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C2017-541 - 9/12/2017 - Approved
2017-541 9/12/17 M2O17-135 Progressive Commercial Aquatics 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 12,2017,is between the City of Corpus Christi (Owner)and Progressive Commercial Aquatics.Inc. (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: West Guth Pool Renovations(Bond 20121 Project No. E14007 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Turner I Ramirez Architects 3751 S.Alameda St Corpus Christi,TX 78414 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 210 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 240 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23-1 West Guth Pool Renovations(Bond 2012)Project No.E14007 Rev 06-11-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF NORTH PADRE ISLAND BEACH ACCESS ROAD 2 ( Bond 2014) PROJECT NUMBER: E16452 r � * A9COS.YBARRA� ..........100196 ,SN5�p`.��' '©N.... ���: cityoff' Corpus Christi GOVIND .DEVELOPMENT, LLC TBPE Firm No. 10101 9510 Leopard, Corpus Christi, TX (361)241-2777 Record Drawing Number: STR 935 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Rev o1-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience (Rev06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Rev 01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule Table of Contents 000100- 1 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 014000 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 02 10 20 Site Clearing and Stripping 021040 Site Grading 02 20 40 Street Excavation 02 20 80 Embankment 02 56 20 Portland Cement Concrete Pavement 02 58 02 Temporary Traffic Controls During Construction 02 58 07 Pavement Markings (Paint and Thermoplastic) 02 58 13 Preformed Thermoplastic Striping, Words and Emblems 02 58 16 Raised Pavement Markers DMS 4200 Pavement Markers (Reflectorized) DMS 6130 Bituminous Adhesive For Pavement Markers 03 00 20 Portland Cement Concrete 03 20 20 Reinforcing Steel 03 80 00 Concrete Structures Part T Technical Specifications 10 00 01 T Signs 10 00 02 Small Roadside Sign Assemblies Appendix Title 1 Geotechnical Report 2 Nueces County- Dune Protection Permit (DPP-0916-01p) END OF SECTION Table of Contents 000100-2 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 Division 00 Procurement and Contracting Requirements 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Name of Prosect: North Padre Island Beach Access Road 2(Bond 2014) Owner's Project Identification No.: E16452 A. Reconstruct approximately 1450 LF of existing 2-lane roadway. Install 3310 SY of Concrete Pavement. Remove existing road side signs and replace with new signs and assemblies. Install new pavement markings. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $469,000. The Project is to be substantially complete and ready for operation within 90 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 July 26,2017 Wednesday at 2:00pm to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi Invitation to Bid and Instructions to Bidders 002113- 1 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -North Padre Island Beach Access Road 2 (Bond 2014), Project No. E16452 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 July 26,2017 Wednesday at 2:00pm, at the following location: City Hall Building— City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on July 18,2017 Tuesday at 9:30am at the following location: City Hall Building— City of Corpus Christi Third Floor Parks and Recreation Department Smart Board Conference Room 1201 Leopard Street, Corpus Christi,Texas 78401 Bids will not be accepted from Bidders who do not attend the conference. It is the Bidders' responsibility to sign in at the pre-bid conference to verify their participation. ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-2 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. 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. Invitation to Bid and Instructions to Bidders 002113-3 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the 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 Invitation to Bid and Instructions to Bidders 002113-4 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. 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 Invitation to Bid and Instructions to Bidders 002113-5 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest 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%. Invitation to Bid and Instructions to Bidders 002113-6 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in 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 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 North Padre Island Beach Access Road 2(Bond 2014) E16452 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 North Padre Island Beach Access Road 2(Bond 2014) E16452 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required . Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk (All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required . Not Required Insurance Requirements 00 72 01- 1 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01-4 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 00 72 01-8 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements 00 72 01-9 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal is submitted by Mo-Con Services, Inc. (type or print name of company) on:July 26,2017 Wednesday at 2:00pm for North Padre Island Beach Access Road 2 (Bond 2014), Project No. E16452. 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 .;v,rv,1.Livcastuj>��.cor- 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 - North Padre Island Beach Access Road 2 (Bond 2014), Project No. E16452 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt No. 1 8-2-2017 ^� No. 2 7-27-2017 Bid Acknowledgement Form 00 30 00- 1 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder,and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 003000-2 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 01-13-2016 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. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 North Padre Island Beach Access Road 2(Bond 2014)E16452 ReV01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 90 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 120 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 fallowing are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev01-13-2036 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11–BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Mo-Con Services, Inc. (typed or printed full legal name of Bidder) By: fnvv- (individual's signature) Name: Ruben Moya (typed or printed) Title: President A—WMedr printed) Attest: (individu 's signature) State of Residency: Texas Federal Tax Id. No. 47-2572491 Address for giving notices: 5151 Flynn Pkwy Ste. 300 Cornus Christi, TX 78411 Phone: 361-334-2768 Email: ruben@mo-conservcies.com (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) Bid Acknowledgement Form 003000-5 North Padre Island Beach Access Road 2(Bond 2014)E16452 ReY01-13.2016 END OF SECTION Bid Acknowledgement Form 003000-6 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 01-13-2016 00 30 01 BID FORM Proiect Name: North Padre Island Beach Access Road 2 (Blind 2014) Project Number: E16452 Owner: City of Corpus Christi Bidder: Mo-Con Services, Inc. OAR: Desig= GOVIND DEVELOPMENT, LLC. