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HomeMy WebLinkAboutC2019-458 - 7/23/2019 - Approved 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 23,2019 is between the City of Corpus Christi (Owner) and Mako Contracting,LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: HEB Tennis Center Improvements E17056 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC. 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 Rmunoz@munozengrg.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power,P.E.—Acting Construction Management Engineering City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 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 17.16 of the General Conditions within 210 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 Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 00 52 23-1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF HEB TENNIS CENTER IMPROVEMENTS PROJECT NUMBER: E17056 City of Corpus Christi 03/05/19 MUNOZ ENGINEERING, LLC -�a�EOF.rE,�gs�+ . r E1608 S. Brownlee Boulevard *: *��� MUNOZ ENGINEERING RAMIRO MUNOZ III 0 Corpus Christi, Texas 78404 . pp346 -00 Office: (361) 946-4848 TBPE Firm No. F-12240lit 'kx!c�ras�° ��`�" Record Drawing Number: CP-223 ''],� �� � 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents 00 21 13 Invitation to Bid and Instructions to Bidders (Redo-11-2018) 00 30 00 Bid Acknowledgment Form (Rev 10-11-2018) 00 30 01 Bid Form (Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders (Rev 10-11-2018) 00 30 05 Disclosure of Interest(Revo1-2016) 00 30 06 Non-Collusion Certification (Rev 10-11-2018) 00 45 16 Statement of Experience (Rev 10-11-2018) 00 52 23 Agreement (Rev 10-11-2018) 0061 13 Performance Bond (Rev 10-11-2018) 0061 16 Payment Bond (Rev 10-11-2018) 00 72 00 General Conditions (Rev 11-13-2018) 00 73 00 Supplementary Conditions (Rev 10-11-18) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-11-2018) 0123 10 Alternates and Allowances(Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment (Rev 10-11-2018) 01 3301 Submittal Register(Rev 10-11-2018) 01 3500 Special Procedures (Rev10-11-2018) 01 5000 Temporary Facilities and Controls (Rev 10-11-2018) 01 57 00 Temporary Controls (Rev 10-11-2018) Part S Standard Specifications 02 52 08 Soil—Cement Base 02 1020 Site Clearing and Stripping (Rev 10-30-2014) 02 2020 Excavation and Backfill for Utilities (Rev03-25-2015) 02 1040 Site Grading(Rev 10-30-2014) 02 1080 Removing Abandoned Structures (Rev 10-30-2014) 02 2022 Trench Safety for Excavations (Rev 10-30-2014) Table of Contents 000100- 1 HEB TENNIS CENTER IMPROVEMENT—E17056 Rev 11/2018 Division/ Title Section 02 2100 Select Material (Rev 10-30-2014) 02 2420 Silt Fence(Rev 10-30-2014) 02 56 12 Concrete Sidewalks and Driveways (Rev03-25-2015) 02 56 14 Concrete Curb Ramps (Rev03-25-2015) 02 5802 Temporary Traffic Controls During Construction (Rev 10-30-2014) 0283 00 Fence Relocation (Rev 10-30-2014) 0283 20 Chain Link Fence (Rev 10-30-2014) 02 83 40 Chain Link Security Fence (Rev 10-30-2014) 03 00 20 Portland Cement Concrete(Rev 10-30-2014) 03 20 20 Reinforcing Steel (Rev 10-30-2014) 03 80 00 Concrete Structures (Rev03-25-2015) Appendix Title 1 Geotechnical Report END OF SECTION Table of Contents 000100-2 HEB TENNIS CENTER IMPROVEMENT—E17056 Rev 11/2018 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: HEB Tennis Center Improvements Owner's Project Identification No. E17056 A. This project consists of the following, but not limited to, setting up temporary construction fencing/barricade around project site, removal & replacement of existing tennis court, tennis nets, steel supports, and associated hardware,fencing, gates, steel pipe supports, associated fittings, concrete fence footings, electrical conduit, wire, receptacles and communications equipment. Project includes the ability for additive Alternate 1 (Courts 2 & 3), which consists of the following, but not limited to, setting up temporary construction fencing/barricade around project site, removal & replacement of existing tennis court, tennis nets, steel supports, and associated hardware,fencing, gates, steel pipe supports, associated fittings, concrete fence footings, electrical conduit, wire, receptacles and communications equipment. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project including Alternate 1 is $765,000.00.The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on April 10, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliverthe 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. Invitation to Bid and Instructions to Bidders 002113- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - HEB TENNIS CENTER IMPROVEMENTS, Project No. E17056 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 the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd Floor Engineering Smart_Board Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on at 10:00 am on March 26, 2019 at the following location: HEB Tennis Center 1520 Shely Street Corpus Christi, Texas 78404 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders 002113-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 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 the Bid Security as an attachment to their bid. The original Bid Bond, 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 of this Section. 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 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 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 in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to Invitation to Bid and Instructions to Bidders 002113-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 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 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid 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 will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 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. 15.03 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. 15.04 The Bidder is required to submit bids for all Additive Alternates#1. Any Bid submitted with a "No Bid" on Additive Alternates#1 will be considered a nonresponsive Bid. Invitation to Bid and Instructions to Bidders 002113-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 15.05 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: [edit as applicable] A. Total Base Bid =$298,206.29 B. Total Base Bid Plus Additive Alternates#1 =$765,000.00 ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Minority Participation is not required. