -COVERAGES,COV- ERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j. Damage to Prop- erty, Subparagraphs (3), (4)and (5) do not apply to "property damage"to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a.The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B.Limits of Insurance, 6.Voluntary Property Damage and Care,Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits of Insur- ance, 6.Voluntary Property Dam- age and Care,Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations making claims or bringing "suits". b.Deductible Clause (1)Our obligation to pay damages on your behalf applies only to 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 10 of 15 cess of the deductible amount stated in Section B.Limits of Insurance, 6.Voluntary Prop- erty Damage and Care,Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2)Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly re- imburse us for such part of the deductible amount as has been paid by us. 7.180 Day Coverage for Newly Formed or Acquired Organizations SECTION II -WHO IS AN INSURED is amended as follows: Subparagraph a.of Paragraph 4.is hereby deleted and replaced by the fol- lowing: a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8.Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongo- ing operations or "your work" done under a written contract requiring such waiver with that person or organization and in- cluded in the "products-completed opera- tions hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring "suit"or transfer those rights to us and help us en- force those rights. 9.Automatic Additional Insured -Speci- fied Relationships a.The following is hereby added to SECTION II -WHO IS AN INSURED: (1)Any person or organization de- scribed in Paragraph 9.a.(2)be- low (hereinafter referred to as additional insured)whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a)A written contract or agree- ment; or (b)An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a)The written or oral contract or agreement is: 1)Currently in effect or becomes effective dur- ing the policy period; and 2)Executed prior to an "occurrence" or offense to which this insurance would apply; and (b)They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional insureds is limited as provided herein: (a)The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1)above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: 1)Any "occurrence" which takes place after you cease to be a tenant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 11 of 15 half of such additional insured. (b)Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c)Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance, but only with re- spect to "bodily injury"or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1)The insurance afforded the vendor does not apply to: a)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b)Any express war- ranty unauthorized by you; c)Any physical or chemical change in the product made intentionally by the vendor; d)Repackaging, unless unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; e)Any failure to make such inspec- tions, adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; f)Demonstration,in- stallation, servic- ing or repair op- erations, except such operations performed at the vendor's premises in connection with the sale of the product; g)Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor. 2)This insurance does not apply to any in- sured person or organi- zation: a)From whom you have acquired such products, or any ingredient, part or container, entering into, ac- companying or containing such products; or b)When liability in- cluded within the "products- completed opera- tions hazard" has Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 12 of 15 been excluded under this Cover- age Part with re- spect to such products. (d)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte- nance,repair, construc- tion, erection, or re- moval of advertising signs, awnings, cano- pies,cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2)The construction, erec- tion, or removal of ele- vators; or 3)The ownership, main- tenance, or use of any elevators covered by this insurance. (e)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing provisions: 1)This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2)This insurance does not apply to "bodily in- jury", "property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f)Any person or organization with which you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability arising out of "your work" performed for that additional insured by you or on your behalf.A person or organi- zation's status as an insured under this provision of this endorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the expiration date of this Coverage Part. If there is no written contract or agreement,or if no pe- riod of time is required by the written contract or agreement, a person or or- ganization's status as an in- sured under this endorse- ment ends when your op- erations for that insured are completed. (3)Any insurance provided to an additional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e)and (f) does not apply to "bodily in- jury" or "property damage" included within the "prod- ucts-completed operations hazard"; (b)Subparagraphs (a), (b), (d), (e)and (f)does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the ad- ditional insured or their agents, "employees" or any other representative of the additional insured; or (c)Subparagraph (f)does not apply to "bodily injury", "property damage"or "per- sonal and advertising injury" arising out of: 1)Defects in design fur- nished by or on behalf of the additional in- sured; or 2)The rendering of,or failure to render,any professional architec- tural, engineering or surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 13 of 15 a)The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or- ders,change or- ders or drawings and specifications; and b)Supervisory,in- spection, architec- tural or engineer- ing activities. 3)"Your work" for which a consolidated (wrap-up) insurance program has been provided by the primecontractor-project manager or owner of the construction project in which you are in- volved. b.Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2)Sub- paragraph (f)above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part,whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part.The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c.SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1)Condition 5. Other Insurance is amended to include: (a)Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and /or noncon- tributing, whichever applies, with this insurance. (b)Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1)As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS,5. Other Insurance,b. Excess Insurance; or 2)For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorsement shall also be excess. (2)Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11.Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a.Be provided by the In- surance Services Office additional insured form number CG 20 10 or CG 20 37 (where edi- tion specified); or b.Include coverage for completed operations; or c.Include coverage for "your work"; and where the limits or cov- erage provided to the addi- tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above,or any combination thereof, shall be interpreted as providing the limits or 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 14 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever,the written contract or agreement specifies the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a)and 9.a.(3)(b)of this endorsement shall not apply and Paragraph 9.b.of this endorsement shall ap- ply. 10.Broadened Contractual Liability -Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1)of Definition 12."Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11.Property Damage to Borrowed Equip- ment a.The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE A.BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B.Limits of Insurance, 11.of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced.The Limits of Insurance shown in Section B.Limits of Insurance, 11.of this endorsement fix the most we will pay in any one "oc- currence"regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bring "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B.Limits of Insur- ance, 11.of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b)Condition 2. Duties in the Event of Occurrence,Of- fense,Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12.Employees as Insureds -Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d)of SECTION II -WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13.Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit (SECTION IV -COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- 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 15 of 15 (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". AA 4172 09 09 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: 1/27/2017 Policy Number: 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 SECTION IV BUSINESS AUTO CONDI TIONS, A Loss Conditions, 5 Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in sured contract" AA 4171 11 05 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: 1/27/2017 Policy Number: 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". IA 4087 08 11 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): Number of days notice (other than nonpayment of premium): A.If we cancel or nonrenew this policy for anystatutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.W e 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.W e 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. 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. 30 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 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 Sche dule. 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 Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by __________________________________________ WC 42 03 04 B (Ed. 6-14) Halcyon HR Inc WC536-00001-018-SZ 10/01/2018 United Wisconsin Insurance Company 45972472 45972472 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/18/2018 11:39:50 AM (EST) | Page 2 of 3 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) 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 cancelation 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 Days 2. Notice will be mailed to: 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 Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by___________________________________________ WC 42 06 01 (Ed. 1-94) Halcyon HR Inc 10/01/2018 United Wisconsin Insurance Company City of Corpus Christi Engineering Services 1201 Leopard St. Corpus Christi TX 78401 45972472WC536-00001-018-SZ 45972472 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/18/2018 11:39:50 AM (EST) | Page 3 of 3