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 $12,117.50 $ 12117.50 A2 Temporary Traffic Controls Sign Boards EA 2 $9,536.80 $19,073.60 A3 Traffic Control Plan Items(Traffic Devices) MONTH 3 $1,122.23 $3,366.69 A4 Traffic Control Plan and Prep LS 1 $6,772.70 $6,772.70 AS Storm Water Pollution Prevention Plan During Contruction LS 1 $7,539.05 $7,539.05 A6 Rock Filter Dam EA 2 $1,968.28 $3,936.56 A7 Bonds and Insurance LS 1 $15,720.00 $15,720.00 SUBTOTAL PART A-GENERAL(Items Al thru A7) $68,526.10 Part 8-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) BS Site Clearing and Stripping ACRE 1 $21,765.65 $21,765.65 B2 Street Excavation SY 950 $9.90 $9,405.00 B3 Embankment(Compacted Fill) SY 750 $35.60 $26,700.00 B4 Embankment(Shoulder) SY 1450 $10.26 $14,877.00 B5 Cement Stabilized Backfill SY 760 $38.58 $29,320.80 B6 7" Continuously Reinforced Concrete Pavement(CRCP) SY 3310 $69.97 $231,600.70 Reflective Pavement Marking(Type 1) (Yellow) (4" B7 Double) LF 1418 $1.88 $2,665.84 B8 Reflective Pavement Marking(Type 1)(White)(4"Solid) LF 2850 $0.94 $2,679.00 Reflective Pavement Marking (Type 1)(White)(24"Solid 69 Stop Bar) LF 12 $26.09 $313.08 B10 JRaised Pavement Markers (Type ]I-A-A) EA 36 $8.70 $313.20 B11 Aluminum Signs(Type A, includes assembly) EA 11 $314.28 $3,457.08 B12 Sign Post EA 11 $516.74 $5,684.14 B13 Allowance for Unanticipated Street Improvements LS 1 $20,040 $20,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 81 thru B13) $368,781.49 ADDENDUM NO. 2 Bid Form ATTACHMENT NO. 1 page 1 of 2 North Padre Island Beach Access Road 2(Bond 2014)E16452 SHEET 1 OF 2 ReV01-13-2016 00 30 01 BID FORM Part C-ADDITIVE ALTERNATE NO. 1 (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT C1 Excavation Counter-Sink SY 470 $22.38 $10,518.60 C2 Embankment(Compacted Fill SY 470 $27.96 $13141.20 C3 Delete Item B5 entirely SY -760 $38.58 $(29,320.80) SUBTOTAL PART C-ADDITIVE ALTERNATE NO.1(Items C1 thru C3) $(5,661.00) Part D-ADDITIVE ALTERNATE NO.2(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT D1 2"Waterline LF 1600 $6.90 $11,040.00 D2 2"Gate Valve with Box and Cover EA 2 $1,552.35 $3,104.70 D3 2" Plug EA 2 $602.60 $1,205.20 SUBTOTAL PART D-ADDITIVE ALTERNATE NO.2(Items D1 thru D3) $15,349.90 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A7) $68,526.10 SUBTOTAL PART B-STREET IMPROVEMENTS (Items B1 thru B13) $368,781.49 TOTAL PROJECT BASE BID(PARTS A THRLI B) $437.307.59 SUBTOTAL PART C-ADDITIVE ALTERNATE NO. 1 Items C1 thru C3)* (5,661.00 TOTAL PROJECT ADDITIVE ALTERNATE NO. 1 (PART C)* (5,661.00) *Contractor guarantees additive alternate bid Prices for sixty(60) days after construction award SUBTOTAL PART D-ADDITIVE ALTERNATE NO. 2 (Items D1 thru D3)* $15,349.90 TOTAL PROJECT ADDITIVE ALTERNATE NO.2 PART D)* $15,349.90 *Contractor guarantees additive alternate bid prices for six 60 days after construction award Contract Times Bidder agrees to reach Substantial Completion in 1 90 Idays Bidder agrees to reach Final Completion in 1 120 Idays ADDENDUM NO. 2 Bid Form ATTACHMENT NO. Page 2 of 2 North Padre Island Beach Access Road 2(Bond 2014)E16452 SHEET 2 OF 2 ReV01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder"refers to a person whose principal place of business is in this state,including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑ Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 North Padre Island Beach Access Road 2(Bond 2014)E16452 11-25-2013 00 30 05 Cir of Corpus ChftU asclosure of interest SUPMNMBER � SSIGNED8yrnv — PUteCHAStNG DIVISM •••�•^•• CITY i OF CORPUS CHRISTI Chfnd DISCLOSURE OF INTEREST of Corpus Christi Ordinance 17112,as amerce requires all persons or fums seeking to do business the C' to provide the following information. Every question must be answered. If tate question is not aanswer Wit See reverse side for Filing Requirements, Cectiti&wm and COMPANY NAME: Mo-Con Services,Inc. P.O.®OX: SfR2I;ET ADDIWA& 5151 Flynn Pkwy Ste. 300 CITY: Corpus Christi Z1iP: 78411- FIRM IS: 4I.. A� ® 32.. Oder puuwWp e 3. Sok Owtaer ❑ DISCLOSURIt QUb>:.MONS If additional space is�,please use the reverse side of tillsp�or attach separate sheet: 1. State the names of each employee" of the C'uy of Corpus Msd having an "ownership interest" constituting 3%or more of the ownership in the abmre nanw"Rnn:' Name Job Title and Chy 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 nares 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 dee subject of this contract and has an "ownership int xur constituting 3%or more of the ownership in the above named"tine." Name Consultant City of Corpus Christi 003005-1 Obdosure of tnterest ftv ot-s3-sms FILING P� >�lEN1 a If a persalt who requests official action an a matter that thee requested action will confer an ecommic benefit an any City official or employee that is tlistingnhishabk*om the effect that the action will have on members of the public in general or a substantial segment thereof, ou sf I disclose that fact ina.signed writing to the City official,maplaayyee or body that has ban requested to act in the matter, unless iha interest ofthe City official a 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 knowingly that all d�losmof aryl fo Inforue mation as of and that supplemental ost�lestatement have will be pt+on pt submitted to the City of Corpus Chdstt,Texas as changes occur. Certifying Person: Ruben Moya Title: President trs4eorpdo) Siontu re a Certifyintg hate: 8-2-2017 Fersov. DEFINMONS a. "board member." A member of any board, commission, or committee appointed by the City Council ofthe 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 haat 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 dna City of corpus Christi,Texas either on a full or part- time basis,but not as an independent contractor. d. `Firm." Any entity operated far 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 firm of sole proprictoahiX as self-employed person.partnership,corporation,joint stock empauy,joint venture, receivership or trust, and entities which for purposes of taxation are treated as ooh-prora organisations. e. "Official." The Mayor, members of the City Cow U, City Manager, Deputy City Marker, Assistant City Managers,Department and Division Heads,and Municipal Coat Judges of the City of Corpus Christi,Texas. L "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a fain, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or contra] established dvvagh voting trusts, proxies, or special tams of venture or partnership its." 