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set 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 Engineering Services 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 executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. 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. Invitation to Bid and Instructions to Bidders 002113-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 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 or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 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 Invitation to Bid and Instructions to Bidders 002113-8 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of 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) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Munoz Engineering, LLC. Rock Engineering and Testing Laboratory, Inc. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 26 rain days have been set for this Project. An extension of time due to rain days will be considered only after 52 rain days have been exceeded in a calendar year Supplementary Conditions 007300- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: Subsurface Investigation, Laboratory Testing Program, and Foundation Recommendations for the Proposed Reconstruction of Tennis Courts 1, 2, and 3. HEB Tennis Center, 1520 Shely Street, Corpus Christi,Texas RETL. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: NONE SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Environmental Reports include the following: No reports of explorations or tests for hazardous environmental conditions at or contiguous to the side are known to owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS 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 Supplementary Conditions 007300-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 Business Automobile Liability-Owned, Non- Owned, Rented and Leased $1,000,000 Combined Single Limit 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 E■ 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 E■ Required ❑ Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between 8:00 a.m. and 7:00 p.m. unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Supplementary Conditions 007300-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 Wage Determination Construction Type Project Type (WD) No TX-288 Building Building Construction Projects (does not include single family homes or apartments up to and including 4 stories) Supplementary Conditions 007300-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 General Decision Number:TX190288 01/04/2019 TX288 Superseded General Decision Number:TX20180342 State:Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order(EO) 13658, an hourly minimum wage of$10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.60 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a Supplementary Conditions 007300-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 BOI L0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 Supplementary Conditions 007300-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ---------------------------------------------------------------- ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN......................$ 25.20 7.91 ---------------------------------------------------------------- ENG10178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1)Tower Crane.............$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 27.50 10.60 ---------------------------------------------------------------- * IRON0084-011 06/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 23.77 7.12 Supplementary Conditions 007300-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.04 0.00 CARPENTER........................$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER, STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender- Brick...$ 11.36 0.00 LABORER: Mason Tender- Cement/Concrete..................$ 10.58 0.00 Supplementary Conditions 007300-8 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 Supplementary Conditions 007300-9 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 OPERATOR: Roller................$ 12.70 0.00 PAINTER (Brush, Roller, and Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METALWORKER (HVAC Duct Installation Only)...............$ 22.73 7.52 SHEET METALWORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 Supplementary Conditions 007300- 10 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is Supplementary Conditions 007300- 11 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers Supplementary Conditions 007300- 12 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all Supplementary Conditions 007300- 13 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. Supplementary Conditions 007300- 14 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial Supplementary Conditions 007300- 15 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage Supplementary Conditions 007300- 16 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION ARTICLE 19—PROJECT MANAGEMENT AND COORDINATION SC-19.21 COOPERATION WITH PUBLIC AGENCIES C. For the Contractor's convenience,the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Munoz Engineering, LLC. 361-946-4848 Ramiro Munoz III, P.E. 361-944-1301 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater hours) Supplementary Conditions 007300- 17 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 Public Agencies/Contacts Phone Number Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department(City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 01 33 01 SEE SECTION 0133 01 SUBMITTAL REGISTER ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Supplementary Conditions 007300- 18 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 Specification Section Record Data Description 01 33 01 SEE SECTION 0133 01 SUBMITTAL REGISTER END OF SECTION Supplementary Conditions 007300- 19 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 00 91 01 ADDENDUM NUMBER 1 Project: HEB Tennis Center Improvements Project Number: E17056 Owner: City of Corpus Christi City Engineer: Jeffrey Edmonds, P.E. \ G ® - City of Corpus Christi Designer: Ramiro Munoz, P.E. Munoz Engineering Addendum No. 1 Specification Section: 00 91 01 Issue Date: 5 April 2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: tE OF Ramiro Munoz III, P.E. 5 April 2019 Name Date �*................ ......