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 Disdosure of Interest P-04 01-19-2W FDMG R1UIItEMEN1'S if a person who requests official action on a matter ws that the requested action will confer an economic benefit on any City official or employee that is d1+sd5+am the effect that the action will have on members of the public in general or a Met thereof, shall disclose dltat feet in a signed writing W the City official,employee or body that has beer act in the matter, unless relic 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�. [Ethics Onrdmatm Section 2349(cA] CERTIFICATION I ce tify that all information provided is true and correct as ofthe date of this stamicid,that 1 have not "y withheld disclosure of any information requested;and that supplemental � will be pro mpt submitted to the City of Corless Christi,Texas as changes occur. CertffyingPerson: Ruben Moya Title: President F of ag D*a' 8-2-2017 DEFINMONS 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 dot is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable fmm its effect on members of the public in Wmetal or a substatnial 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. "Fan." Any entity operated for economic gain,whether professional,industrial or commercial,and whether estahlished to produce or deal with a product or service,including but not limited to,entities operaed 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 Mir, Deputy City Manager, Assistant City Managers.Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a f % including when such interest is held through an agent, trust, estate, or holding curtly. �tively held" refers to holdings or control established through voting vests, proxies, or special terms of ventm or partnership agrcemeute 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. OW of Corpus Orw 003005-2 Disclosure of Interest stew of 13-xoss 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: North Padre Island Beach Access Road 2(Bond 2014)E16452 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: Mo-Con Services, Inc. (typed or printed) By: Vjk (si ature--attach evidence of authority to sign) Name: Ruben Moya (typed or printed) Title: President Business address: 5151 Flynn Pkwy Ste. 300 Corpus Christi,TX 78411 Phone: 361-334-2768 Email: ruben@mo-conservices.com END OF SECTION Non-Collusion Certification 003006-1 North Padre Island Beach Access Road 2(Bond 2014)E16452 11-25-2013, INS RS INDIM\ITY COUrk!:II PBC 877 282 1625 225 S-outh Fifth Street Bonds 800 933 7444 PO Box 2683 Waco,Texas 76742.2683 BID BOND Bond No. CNB-24898-00 KNOW ALL MEN BY THESE PRESENTS: THAT we, Mo-Con Services, Inc , as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi , as Obligee, hereinafter called the Obligee, in the amount of 5 % of the amount of this bid not to exceed 5% of the Greatest Amount Bid Dollars ($ 5% of GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for North Padre Island Beach Access Road 2 (Bond 2014),Proiect No. E16452 NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 2nd day of August =7- _ Principal: Mo-Con Services Inc By: w4— - (title) Surety: INSURORS EMNITY COMPANY - (Seal By: _ - �/ri'dlb Balolong,Atta ey-in-Fact insurorsindemnity.com � �. - - ,., : . ; . _ r' ; . . ._ . , . , . ..y - _ ,_,.�_.., ___.._-�--_-- -- r� .. ; ". ♦y - .l 4°�;n": "r;° a . ; :� �, %' r :� � __ i Lr " ''f .� t� . /,,,J• _ r� -= _ -rjr r�i� 1V 1' S UT�r�� Imul rWil COMPAN'k5 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL. PERSONS BY THESE PRESENTS: Number: CNB-24858-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attest: r. i� •, tr'3. 1�=`��' -F B Tammy Tiepermtd, Secretary Dave E. Talbert, President State of Texas County of McLennan On the 11'" day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman,who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of theo party. CWM /lel hawyPi sum ofT=t M%� a&m" u (,t� Loy Cann Fp,sl2 M otary Public, State of Texas NO"ID � Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. 1, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this RessOutton is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revolved. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 2n.d day of August 2017 ♦ i Tal7r y ieperrt, S'ecre arp NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY. PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2883,WACO,TEXAS 78702-2683 OR EMAIL US AT COI+IFIRMATIQNRbINSURORS.COM. �'. .- , _: _ .. .. .n -N-- .> ,, . til� VVfir ���,�� ,. - i. .. . i '.+.�f s �d .� �„ � ` - .., ry.P�C,.l Table 1—Organization Information Organization doing business as: I Mo-Con Services, Inc. Business Address of Principal Office 5151 Flynn Pkwy Ste. 300 Corpus Christi,TX 78411 Telephone No. 1 361-334-2768 Website I www.mo-con(&-mo-conservices.com Form of Business(check one) ® Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Texas Date of Incorporation 612014 Chief Executive Officer's Name Ruben Moya President's Name Ruben Moya Vice President's Name(s) Secretary's Name Same Treasurer's Name Same If a Partnership Date of Organization Form of Partnership: ❑General 11 Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies,Firms,or Organizations Percent Ownership Organization History List of names that this organization currently,has,or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-4 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: I Mo-Can Services, Inc. Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR)History for the last 3 years. Provide documentation of the EMR. Year J EMR I Year I I EMR I Year I I EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. No Statement of Experience 004516-5 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 2—Project Information Organization doing business as: Proposed Project Organization Mo-Con Services,Inc. Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Ruben Moya Superintendent Safety Manager April Rodriguez Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio(EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year I EMR Year EMR Year EMR Subcontractor Year I EMR Year EMR Year EMR Statement of Experience 004516-6 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Mo-Con Services,Inc. Proiect Information Project Hazel Basemore Revene Buffle Sytem Name I Stabilization Description Reference Contact Information Project Owner Nueces County Name/Title Mike Pusle -Nueces Coun Telephone 361-888-0426 Email Project Designer Govind Development Project Budget and Performance Original Final Contract #Contract #Days Contract Price $135,000.00 Price $135,000.00 Days 90 Late 0 Issues/Claims/ Litigation: Project Information Project Hilltop Community Nature Park Name Enhancement Phase I-CMP 18 Description Hike and Bike Trail Reference Contact Information Project Owner Nueces County Name/Title Mike Pusi -Nueces Coun Telephone 361-888-0426 Email Project Designer LNV, Inc. Project Budget and Performance Original Final Contract #Contract #Days Contract Price $128,334.98 Price Days Late Issues/Claims/ Litigation: Proiect Information Project Hilltop Community Nature Park Description Name I Enhancement CMP 19 Hike and Bike Trail Reference Contact Information Project Owner Nueces County Name/Title Mike Pusle -Nueces County Telephone Email Project Designer 361-888-0426 Project Budget and Performance Original Final Contract #Contract #Days Contract Price $59,290.00 Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: I (Y10— 'tFmV:r--r4> ). , Project Information Project 2016 City of Bishop Street Description Street Reconstruction Name I Improvements Fema Reference Contact Information Project Owner City of Bishop Name/Title City Mayor Telephone 361-584-2567 Email Project Designer CNV, Inc. Project Budget and Perfornmance Original Final Contract #Contract #Days Contract Price $106,563'00 Price $111,023.00 Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Infonmation Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 3—Projects Awarded during the Last S Years—Not including City of Corpus Christi Projects Organization doing business as: b- Y+ rjF,•�/L,/'i t 1 S U Project Information Ay Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-9 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I Mo-con Services Inc. Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past fire(5)years?List Citations below (date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense,if any,and the penalty assessed. None Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any,and the penalty assessed. None Has the Bidder,within the past ten(10)years,been convicted of a criminal offense or been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death?List convictions or judgments below and provide full details in a separate attachment if yes. None The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? g1Ves ❑ No 2 Does the Bidder conduct regular construction site safety inspections? Oes ❑ No 3 Does the Bidder have an active construction safety training program? Yes ❑ No 4 Does the Bidder,or affected subcontractor,have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation i/Yes ❑ No ❑ N/A C. Cranes&Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516-10 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Macon Services, Inc. E. Fall Protection ❑ Yes o No o N/A F. Confined Spaces o Yes ❑ No o N/A G. Material Handling ❑ Yes ❑ No o N/A H. Demolition VYes ❑ No o N/A I. Steel Erection o Yes o No o N/A J. Underground Construction V Yes o No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS")Category 23 for each of the past five(5)years?Provide the ❑Yes ❑No Bidder's OSHA 300 and 300A logs for the past five(5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidder's NCCI workers'compensation experience rating sheets for the past five(5) ❑Yes ❑No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6)months?Provide 7 documentation showing the nature of the inspection,the findings,and the o Yes ❑ No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516-11 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 Table 5—Demonstrated Minority,MBE,DBE Participation Organization doing business as Mo-con Services, Inc. Project Subcontractors and Suppliers Provide a list of anticipated Minority,MBE,DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price Statement of Experience 004516-12 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information,Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: Mo-Con Services, Inc. i �(� (typed or printed) By: ``� 1 ' 'ov.,/ (individual's signature) Name: Ruben Moya (typed or printed) Title: President (typed or printed) Designated Representative: Name: Ruben Moya Title: President Address: 5151 Flynn Pkwy Ste. 300 Corpus Christi,TX 78411 Telephone No.: 361-334-2768 Email: ruben@mo-conservcies.com END OF SECTION Statement of Experience 00 45 16-13 North Padre Island Beach Access Road 2(Bond 2014)E16452 Rev 06-22-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 26,2017, is between the City of Corpus Christi (Owner) and Mo-Con Services, Inc. (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: North Padre Island Beach Access Road 2(Bond 2014) E16452 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Govind Development, LLC 9510 Leopard Street Corpus Christi,Texas, 78410 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 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 120 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement 005223- 1 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 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$1,000 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 +Additive Alternate#1 $ 446,996.46 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 005223-2 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 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. 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; Agreement 005223-3 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 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. 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. Agreement 005223-4 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 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 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signed bc by Rebecca Huerta Dieit iiv 9 tl by d,Etl a DNC, eRebeCCa Cuerta O Dm. ffi E@ ontls E�gineenng, 'I r be cah@ ctexascom c US ai 7lneye@eaexn. -us Date 20171018095751 0500 Date:20n.10,16 15,40,17 0500' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: M2017-155 AUTHORIZED 2017.10.16 12:34:39 BY COUNCIL 9/26/17 -0500' RH/M L Digitally signed by RH/ML Assistant City Attorney Date:2017.10.18 09:05:48-05'00' ATTEST(IF CORPORATION) CONTRACTOR } Digitally signed by Karen Just Karen Just Date:2017.09.2909:23:58-05'00' Mo-Con Services, Inc. Ruben y bMoya Digitally signed by Ruben Moya (Seal Below) By: Date:2017.09.2909:20:30-05'00' Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 5151 Flynn Pkwy, Suite 300 Financial Officer Address Corpus Christi, Texas 78411 City State Zip 361/334-2768 Phone Fax ruben@mo-conservices.com EMail END OF SECTION Agreement 005223-6 North Padre Island Beach Access Road 2 (Bond 2014) E16452 Rev06-22-2016 006113 PERFORMANCE BOND BOND NO. CNB-24898-00 Contractor as Principal Surety Name: Mo-Con Services,Inc. Name: INSURORS INDEMNITY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 5151 Flynn Pkwy.Ste 300 225 SOUTH FIFTH STREET Corpus Christi,TX 78411 WACO, TEXAS 76702 Physical address(principal place of business): Owner 225 SOUTH FIFTH STREET Name: City of Corpus Christi,Texas WACO, TEXAS 76702 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: TEXAS Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): E16452 North Padre Island Beach Access Road 2 800-933-7444 (Bond 2014) Telephone(for notice of claim): 800-933-7444 Local Agent for Surety HIGGINBOTHAM d/b/a SWANTNER & GORDON INS CE Name:AGENCY LLC Award Date of the Contract: September 26,2017 Address: 500 N. SHORELINE STE 1200 Contract Price: $446.996.46 CORPUS CHRISTI, TX 78401 Bond Telephone: 361-883-1711 Email Address: t Date of Bond: SEPTEMBER 29TH, 2017 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept of Insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 00 6113-1 E16452 North Padre Island Beach Access Road 2(Bond 2014) 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. If Contractor as P ' cipal Mo-ycyo�N SERVICES, INC. Surety INSUZZ7:�7� Signature: ! ' -✓ Signature: Name: RUBEN MOYA Name: TRICIA BALOLONG Title: PRESIDENT Title: ATTORNEY IN FACT Email Address: mo-con@mo-conservices.com Email Address: tbalolong@h `t; �z'm:xiet; (Attach Power of Attorney and ei eal1,be/6%y) .W END OF SECTION Performance Bond 006113-2 E16452 North Padre island Beach Access Road 2(Bond 2014) 7-8-2014 r I i �, , - � � .. : .. ., j . _ _ _ ,. ��, �` �- ��f�, tiC � -`��s�� Ski ;; v,4 �,y„ g-, Q_ i;,, _ r a � t'?,- - .,�� �o � �i���fr,�J� .;t'�,�.