* Addendum Items: WE RAMIRO MUNOZ III .................................. Modifications to the Project Manual (Attachment A) .'� 100346 .44 Modifications to the Drawings (Attachment B) 0, 01w,� Questions + f InS • .. . 6� 1% 10NAL TBPE�-12240 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. ARTICLE 2—MODIFICATIONS TO THE PROJECT MANUAL 2.01 Modifications to the Procurement&Contracting Requirements (Division 00) A. SECTION 00 30 01 BID FORM DELETE Section 00 30 01 from Original REPLACE with Section 00 30 01 from Addendum 1, Attachment A Addendum No. 1 009101-1 HEB TENNIS CENTER IMPROVEMENTS-E17056 Rev 01-13-2016 B. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS DELETE Section 00 2113 from Original REPLACE with Section 00 2113 from Addendum 1, Attachment A C. SECTION 00 30 00 BID ACKNOWLEDGE FORM DELETE Section 00 30 00 from Original REPLACE with Section 00 30 00 from Addendum 1, Attachment A D. SECTION 00 45 16 STATEMENT OF EXPERIENCE DELETE Section 00 45 16 from Original REPLACE Section 00 45 16 from Addendum 1,Attachment A E. SECTION 0129 01 MEASUREMENT BASIS FOR PAYMENT DELETE Section 0129 01 from Original REPLACE Section 0129 01 from Addendum 1, Attachment A ARTICLE 3— MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. DELETE the following Drawings: Deleted Drawings C4.00—SITE PLAN (BASE BID&ALTERNATE NO.1) C6.00—TENNIS COURT DIMENSIONING, STRIPPING, & DETAILS C7.00—MISCELLANEOUS DETAILS A. REPLACE with the following Drawings: Added Drawings(Attachment B) C4.00—R1 SITE PLAN (BASE BID&ALTERNATE NO. 1)—ADDENDUM 1 C6.00—R1 TENNIS COURT DIMENSIONING, STRIPPING, & DETAILS—ADDENDUM 1 C7.00—R1 MISCELLANEOUS DETAIL—ADDENDUM 1 ARTICLE 4—QUESTIONS 4.01 Questions A. Question: Please confirm Statement of Experience is NOT due at time of bid submission, per Specification Section 00 45 16 Statement of Experience, Article 1.01: "...the three lowest Bidders must complete and submit the Statement of Experience within 5 days after Addendum No. 1 00 9101-2 H E B TENNIS CENTER IMPROVEMENTS- E17056 Rev 01-13-2016 the date Bids are due, or earlier if required by the Bid Documents...." BUT the Bid Acknowledge Form, Article Answer: Statement of Experience is not due at the time of Bid. B. Question: Discrepancies on Bid Form: Item B4 states there are 2 EACH Remove Tennis Net and Ancillaries - I believe it should be 1 EACH. Item B11 states there are 2 EACH Tennis Court Striping- I believe it should be 1 EACH. Item B12 states there are 2 EACH Tennis Court Surface - I believe it should be 1 EACH. Item E4 states there is 1 EACH Remove Tennis Net and Ancillaries - I believe it should be 2 EACH. Answer: Items B4, 1311, & B12- 1 Each; Item E4-2 Each. C. Question: Specification 0129 01 and 00 30 01 indicate that both post-tensioned concrete foundation and concrete enclosure have a depth of 4 inches, as does the "Estimated Quantities" on plan sheet 4 of 15, BUT plan sheet 7 of 15 indicates 5 inch depth for both the concrete foundation and the concrete enclosure, while the details on plan sheet 12 of 15 indicate a 4 inch depth for the concrete enclosure, and plan sheets 14 15 of 15 indicates a 5 inch depth for the post-tensioned slab. Please verify depth of concrete for post- tensioned slab and concrete enclosure. Answer: Concrete Enclosure shall be 5 Inches depth. D. Question: On drawing 14 of 15 Tendons are shown to be 7" from top of concrete. The adjacent sidewalk if approximately 7" down, in order to tension the tendons, the existing sidewalk will need to be removed and replaced approximately 2 ft.to make room for the tensioning equipment. What bid item do we include this additional work? Answer: The perimeter beam will be removed and replaced per plan, if additional area is anticipated; incorporate cost into bid item. E. Question: The symbol for the temporary fence is the same as the Silt fence, Is a Silt fence also required? Answer: Yes, the silt fence is required. F. Question: Where do we include the new Net and post for new tennis courts? No bid item has been provided for this. Answer: Include bid amount with (134:Tennis Net and Ancillaries) G. Question: What is the specification for the windscreen material on the chain link fence? Answer: Drawing will be revised to provide necessary information H. Question: Foundation drawings clearly show design of the post tension slab(s). Does GC need to provide engineered design drawings for slab(s) per note on drawings or just shop drawings? Answer: Yes, contractor is responsible for providing Texas Licensed Professional Engineer signed and sealed post-tension drawings. Which will be a deferred submittal. 1. Question:Where is the "designated disbursement area" for excess excavated material per note 7 on sheet 6? Addendum No. 1 00 9101-3 H E B TENNIS CENTER IMPROVEMENTS- E17056 Rev 01-13-2016 Answer: Contractor to dispose of material as needed. Front parking area is designated for staging only. J. Question: Please clarify that the new fence posts are to be set in an 18" x 24" footing per detail 1/C7.00 or are they set in the new concrete beam per detail A/C4.00? Answer: Fence posts will require the 18"x 24" footing per plan.Total of 48" of concrete around perimeter. K. Question: The demolition of the existing fence footing or beam is going to break up the existing concrete sidewalk adjacent to it that is to remain. It will also be in the way of tensioning the new post tension cables. We will need about 3' of clearance to tension the tendons. Answer: Adjust tendons as needed for proper clearance. END OF ADDENDUM NO. 1 Addendum No. 1 00 9101-4 H E B TENNIS CENTER IMPROVEMENTS- E17056 Rev 01-13-2016 00 30 01 BID FORM Project Name: HEB Tennis Center Improvements Project Number: E17056 Owner: City of Corpus Christi Bidder: OAR: Designer: Munoz Engineering 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 (5%) LS 1 A2 Contractor Home Office Overhead and Profit (HOH)(%) LS 1 A3 Bonds and Insurance LS 1 A4 Construction Permits LS 1 A5 Storm Water Pollution Prevention LS 1 A6 Temporary Construction Fence and Barricade LS 1 A7 Traffic Control (Signs, Barricades, LS 1 A8 Ozone Action Day DY 2 SUBTOTAL PART A-GENERAL(Items Al thru A8) Part B-SITE WORK(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Demo -Tennis Court (Court 1) SF 61660 B2 Demo -Chain Link Fencing LF 175.5 B3 Existing Electrical LS 1 B4 Tennis Net and Ancillaries EA B5 Prop- Electrical Conduit, Receptacles, and Wiring LS 1 B6 Prop -Concrete Post Tension Slab (Tennis Court) SF 6,300 B7 Prop -Concrete Enclosure SF 360 B8 Prop -Concrete Footing LF 175.5 B9 Prop -Chain Link