� INPtMNI lr 7:JMO.AI * POWER OF ATTORNEY of iNSURORS INDEMNITY COMPANY Waco,Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-24898-00 That iNSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi,State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed,all of the following classes of document,to-wit: Indemnity, Surety and Undertakings that may be desired by contract,or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company INSURORS INDEMNITY COMPANY Attest: " :'" _ * - - .-s' By. Tammy Tieperm , Secretary° Dave E.Talbert, President State of Texas County of McLennan On the 11',day of November, 2014, before me a Notary Public in the State of Texas, personally-appeared Dave E Talbert and Tammy Tieperrnan,who being by me duly sworn,acknowledged that they executed the above Power of Attorney In their capacities as President, and Corporate Secretary, respectively, of Insurors indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the o pang: srwltt�me. otary Public,State of Texas NO�tr Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11,2014: RESOLVED,that all bonds,undertakings,contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I,Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing its a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11,2014,and that this Resolution is in full force and effect.I certify that the foregoing Power of Attorney is in full force and effect and has not been revokedk• in Witness Whereof,I have sera my hand and the seal of INSURORS INDEMNITY COMPANY on this day of ' septemher � �✓ �1i Ta y iepe , .'etre NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THiS POWESJPq `XORNEY, PLEASE CALL 800 9337444 OR WRITE TO US AT P.O.BOX 2683,WACO,TEXAS 76702-2683 OR 9MA1L bS AT.o.-°` CONFIRMATIONCINSURORS.COM. �•'r } -_ fz . J INSURORS1 MNITY P.O.Box 2683 .225 South Fifth Street-Waco,Texas 76702-2683 www.insurorsindemrLity.comi-254-759-3700-Fax 254-755.6399 IMPORTANT NOTICE-AVISO E%1PORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Insurors Indemnity Company's toll-free Usted puede Hamar al numero de telefono gratis de telephone number for information or to make a complaint Insurors Indemnity Company's para informacion o para at: someter una queja al 1-800-933-7444 1-800-933-7444 You may also write to Insurors Indemnity Company at: Usted tanbien puede escribir a Insurors Indemnity P.O.Box 2683 Company: Waco,TX 76702-2683 P.O.Box 2683 Or Waco,TX 76702-2683 225 South Fifth Street O Waco,TX 76701 225 South Fifth Street Waco,'IX 76701 You may contact the Texas Department of Insurance to obtain information on companies,coverages,rights or Puede comunicarse con el Departamento de Seguros de complaints at Texas para obtener information acerca de companias, 1-800-252-3439 coberturas,derechos o quejas al You may write the Texas Department of Insurance at: 1-800-252-3439 P.O.Box 149104 Puede escribir al Departamento de Seguros de Texas: Austin,TX 78714-9104 P.O.Box 149104 Fax: 512475-1771 Austin,TX 78714-9104 Web: hn://www.tdi.state.tx.us Fax:512475-1771 E-mail: ConsumerProtection(@tdi.state.tx.us Web: h=://www.tdi.state.tx.us E-mail: ConsumerProtection(a)tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concemiente a su prima o a un about a claim,you should contact the agent or the reclamo,debe comunicarse con el agente o la compania company first. If the dispute is not resolved,you may primero. Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA.: This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se part or condition of the attached document convierte en parte o condicion del documento adjunto y esta dado para acatar con Section 2253.021 Government Code y Section 53.202,Property Code efectivo, Septiembre 1,2001. 006116 PAYMENT BOND BOND NO. CNB-24898-00 Contractor as Principal Surety Name: Mo-Con Services,Inc. Name: INSURORS INDEMNITY COMPAN Mailing address(principal place of business): Mailing address(principal place of business): 5151 Flynn Pkwy,Ste 300 225 SOUTH FIFTH STREET Corpus Christi,TX 78411 WACO, TEXAS 76702 Physical address(principal place of business): Owner 225 SOUTH FIFTH STREET Name: City of Corpus Christi,Texas WACO, TEXAS 76702 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: TEXAS Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): E16452 North Padre Island Beach Access Road 2 800-933-7444 (Bond 2014) Telephone(for notice of claim): 800-933-7444 Local Agent for Surety Name:HIGGINBOTHAM d/b/a SWANTNER & GORDON INS CE AGENCY LLC Award Date of the Contract: September 26,2017 Address: 500 N. SHORELINE STE 1200 Contract Price: 5446,996.46 CORPUS CHRISTI, TX 78401 Bond Telephone: 361-883-1711 Email Address: aendris@hi inbot a .n t Date of Bond: SEPTEMBER 29TH, 2017 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 00 61 16-1 E16452 North Padre Island Beach Access Road 2(Bond 2014) 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Band 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 a legal action. Contractoras P1 ncipal MO-CON SERVICES, INC. Surety I;ffSVRORS IL�I7F�PSi T Ab Y Signature: v .� 1• Signature: Name: RUBEN MOYA Name: ILIA BALOLONG Title: PRESIDENT Title: ATTORNEY IN FACT Email Address: mo-conomo-conservices.com Email Address: tbalolongftigginbotham.net (Attach Power of Attorney and place surety seal below) `0 � tell � END OF SECTION Payment Bond Form 006116-2 E16452 North Padre Island Beach Access Road 2(Bond 2014) 7-8-2014 t - � r:-,�. .. ... .- .�-, .. . .,.� .. .� :;: ._ .,. _, .. ,. ;. . . .. . .. ,. ... t. .. . . �. � r t. �� .�.t. ..,mow ;:�,\ /� _�� '. ` 1 ti�f -' V� r�.1-IR C�� � ''nC w' wM'"�� . l ��, ,\ i kNI!-, t1 1 INGkh%f4J 1.Ju 1•AP 0 POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-24898-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi,State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document,t0-wit: Indemnity, Surety and Undertakings that may be desired by contract,or may be given in any action or proceeding in any court of law or equity; Indamnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company INSURORS INDEMNITY COMPANY By Attest: Tam y Tieperm r, Secretary Dave E.Talbert, President State of Texas County of McLennan On the 11th day of November, 2014, before me a Notary Public in the State of Texas, personally'appeared Dave E. Talbert and Tammy Tiepennan,who being by me duly sworn,acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the o pang. 42% VNIM6111000 ad" Taft otary Public,State of Texas Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11,2014: RESOLVED,that all bonds,undertakings,contracts or other obligations may be executed in the name of the CoMpat)y by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf Of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instniment executed by such Attorneys In Fad shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I,Tammy Tieperrnan, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11.2014,and that this Resolution is In full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked;•:II"I"11 1n Witness Whereof,I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this,- ' day Of September zoic �✓ `'+a .� a� a° T y lepe , gecre a cn NOTE: IF YOU HAVE ANY DUES T ION REGARD114G THE VALIDITY OR WORDING OF THIS POWEFOpl%nTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P.O.BOX 2683,WACO,TEXAS 76702-2663 OR EtylAIL19�P,Tp°.