Fence with Windscreen Material LF 175.5 B10 Prop -Chain Link Fence EA 1 B11 Prop -Tennis Court Striping (Court 1) EA 1 B12 Prop -Tennis Court Surface (Court 1) EA 1 B13 Base Bid Unanticipated Work Allowance LS 1 $30,000 SUBTOTAL PART B-SITEWORK(Items B1 thru B13) Bid Form 00 30 01-Page 1 of 2 HEB TENNIS CENTER IMPROVEMENTS-E17056 ADDENDUM 1 ATTACHMENT A Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part C-ALTERNATE 1 GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Mobilization (5%) LS 1 C2 Contractor Home Office Overhead and Profit (HOH)(%) LS 1 C3 Bonds and Insurance LS 1 C4 Construction Permits LS 1 SUBTOTAL PART C-ALTERNATE 1 GENERAL(Cl THRU C4) Part D-ALTERNATE 1 SITE WORK(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Demo -Tennis Court (Court 2 & 3) SF 12,060 D2 Demo -Chain Link Fence LF 220.5 D3 Demo - Exisiting Electrical LS 1 D4 Tennis Net and Ancillaries EA D5 Prop - Electrical, Receptacles, and Wiring LS 1 D6 Prop -Concrete Post Tension Slab (Tennis Court) SF 12,060 D7 Prop -Concrete Footing LF 220.5 D8 Prop -Chain Link Fence with Windscreen Material LF 220.5 D9 Prop -Chain Link Fence EA 1 D10 Prop -Tennis Court Striping (Court 2 &3) EA 2 D11 Prop -Tennis Court Surface (Court 2 & 3) EA 2 D12 jAlternate 1 Unanticipated Work Allowance LS 1 $50,000 SUBTOTAL PART D-ALTERNATE 1 SITE WORK(E1 THRU E12) BASE BID SUBTOTAL PART A-GENERAL(Items Al thru A8) SUBTOTAL PART B-SITE WORK (Items B1 thru B13) TOTAL PROJECT BASE BID (PARTS Al THRU B13) ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART C-ALTERNATE 1 GENERAL(Items C1 thru C4) SUBTOTAL PART D -ALTERNATE 1 SITE WORK (Items D1 thru D12) TOTAL PROJECT ALTERNATE NO. 1 BID(PARTS C1 THRU D12) TOTAL PROJECT BASE BID TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO. 1 Total Extended Unit Prices(Itens Al thru B13 and C1 thru D12)-For Evaluation Purposes ONLY Bid Form 00 30 01-Page 2 of 2 HEB TENNIS CENTER IMPROVEMENTS-E17056 ADDENDUM 1 ATTACHMENT A Rev 10/2018 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: HEB Tennis Center Improvements Owner's Project Identification No. E17056 A. This project consists of the following, but not limited to, setting up temporary construction fencing/barricade around project site, removal & replacement of existing tennis court, tennis nets, steel supports, and associated hardware, fencing, gates, steel pipe supports, associated fittings, concrete fence footings, electrical conduit, wire, receptacles and communications equipment. Project includes the ability for additive Alternate 1 (Courts 2 & 3), which consists of the following, but not limited to, setting up temporary construction fencing/barricade around project site, removal & replacement of existing tennis court, tennis nets, steel supports, and associated hardware, fencing, gates, steel pipe supports, associated fittings, concrete fence footings, electrical conduit, wire, receptacles and communications equipment. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project including Alternate 1 is $765,000.00.The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM on April 10, 2019 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. Invitation to Bid and Instructions to Bidders 002113- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - HEB TENNIS CENTER IMPROVEMENTS, Project No. E17056 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 the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd Floor Engineering Smart_Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on at 10:00 am on March 26, 2019 at the following location: HEB Tennis Center 1520 Shely Street Corpus Christi,Texas 78404 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders 002113-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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 the Bid Security as an attachment to their bid. The original Bid Bond, 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 of this Section. 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 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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 in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to Invitation to Bid and Instructions to Bidders 002113-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid 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 will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 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. 15.03 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. 15.04 The Bidder is required to submit bids for all Additive Alternates#1. Any Bid submitted with a "No Bid" on Additive Alternates#1 will be considered a nonresponsive Bid. Invitation to Bid and Instructions to Bidders 002113-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 15.05 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: [edit as applicable] A. Total Base Bid =$298,206.29 B. Total Base Bid Plus Additive Alternates#1 =$765,000.00 ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Minority Participation is not required. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set 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 Engineering Services 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 executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. 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. Invitation to Bid and Instructions to Bidders 002113-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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 or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process,the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Bids received from a Bidder who has been debarred or suspended by Owner. G. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. H. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 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. Invitation to Bid and Instructions to Bidders 002113-8 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of 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) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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 (type or print name of company) on: 2:00 PM on April 10, 2019 for E17056—HEB Tennis Center Improvements 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. To submit the original bid security or if submitting hard copy bids, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - HEB Tennis Center Improvements Project No. E17056 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 21 13 INVITATION TO BID 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 acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 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. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and 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. Bid Acknowledgement Form 003000-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ Add/ Deduct Alternate 1 $ A. The Bidder selected for award of the Contract will be the Lowest Responsible Bidder that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. 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. ARTICLE 5—EVALUATION OF BIDDERS 5.01 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 responsive, 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. Bid Acknowledgement Form 003000-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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, correct mathematical errors 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. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 180 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 17.16 of the General Conditions within 210 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 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. 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. Bid Acknowledgement Form 003000-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 10—ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers,employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid, directly or indirectly,through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act. ARTICLE 11—SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 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. 11.03 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. 11.04 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. 11.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form 003000-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major vio Adjust tendons Statement of Experience 004516-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A as needed for proper clearance.lations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCE(X"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations,and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS. 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 5—TABLE 1—ORGANIZATION INFORMATION Organization doing business as: Business Address of Principal Office Telephone No. I Website Form of Business (check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 1—Organization Information Organization doing business as: 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 EMR Year EMR Year EMR Previous Bidding and Construction Experience—Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO YES 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 YES Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO YES 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 YES 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 YES 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 YES Statement of Experience 004516-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 2—Project Information Organization doing business as: Proposed Project Organization 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 Superintendent Safety Manager 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 EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Protect 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: Protect 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 004516-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Protect 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: Protect 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Protect 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: Protect 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years? List Citations below(date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. NO YES 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. NO YES 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. NO YES 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? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑ Yes ❑ 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 ❑ Yes ❑ No ❑ N/A C. Cranes& Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516- 10 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 19�291 ADDENDUM 1 ATTACHMENT A Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ 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 System 5 ("NAICS") Category 23 for each of the past five (5)years? Provide the Bidder's OSHA 300 ° Yes ❑ No 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 Bidder's 6 NCCI workers' compensation experience rating sheets for the past five (5) years in a ❑ Yes ❑ No 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 magnitude of ❑ Yes ❑ No the issues in a separate attachment if yes. Statement of Experience 004516- 11 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 19�291 ADDENDUM 1 ATTACHMENT A Table 5- Demonstrated Minority, MBE, DBE Participation Organization doing business as 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 19�291 ADDENDUM 1 ATTACHMENT A ARTICLE 6—CERTIFICATION 6.01 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: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004516- 13 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 19�291 ADDENDUM 1 ATTACHMENT A 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in Article 17 of SECTION 00 72 00 GENERAL CONDITIONS for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization (Maximum 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; C. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment 01 29 01- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 2. Measurement for payment will be made per lump sum on the following basis: When at least 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. Upon substantial completion of all work under this Contract and removal of all equipment and materials from the Project site, the remaining 25% of the mobilization lump sum bid amount will be eligible for payment, minus retainage. B. Bid Item A-2—Contractor Home Office Overhead and Profit(HOH) 1. Include the following costs in this Bid Item a. Overhead for the operation of the office pertaining to this project b. Profit for the operation of the office pertaining to this project 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. C. Bid Item A-3—Bonds and Insurance: 1. Include the following costs in this Bid Item a. All Bonds and Insurance required under the terms of the contract. 