•°` CONFIRMATIONQJNSURORS.COM. t i -rte' Z INSURORS 1 MNITY P.O.Box 2683 .225 South Fifth Street•Waco,Texas 76702-2683 www.insurorsindemnity.com•254-759-3700•Fax 254-755-6399 IMPORTANT NOTICE-AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Insurors Indemnity Company's toll-free Usted puede llarnar al numero de telefono gratis de telephone number for information or to make a complaint Insurors Indemnity Company's para informacion o para at: someter una queja al 1-800-933-7444 1-800-933-7444 You may also write to Insurors Indemnity Company at: Usted tanbien puede escnbir a Insurors Indemnity P.O.Box 2683 Company: Waco,TX 76702-2683 P.O.Box 2683 Or Waco,TX 76702-2683 225 South Fifth Street O Waco,TX 76701 225 South Fifth Street Waco,TX 76701 You may contact the Texas Department of Insurance to obtain information on companies,coverages,rights or Puede comunicarse con el Departamento de Seguros de complaints at Texas para obtener information acerca de companias, 1-800-252-3439 coberturas,derechos o quejas at You may write the Texas Department of Insurance at: 1-800-252-3439 P.O.Box 149104 Puede escribir al Departamento de Seguros de Texas: Austin,TX 78714-9104 P.O.Box 149104 Fax: 512475-1771 Austin,TX 78714-9104 Web: hU://www.tdi.state.tx.us Fax:512475-1771 E-mail: ConsumerProtection(@,,tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(7@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concemiente a su prima o a un about a claim,you should contact the agent or the reclamo,debe comunicarse con el agente o la compania company first. If the dispute is not resolved,you may primero. Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se part or condition of the attached document convierte en parte o condition del documento adjunto y esta dado para acatar con Section 2253.021 Government Code y Section 53.202,Property Code efectivo, Septiembre 1,2001. GATE(MM/DD/YYYY) .�► ® CERTIFICATE OF LIABILITY INSURANCE 09/26/2017 TREPRESENTA:TiVE ERTIFITE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ICATEES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . THERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED OR PRODUCER,AND THE CERTIFICATE HOLDER. TANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to ms 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). CONTACT PRODUCER SKIP CLIFT NAME: SKIP CLIFT INNOVATIVE INSURANCE AGENCY ucD"x E, .936-539-1115 FAX Ne: P.O.BOX 802 AurRIESs:INNOVATIVEINSCO AOL.COM CONROE,TX 77305 MINSURERO RDING COVERAGE NAILpINSURER A:ARCY INSINSURED INSURER B:ROCORUBEN MOYA INSURER c:TEXINS COMO-CON SERVICES,INC INSURER D:MAR P.O.BOX 644 INSURER E: SINTON,TX 78387 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL UBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X AGL0023210-00 3/10/17 3/10/18 EACH OCCURRENCE $ 1000000 A A TORE 50 000 CLAIMS-MADE 41 OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY❑JECT LOC $ OTHER' COMBINED INGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident BODILY INJURY'(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident HIRED AUTOS AUTOS $ B X UMBRELLALIAB OCCUR X RXSLWGR002942-00 218/17 2/8/18 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 000000 DED RETENTION$ i C WORKERS COMPENSATION 0001266767 4/22/17 4122!16 X STATUTE °R AND EMPLOYERS'LIABILITY ANVPROPRIETOR/PARTNER/EXECUTIVE Y/" ($1,000,000 COVERAGE E.L.EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? N/A UNDER UMBRELLA) E.L.DISEASE-EA EMPLOYEE $ 500,000 (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT It 500,000 DESCRIPTION OF OPERATIONS below D EQUIPMENT FLOATER TBD020116 2110/17 2/10/18 $40,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) PROJECT:E16452 NORTH PADRE ISLAND BEACH ACCESS ROAD 2(BOND 2014) IN THE EVENT OF CANCELLATION,A 30 NOTICE WILL BE PROVIDED TO CERTIFICATE HOLDER CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CORPUS CHRISTI-ENGINGEERING THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:CONSTRUCTION CONTRACT ADMIN. P.O.BOX 9277 AUTHORIZED REPRESENTATIVE CORPUS CHRISTI,TX 78469-9277 SKIP CLIFT ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and Joao are reaistered marks of ACORD DATE(MMlDD1YYYY) ,acoRo° CERTIFICATE OF LIABILITY INSURANCE 1010312017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: NATIONWIDE SALES SOLUTIONS INC PHONE FAX AlC No Ext): AIC,No 1200 LOCUST ST E-MAIL ADDRESS: ATTN SMALL BUSINESS SALES INSURER(S)AFFORDING COVERAGE NAIC# DES MOINES IA 50391-9995 INSURERA: ALLIED TEXAS AGENCY COLONIAL COUNTY MU 29262 INSURED INSURERB: NATIONWIDE MUTUAL INSURANCE COMPANY 23787 INSURER C: MO-CON SERVICES, INC INSURERD: 5151 FLYNN PKWY STE 300 INSURER E: CORPUS CHRISTI TX 78411-4318 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMlDD1YYYY MMlDD1YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE 1:1 OCCUR PREMISES (Ea o.u'rcoce) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER:El $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS X ACP BATX 3017575699 02/05/2017 02/05/2018 BODILY INJURY(Per accident) $ X X �/ NON-OWNED PROPERTYDAMAGE $ HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFF ICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Waiver of subrogation applies per form CA0444 30 day Notice of Cancellation applies per form IL7002 Project-Proj E 16452 North Padre Island Access Rd 2(Bond 2014) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Engingeering ACCORDANCE WITH THE POLICY PROVISIONS. Atten:Construction Contract Admin. AUTHORIZED REPRESENTATIVE PO Box 9277 Alma Rios Corpus Christi TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 000 Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE AGL0023210-02 10/4/2017 ARCH SPECIALTY INSURANCE 12:01 AM COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE Ruben Moya D/B/A Mo-Con Services, Inc. BASS UNDERWRITERS, INC-The Woodlands TX COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES COVERAGE EXTENSION: 00 AGLO106 00-WAIVER OF SUBROGATION ENDORSEMENT is ADDED. CG 20 10-ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION is ADDED. ENDORSEMENT NOTES: Form 00 AGLO106 00 WAIVER OF SUBROGATION ENDORSEMENT is endorsed. Form CG 20 10 ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION is endorsed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. "i•=scar, -���-.