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. D. Bid Item A-4—Construction Permits 1. Include the following costs in this Bid Item a. All Construction Permits required under the terms of the contract. 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. E. Bid Item A-5—Storm Water Pollution Prevention Plan: 1. Include the following costs in this Bid Item a. Preparation of the SWPPP and NOI's for Contractor and for the City; b. Routine inspection and maintenance of erosion and sedimentation controls; C. Maintenance of SWPPP (i.e. inspection reports,training logs, personnel changes, etc.). Copies of all SWPPP documentation shall be provided to the City; d. On-site actions mandated by the SWPPP (i.e. watering for dust control,good housekeeping practices, removal of debris tracking on streets, etc.); e. Filing of required forms for Contractor ONLY(i.e. Notice of Intent, Notice of Termination, etc.); and f. Posting signs required by the SWPPP. 2. Measuring for payment is on a lump sum basis. Payment for this item shall be in accordance with Technical Specification 022410-T. F. Bid Item A-6—Temporary Construction Fence and Barricade 1. Include the following costs in this Bid Item Measurement and Basis for Payment 01 29 01-2 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. G. Bid Item A-7—Traffic Control 1. Include the following costs in this Bid Item a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. H. Bid Item A-8—Ozone Action Day: 1. Include the following costs in this Bid Item a. Compensation in the amount of the bid unit price for Ozone Advisory days that meet the criteria of SECTION 0157 00 TEMPORARY CONTROLS, 1.09 OZONE ADVISORY DAYS, and occur during the construction duration. 2. Measuring for payment is on a per day basis. I. Bid Item B-1—Demo—Tennis Court 1: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. J. Bid Item B-2—Demo—Chain Link Fencing: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the demolition of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. K. Bid Item B-3—Demo—Existing Electrical: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the demolition of the individual bid item. Measurement and Basis for Payment 01 29 01-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. L. Bid Item B-4—Remove—Tennis Net and Ancillaries: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the removal and storage of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. M. Bid Item B-5—Proposed Electrical: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. N. Bid Item B-6—5" Concrete Tennis Court Pavement(Court 1): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. O. Bid Item B-7—5" Concrete Enclosure: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. P. Bid Item B-8—Concrete Footing: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. Measurement and Basis for Payment 01 29 01-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A Q. Bid Item B-9—Chain Link Fence with Windscreen Material: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. R. Bid Item B-10—Chain Link Gate: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. S. Bid Item B-11—Tennis Court Striping(Court 1): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. T. Bid Item B-12—Tennis Court Surface(Court 1): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. U. Bid Item B-13—Allowance A—Base Bid Allowance: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is on a lump sum basis. Payment for Unanticipated Work will be based on the earned value of Work completed and must be approved prior to implementation of work being performed. Measurement and Basis for Payment 01 29 01-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES A. Bid Item C-1- Mobilization: 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; C. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item C-2—Contractor Home Office Overhead and Profit(HOH) 1. Include the following costs in this Bid Item a. Overhead for the operation of the office pertaining to this project b. Profit for the operation of the office pertaining to this project 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. C. Bid Item C-3—Bonds and Insurance: 1. Include the following costs in this Bid Item a. All Bonds and Insurance required under the terms of the contract. 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. D. Bid Item C-4—Construction Permits 1. Include the following costs in this Bid Item a. All Construction Permits required under the terms of the contract. 2. Measuring for payment is on a lump sum basis. Payment for this item shall be based upon documentation of actual costs. E. Bid Item D-1—Demo—Tennis Court 2 &3: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. Measurement and Basis for Payment 01 29 01-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A F. Bid Item D-2—Demo—Chain Link Fencing: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the demolition of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. G. Bid Item D-3—Demo—Existing Electrical: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the demolition of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. H. Bid Item D-4—Remove—Tennis Net and Ancillaries: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the removal and storage of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. I. Bid Item D-5—Proposed Electrical: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. J. Bid Item D-6—5"Concrete Tennis Court Pavement(Court 2 &3): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. K. Bid Item D-7—Concrete Footing: 1. Include the following costs in this Bid item: Measurement and Basis for Payment 01 29 01-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. L. Bid Item D-8—Chain Link Fence with Windscreen Material: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. M. Bid Item D-9—Chain Link Gate: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. N. Bid Item D-10—Tennis Court Striping(Court 2 &3): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. O. Bid Item D-11—Tennis Court Surface(Court 2&3): 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. 2. Measuring for payment is in accordance with the units specified for the individual bid item and as further specified in the appropriate Standard or Technical Specifications, the Construction Drawings, and/or the Bid Form. P. Bid Item D-12—Allowance B-Alternate 1 Allowance: 1. Include the following costs in this Bid item: a. Materials, equipment, personnel and labor required for the installation of the individual bid item. Measurement and Basis for Payment 01 29 01-8 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 2. Measuring for payment is on a lump sum basis. Payment for Unanticipated Work will be based on the earned value of Work completed and must be approved prior to implementation of work being performed. Q. Other Bid Items 1. The basis of measurement and payment for other Bid Items shall be as described in the applicable Specification Sections, Construction Drawings and/or SECTION 00 30 01 BID FORM. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment 01 29 01-9 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A °a ® �� jmR�,�gsPoam, o eMC4.00°ox o�x, _ m� ..`J.�� see, ,P mss,��re yg �r�n rExs°x.°^a 1 TYPICAL CONCRETE SLAB DETAIL e. -- ---- 77 - ra-oo score, ,-o 52 .. aoeee�e a,Qe�ce�r seenoN�.�,=rxx�=�,=a A �,o. X X. c�.uowrnmxe��mr „o xewxi U werc raecrmr - TENNIS COURTi TENNIS COURT2 TENNISCOURTS COVERED COVERED 0 � COVERED N0.1 BASE BID - ALTERNATE - E p g� o `li `li�/i.� `lil✓l✓ SECTION c� 1 LipA cx rc w m Xm oti.r ixr. X'0 �X. xsrrvasiwsue wxc wcinvxE rw«mar Z W C1 *� sue xxoxw muarvxrrcE 4 Z U w a a exxE�x.r�, 6-rH , °� O SECTION w O o m < c�ruasi«,.roi wr i W— xe�Ea �r,��axeae cexc���xE �r,��axeae = z ex.oxcE�r ncrEmwrExo., 1 xoscxffx rsnrc xcrc racc roor / 1— $ a cacx�rE.�,cE. EE 7"-1 15 �� c� secnoN �CP-223 —R—C-1- s ADDENDUM 1 ATLACHMEM B D�uEC6.00�� coDa,:HOD osE,:EE,EaoM:oE:roP SIDE STOP kk CCINT we Eca U U U III}}d s U,j 1111 0 o U — E H U � m C aE�woro.. m[roauvnxuFAcna[as tARE 11-All 111 MATERSY_MSHAFF Douo�waAcorvcaErE APPucnnorv. Z HIN'TA R' REcaaMENDAnorvs_ E IN sTAu_ED AS PER MAN uEAcluaEas wrvc THE NET az FEET FROMPOLE M POLE z cwPT=RCSOU8 Z r Z Q W Z ¢ W W ury Es-ni-rviDEurvE MIRPEASTINEEN U, j O CO W a O M wam vi�iam Z O ,. =Z wrcawuar wrcawuar I—a O a m U W— n C0 = Z Z I ~ ..I I - aEawam�ro�.�saa pa oa ro aSHEET 11"L 15 1 NET POST FOUNDATION DETAIL 2 CENTER CLEAT DETAIL s RCP W2Z3 cuc.ws tee.xs E ADDENDUM 1 ATTACHMEM B fv Wre"mow �rvLVq.o'rerv�sgrvo,�wrv. a. .reervmrecmw % .reervrorecm wi u4 ,suvmx owre�s..x�D p,en ,Ergo.�re re „`om .a ,._ eonrew .o.P=..rvcnn. W ..o�naru,� 6 0 7g au NA+aw aw 3a' q°, xxm zuu.. a �� vy� iYiYi �` ry ogreoElrDEwa.wmry a i � �wiEHOD�m�D „ I LL 11 m 4 in�;w,D,nD o,n e om SECTION m awEs swu�mou,Eowim Eawv�aour. roeErouam�EoreEsae ; z x A U 2 TYPICAL CONCRETE ENCLOSURE DETAIL 1 TYPICAL FENCE POST DETAIL �E ry*s s a cue.ws (9Inf m1_�o U — E H 3:71ELI H-11 1­11 T is PreoKo�aIuu`I OFov'n ion area or�. ry vrvv �a.Deu�w+,iory,vc rano—El revo vu �' •� 4 J TTTT y w H /,°aEnxvvo Enasvry eaao �� rvua f/ \ \ � osureaEn aRr 9 ~ p Houma 1 e -D U � .�wmD 11 11-1 n�/+'uirviuuuM p mere noreniory cvv PSN SECTION B wrvwo«ore cre.,� aLs. Preivre.v n svreu Z j o U w� � 5 3 EXPANSION JOINT DETAIL E,n"'�'°'eD m'""""E""RfAS1F6 i r`rwE o�ol�i a m w uE.Ms eDw,Lw�Lry maE LE reos o+re�Lre,D A soreu aEM aro�rvw,m�uEE.onE was reE,o.SLE,w,� H LE E w— U x P­I OF HH111 1­11 IE reun .re1ED IFmF Ill.1111L 11 � s�­0 F1111 wu'�H uE vrereEM,wo, ,uceraa�. — ry AE �re� a,�mDw evercrvrcerve uEsryvry<�rvuv-ui� ervDeDuu vewIrvv�v�rv:E,.w�+.,rv,w /e�uNIlm�"r,,Mu uLL_D, 'PloEDas (" ON�M � uE;�-1IEnLunED °ao pryDAa1 --ElA«- 11M.11011EreDrea,rve —A-uaO1ro lD�LD� IT aSHEET 121 0H.15 CURBINLET PROTECTION BARRIER 5 pBp MANNOLEIGRATE INLETPROTECMON BARRIER WM A £ aE rv,= CP-223 ADDENDUM 1 ATLACHME B 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE I—BID RECIPIENT 1.01 in accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by /Ka Ko ��r.�fira Gt�`��� U-Z (type or print name of company) on: 2:00 PM on April 10, 2019 for E17056—HEB Tennis Center Improvements 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCstUSA.com. To submit the original bid security or if submitting hard copy bids, please send to:. The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid - HEB Tennis Center Improvements Project No. E17056 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 21 13 INVITATION TO BID 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 acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 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. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000-1 HEB TENNIS CENTER IMPROVEMENTS—E17055 Rev 10/2018 ADDENDUM 1 ATTACH NIENT A Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and 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. Bid Acknowledgement Form 003000-2 HEB TENNIS CENTER IMPROVEMENTS-E17056 Rev 10/2018 ADDEiNDUivi i A_i TACHIV-.ENT A 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ 2K74 7ZL( . 93 Ad /Deduct Alternate 1 $ 30991aw ?j S S 731. 3 A. The Bidder selected for award of the Contract will be the Lowest Responsible Bidder that submits a responsive Bid.Owner will,at its discretion,award the contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. 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. ARTICLE S—EVALUATION OF BIDDERS 5.01 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 responsive, 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. Bid Acknowledgement Form 003000-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 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, correct mathematical errors 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. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 180 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 17.16 of the General Conditions within 210 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 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. 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. Bid Acknowledgement Form 003000-4 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 10—ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers,employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid,directly or indirectly,through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act. ARTICLE 11—SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 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. 11.03 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. 11.04 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. 11.