��r�_,� .1 _ Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 O Copyright, ISO Commercial Risk Services, Inc., 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 000 Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE AGL0023210-02 10/4/2017 ARCH SPECIALTY INSURANCE 12:01 AM COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE Ruben Moya D/B/A Mo-Con Services, Inc. BASS UNDERWRITERS, INC-The Woodlands TX COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES IT IS UNDERSTOOD AND AGREED THAT: © 1.PREMIUM ❑ 8.INCEPTION DATE ❑ 15.COVERAGE IS CANCELLED ❑ 2.ADVANCE PREMIUM ❑ 9.EXPIRATION DATE ❑ FLAT CANCELLATION ❑ 3.MINIMUM PREMIUM x❑ 10.TERMS ❑ SHORT RATE ❑ 4.RATE ❑ 11.NAME OF INSURED ❑ PRORATE ❑ 5.INSTALLMENT ❑ 12.ADDRESS OF INSURED ❑ MINIMUM EARNED PREMIUM ❑ 6.AUDIT 13.COVERAGE EXTENSION ❑ 16.OTHER ❑ 7.COVERAGE/LIMITS ❑ 14.REINSTATEMENT COMMERCIAL GENERAL LIABILITY COVERAGE PART $ 350.00 TX-Stamping Fee $ 0.53 TX-Surplus Lines Tax $ 16.98 TOTAL $ 367.51 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 0 Copyright, ISO Commercial Risk Services, Inc., 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 000 Number POLICY NUMBER POLICYCHANGES COMPANY EFFECTIVE AGL0023210-02 10/4/2017 ARCH SPECIALTY INSURANCE 12:01 AM COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE Ruben Moya D/B/A Mo-Con Services, Inc. BASS UNDERWRITERS, INC-The Woodlands TX COVERAGE PARTS AFFECTED GENERAL LIABILITY GENERAL LIABILITY CHANGES Loc Premium Pro Pro-Rated Subllne Class Description Basis Exposure Rate Premium Rata No Premium — Factor CGL 00 AGLO106 00-WAIVER (F) 1 $250.000 $250 1.000 $250 OF SUBROGATION ENDORSEMENT CGL CG 20 10-ADDITIONAL (F) 1 $100.000 $100 1.000 $100 INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. --1—, _5L_ Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 E3 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: AGL0023210-02 COMMERCIAL GENERAL LIABILITY ARCH SPECIALTY INSURANCE COMPANY 00 AGL0106 00 02 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:Where required by written contract The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us under the Conditions section: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your operations or`your work' done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: Named Insured: Endorsement Effective Date: 00 AGLO106 00 02 13 Page 1 of 1 POLICY NUMBER:AGL0023210-02 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): City Of Corpus Christi-Engineering As per written contract Attn:Construction COntract Admin. P.O.Box 9277 Corpus Christi,TX 78469-9277 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury"or damage" or "personal and advertising injury" '.property damage"occurring after- caused,in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions,or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf, maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 C ISO Properties, Inc.,2004 Page 1 of 1 ❑ �N�T���� �NTM 88077 ���^."��� '°� .� DECLARATIONS co|omm| oouwTY MUTUAL |maonAmcE compxm, Amended Declarations ONE moT/omw/oE PLAZA 10/03/2017 oouuMooa. Vx 43215'2220 Policy Number: ACP BATX 3017575699 Item One Policy Period From 02/05/2017 To 02/05/2018 12:01 AM Standard Time at the mailing eddnsaa below Named Insured: MO-CON SERVICES, INC Mailing Address: 5151 FLYNN PKWY STE 300 CORPUS CHRISTI, TX784114318 Agency Name: NATIONWIDE SALES SOLUTIONS INC 42 88077-157 000 36 CSC Agency Address: DES MOINES |A 50381'8885 (888)508~8622 Form of Business CORPORATION In return for the payment of the premium, and subject to the terms of this policy, we agree with you to provide the insurance stated in this policy. Item Two Schedule of Coveraand Covered Autos This policy provides only those coverages where e charge is shown in the premium column below. Each of these coverages will apply only tothose "autos" shown as covered "autos". "Autos" are shown as covered "autos" fore particular coverage by the entry of one or more of the symbols from the COVERED AUTOS section of the Business Auto or Motor Carrier Coverage Form next tothe name ofthe coverage. Coverage Covered Autos Limit and Deductible 'the most wn Premium will pay for any one accident orloss LIABILITY 7 8 0 1 .000.000 2.180.00 PERSONAL INJURY PROTECTION 2 Soo State Schedule 17.00 MEDICAL PAYMENTS 2 Soo State Schedule 23.00 UNINSURED MOTORISTS 2 Soo State Schedule 474.00 UNDERINSURED MOTORISTS (WHEN NOT No Coverage INCL IN UNINSURED MOTORISTS) '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' C0KJPREHENS|VE 7 Actual Cash Value or Cont of 431 .00 COLLISION 7 Repair Minus the Deductible 643.00 in Item Three or Item Four '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' OTHEK COVERAGES Soo Schedule 300.00 Estimated Basic Premium $ 4,068.00 Estimated Assessments and Surcharges $ 6.00 Estimated Total Premium $ 4,074.00 Estimated Total Commission: $ 610.20 PVBECP1 (09-13) 00 DIRECT BILL Exm322 uMs 2017275 AGENT COPY xcp o/nX3017575699 9*6*1951* 36 00016*1 88077 CHANGE OFDECLARATIONS ENDORSEMENT' PLEASE READ CAREFULLY oo|omm| oouwTY MUTUAL |maonAmcE compxm, oouuMooa Vx 43215'2220 Policy Number: ACP BATX 3017575699 Policy Effective From 02/05/2017 To 02/05/2018 12:01 A.M. Standard Time Transaction Effective 10/03/2017 12:01 A.M. Standard Time Named MO-CON SERVICES, INC Mailing 5151 FLYNN PKWY STE 300 Premium Address: ADDITIONAL $ CORPUS CHRISTI, TX 78411-4318 Agency: NATIONWIDE SALES SOLUTIONS INC 42 88077-157 000 1200 LOCUST ST 36 Total: $ ATTN SMALL BUSINESS SALES (888)508-8622 COMMSIN COM$ 0.00 DES MOINES IA 50391-9995 CSC COMMSIN PER $ 0.00 Premium CHANGED POLICY GENERAL 5 $ 0.00 COMMISSION PERCENT COMMISSION ADJUSTMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ADDED FORM 6 $ 0.00 CA0444 ( 10/13 ) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGA COMMISSION PERCENT COMMISSION ADJUSTMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ADDED FORM 7 $ 0.00 COMMISSION PERCENT COMMISSION ADJUSTMENT THIS IS NOT A BILL - SEE YOUR BILLING STATEMENT. ,xAMEND,m,-9n00 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Narne(s) Of Person(s) Or Organization(s): PROJ E 16452 NORTH PADRE ISLAND ACCESS RD 2 (BOND 2014) Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 @Insurance Services Office, Inc., 2011 Page 1 of 1 ACP BATX30-1-7575699 LIM5 17275 AGENT COPY CA0444101300 0200 36 0001643 IL 70 02 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Person(s) or Organization(s) Address PROJ E 16452 (BOND 2014) NORTH PADRE ISLAND ACCESS RD 2 Number of Days Notice If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will provide written notice to the person(s) or organization(s) listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc- tion or restriction or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. IL 70 02 0911 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ACP BATX30-1-7575699 LIM5 17275 AGENT COPY IL7002091100 0242 36 0001644 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED OR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: ACP BAT>( 3017575899 AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified bythis endorsement. This endorsement identifies person(s) or organization(e)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organ ization(s): City of Corpus Cristi - Engineering Attn: Construction Contract Admin Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "ineured"for Covered Autos Liability Coverage, but only bothe extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section |U — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forme and Paragraph D.2. of Section U — Covered Autos Coverages ofthe Auto Dealers Coverage Form. CA 20 48 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 1 Tle'XaSMutuar WORKERS'COMPENSATION INSURANCE PO Box 12058 Austin, TX 78711-2058 MO-CON SERVICES INC 5151 FLYNN PKWY STE 300 CORPUS CHRISTI TX 78411-4318 CONFIDENTIALITY NOTICE: This communication may contain confidential, proprietary or privileged information and is intended only for the person to whom the communication is addressed. If you are not the intended recipient, please immediately notify Texas Mutual's information services center at(800)859-5995 or information@texasmutual.com and destroy all copies of the communication as your use, disclosure, copying or storage of the communication is prohibited and may be a violation of state or federal law. C P Dees 2017-10-05 Print Cover Page Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS`COK8PENSATION AND WC 99 03 01 EMPLOYERS LIABILITY POLICY Insured Copy GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added VVC42O304 (Blanket Waiver ofSubrogation) per attached. Added VVC42O601 (Texas Material Change) infavor of: CITY OF CORPUS CHRISTI-ENG|NGEER|NG This endorsement reflects enet annual premium change of: 130.0U This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching o|auao"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 1005/3017mt12:01 a.m.standard time,forms m part of: Policy No.OOD1320175ofTexas Mutual Insurance Company effective on05/3U/2017 Endorsement No. 0004 Issued to: K40-CDN SERVICES INC &Le �t� Premium: $4300 Authorized Representative NCC| Carrier Code:2S9JQ 1omeuu1r POBox 12058.Austin,TX78711-2O58 1 of hsxanmutua|.00m 1 (800)859-5995 1 Fax(8OU)350'OO5O WC 99 0301 Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND SCHEDULE OF OPERATIONS EMPLOYERS LIABILITY POLICY Insured Copy EXTENSION OF INFORMATION PAGE NAME AND ADDRESS OF INSURED POLICY NUMBER MO-CON SERVICES INC 0001326175 5151 FLYNN PKWY STE 300 CORPUS CHRISTI TX 78411-4318 ISSUE DATE 10-05-2017 ITEM * * SCHEDULE OF OPERATIONS * * LOCATION INFORMATION PREMIUM BASIS: TOTAL ESTIMATED RATE PER ESTIMATED ANNUAL $100 OF ANNUAL ST LOC CODE# CLASSIFICATION REMUNERATION REMUNERATION PREMIUM 42 00001 5506 STREET OR ROAD CONSTRUCTION-ALL 100,000.00 14.52 14,520.00 OPERATIONS&DRIVERS Total Estimated Standard Premium 14,520.00 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/05/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001326175 of Texas Mutual Insurance Company effective on 05130/2017 Endorsement No. 0004 Issued to: MO-CON SERVICES INC &Lle �t� Premium: $43.00 Authorized Representative NCCI Carrier Code:29939 10/05/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 00 00 01 B-LOCI Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND SCHEDULE OF OPERATIONS - STATE EMPLOYERS LIABILITY POLICY Insured Copy EXTENSION OF INFORMATION PAGE NAME AND ADDRESS OF INSURED POLICY NUMBER MO-CON SERVICES INC 0001326175 5151 FLYNN PKWY STE 300 CORPUS CHRISTI TX 78411-4318 ISSUE DATE 10-05-2017 ITEM * * SCHEDULE OF OPERATIONS * * STATE INFORMATION PREMIUM ST CODE# DESCRIPTION RATE ADJUSTMENTS 42 0930 WAIVER OF SUBROGATION 0.020 290.00 42 9807 INCREASED LIMITS 50015001500 0.011 163.00 42 9887 SCHEDULE RATE MODIFIER (13.00%) 0.870 (1,946.00) 42 9874 HEALTH CARE NETWORK DISCOUNT (12.00%) 0.880 (1,563.00) 42 0063 PREMIUM DISCOUNT (5.40%) 0.946 (619.00) 42 0900 EXPENSE CONSTANT 150.00 Total Estimated Standard Premium 10,995.00 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/05/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001326175 of Texas Mutual Insurance Company effective on 05130/2017 Endorsement No. 0004 Issued to: MO-CON SERVICES INC &Lie �t� Premium: $43.00 Authorized Representative NCCI Carrier Code:29939 10/05/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 00 00 01 B-OPST Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND ENDORSEMENT SCHEDULE EMPLOYERS LIABILITY POLICY Insured Copy EXTENSION OF INFORMATION PAGE NAME AND ADDRESS OF INSURED POLICY NUMBER MO-CON SERVICES INC 0001326175 5151 FLYNN PKWY STE 300 CORPUS CHRISTI TX 78411-4318 ISSUE DATE 10-05-2017 ITEM 3D * * ENDORSEMENT SCHEDULE * * EDITION STATE NUMBER DESCRIPTION DATE 42 TM-LRC-2008 LIMITED REIMBURSEMENT COVERAGE 07-01-2008 42 TM-PC-2003 POLICY CONDITIONS ENDORSEMENT 03-25-2003 42 TM-MV-2011 MUTUAL ENDORSEMENT FORM 01-01-2012 42 WC00 00 00C WORKERS COMPENSATION AND EMPLO 01-01-2015 42 WC00 00 01B WORKERS COMP/EMPLOYERS LIAB 01-01-2015 42 WC00 04 06 PREMIUM DISCOUNT 01-01-1994 42 WC00 04 14 NOTIFICATION ON CHG IN OWNRSHP 07-01-2015 42 WC00 04 22B TERRORISM RISK INSURANCE PROD 01-01-2015 42 WC42 03 01H TEXAS AMENDATORY 07-01-2016 42 WC42 03 04B TX WAIVER OF RIGHT TO RECOVER 06-01-2014 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 03-23-2002 42 WC42 04 08A NETWORK DISCOUNT 06-01-2014 42 WC42 06 01 TX NOTICE OF MATERIA SPEC 01-01-1994 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/05/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001326175 of Texas Mutual Insurance Company effective on 05/30/2017 Endorsement No. 0004 Issued to: MO-CON SERVICES INC &Lle �t� Premium: $43.00 Authorized Representative NCCI Carrier Code:29939 10/05/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 00 00 01 B-ENDS Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( } Specific Waiver Name of person or organization ( X } Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 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: SEE ENDORSEMENT WC 99 03 01, GENERAL CHANGE FORM. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/05/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001326175 of Texas Mutual Insurance Company effective on 05130/2017 Endorsement No. 0004 Issued to: MO-CON SERVICES INC &Lle �t� Premium: $43.00 Authorized Representative NCCI Carrier Code:29939 10/05/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured Copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF CORPUS CHRISTI-ENGINEERING ATTN: CONSTRUCTION CONTRACT ADMIN PO BOX 9277 CORPUS CHRISTI TX 78469 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/05/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001326175 of Texas Mutual Insurance Company effective on 05130/2017 Endorsement No. 0004 Issued to: MO-CON SERVICES INC &Lle �t� Premium: $43.00 Authorized Representative NCCI Carrier Code:29939 10/05/2017 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01 Texasmutuar WORKERS' COMPENSATION INSURANCE INVOICE INSURED NAME AGENT Insured Copy MO-CON SERVICES INC HARRY E CLIFT POLICY NUMBER INVOICE NUMBER INVOICE DATE 0001326175 21170137 10/05/2017 TRANS ORIGINALORIGINAL TRANSACTION OPEN DUE DATE INVOICE NUMBER AMOUNT DUE DESCRIPTION AMOUNT DUE DATE POLICY-EFFECTIVE DATE:0001326175-0513012017 1010512017 21170137 43.00 ADD BLANKET WAIVER,ETC 43.00 1012012017 POLICY YEAR TOTAL $43.00 AMOUNT DUE ON ACCOUNT $43.00 Payments not received by their due dates may result in cancellation of your current coverage. PAYMENT METHODS: Pay from your checking or savings account online at texasmutual.com,or by mailing a check to the address below. Credit cards are not accepted at this time. -------------------------------------------------------------------------------------------------------------- Detach and return this portion with your payment to:PO Box 841843,Dallas,TX 75284-1843.Please make checks payable to Texas Mutual Insurance Company and reference your policy number for prompt handling. INSURED NAME MO-CON SERVICES INC INVOICE DATE 1010512017 INVOICE NUMBER 21170137 POLICY NUMBER 0001326175 AMOUNT ENCLOSED: AMOUNT DUE ON ACCOUNT $43.00 THANK YOU FOR YOUR BUSINESS! PO Box 841843, Dallas, TX 75284-1843 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(512)224-7695 BRSINVC