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A ARTICLE 12—BID SUBM17TAL 12.01 This Bid is submitted by: Bidder: M&&(/L6 (0t44-m a.h4 (typed or printed full legal name o idder) By: (indiviual's signature) Name: Trr&c is I l.trf-1 �� (typed or printed) Title: tFSfi;-v%4tW/ P"WO' I ten4 - (typed or printed) Attest: (individual's signature) State of Residency: �{ S Federal Tax Id. No. Address for giving notices: Phone: '(—SG I—(, Email: � ,�,3 Q Jj/Iwkotc•.fii�aGt:Hi . Cow, (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ADDENDUM 1 ATTACHMENT A 00 30 01 BID FORM Project Name: HEB Tennis Center Improvements Project Number: E17056 Owner: City of Corpus Christi Bidder: i,Co CUui r�,�,f �, LC.G OAR: Designer: Munoz Engineering 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 (5%) LS 1 1 ZJ 000 1 000 A2 Contractor Home Office Overhead and Profit (HOH)(%) LS 1 Za0 Zai' A3 Bonds and Insurance LS 1 7g 17.S 1917� A4 Construction Permits LS l �P4 ff 3o6Y A5 Storm Water Pollution Prevention LS 1 Z A6 Temporary Construction Fence and Barricade LS 1 c-{ 7Z6 t-(, 7Z,0 A7 Traffic Control (Signs, Barricades, LS 1 (C((G !, qi4 A8 Ozone Action Day DY 2 C,Q too SUBTOTAL PART A-GENERAL(Items Al thru AS) r 31/310.5 - Part B-SITE WORK(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Demo-Tennis Court (Court 1) SF 6,660 3.91 ZC 0q0.G B2 Demo-Chain Link Fencing LF 175.5 q-Z.Z8 7 gZo.1'4 B3 Existing Electrical LS 1 24q Z G q B4u111lis Nei EA i (�Z 1169Z B5 Prop- Electrical Conduit, Receptacles, and Wiring LS 1 Zj 273 2�{ 'Z7"3 B6 P; SF 6,300 13. 6 La B7 'rton - Cr)nc,-e-L(�, Fnt Ic-) !r� 5F 360 G Of B8 Prop -Concrete Footing LF 175.5 0 R 333.7q B9 Prop - Chain Link Fence with Windscreen Material LF 175.5 S ,�] 10, 331.7 B10 Prop- Chain Link Fence EA 1 81.1 Prop-Tennis Court Striping (Court 1) EA 1 l B12 Prop-Tennis Court Surface (Court 1) EA I. I B13 Base Bid Unanticipated Work Allowance LS 11 3(),600 pp r r$�30,000 SUBTOTAL PART B-SITEWORK(Items B1 thru B13) 2 l 6!Z(H.63 Bid Form 00 30 01-Page 1 of 2 HFB TENN{S CENTER IMPROVEMENTS- F17056 ADDENDUM 1 ATTACHMENT A Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part C.ALTERNATE 1 GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMIENT) C1 Mobilization (511,'o) LS 1 I q 00o Ll 000 C2 Contractor Home Office Overhead and Profit (HOH)('%) LS 1 �o $o C3 Bonds and Insurance LS 1 (U 060 10000 C4 Construction Permits LS 1 t,7Z 9, 7Z1 SUBTOTAL PART C-ALTERNATE 1 GENERAL(Cl THRU C4) Z L 77o Part D-ALTERNATE 1 SITE WORK(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Demo-Tennis Court (Court 2 & 3) SF 12,060 3.0t ( LA 7 2 SLl,L D2 Demo-Chain Link Fence LF 220.5 LJZ.z-� `( D3 Demo - Exisiting Electrical LS 1 I, 3 z1.G 1, 3 Z 1• G D4 EA Z G SS S, 310 D5 Prop - Electrical, Receptacles, and Wiring LS 1 1% 303 1q, 3(q. 3 D6 SF 12,060 (1.7c{ IL411 S4q,q D7 Prop - Concrete Footing LF 220.5 6q.5y !q, 01, 9 D8 Prop - Chain Link Fence with Windscreen Material LF 220.5 S ,q I f2 a9R. GS D9 Prop - Chain Link Fence EA 1 1,K(L 1, q(G D10 Prop -Tennis Court Striping (Court 2 & 3) EA 2 1. 1, 774 D11 Prop-Tennis Court Surface (Court 2 & 3) EA 2 1 Zp 76 7.6 ZS,S 3S.Z D12 Alternate 1 Unanticipated Work Allowance LS 1 S0,06a $50,000 SUBTOTAL PART D-ALTERNATE 1 SITE WORK(E1 THRU E12) BASE BID SUBTOTAL PART A -GENERAL(Items Al thru A8) 31 Slv.5 SUBTOTAL PART B -SITE WORK (Items B1 thru B13) Z(L 2(q.C,3 TOTAL PROJECT BASE BID (PARTS Al THRU B13) Zt17 7Zc.1,93 ADDITIVE ALTERNATE NO. 1 SUBTOTAL PART C-ALTERNATE 1 GENERAL (Items C1 thru C4) Z 77o SUBTOTAL PART D -ALTERNATE 1 SITE WORK (Items D1 thru D12) ��G, �L 1. 3� TOTAL PROJECT ALTERNATE NO. 1 BID (PARTS C1 THRU D12) 3 s 5 t 731. 3 TOTAL PROJECT BASE BID Z{' 7, 7Z (. S3 TOTAL PROJECT BASE BID +ADDITIVE ALTERNATE NO. 1 C,3 (.� 6 3 Total Extended Unit Prices(Itens Al thru B13 and C1 thru D12)-For Evaivatlon Purposes ONLY Bid Form 00 30 01-Page 2 of 2 HEB TENNIS CENTER IMPROVEMENTS-E17056 ADDENDUM 1 ATTACHMENT A Rev 10/2018 American Contractors Indemnity Company dbaTexas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compaflia: 801 S. Figueroa Street, Suite 700 801 S. Figueroa Street, Suite 700 Los Angeles,CA 90017 Los Angeles, CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(I 11-1A) Consumer Protection(111-IA) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection(a-)tdi.texas.gov E-mail: ConsumerProtection(o)tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. KCSTWOM8110 L p Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects,A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Mako Contraetina, LLC as Principal hereinafter called the Principal, and American Contractors Indemnity Company dba Texas Bonding Company a corporation created and existing under the laws of the State of CA whose principal office is in Los Angeles,CA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Corpus Christi as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars (5% 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 E17056 HEB Tennis Center Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 10th day of April, 2019 Mako Contracting, LLC (Principal) By (SEAL) American Contractors Indemnity Company dba Texas Bonding Company (Surety) By (SEAL) Robert G. Kanuth, Attorney-in-fact r'r TOK10MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company,an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Wilson of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed --Ten Million"'"" Dollars ( "'10.000.000.00"' ).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 151 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY �y S VqE State of California t 4� �sa�w+no G s s s w iC S ri fIC .� W L C y Y y County of Los Angeles s By: Daniel P. Aguilar,Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P.Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., 1 LMow Ir L t•�`� Cor.-sµc7r ;: Signature (seal) I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In ssWhereo , I hav hereunto set rn nd affixed the seals of said Companies at Los Angeles, California this I day of Corporate Seals "Ts gti.roc ,EsuREf r*�w.1 Bond No. 41 n Agency No. 17042 v,1 roA�► ° 4'q?F' E*+� ' � *} s Kio Lo, Assi Secretary HCCSMANP0A061201 B visit tmhcc.comisurety for more information U X i x c i L 1Y•Q ca f Q. e0 c O I O m O 00._. . v ��ryUeva' Ym c'fSm� Qma a ._ fl ocCL(L � .1°LE E!:G i 'o W tooaL¢ ' I C U S U¢$w!A-¢ ' I f i i X � s a m m t x a m a •_ d a m'm 0.9 o «'o L Yv` •�aU a. I z ct mU ma ce a m� ,eau a Q'y �ae m per,d C a p, c e3 aw Mk �•� oU- - off, m c3to) v. o` xU¢¢wtn�e � � 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 23, 2019 is between the City of Corpus Christi (Owner) and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: HEB Tennis Center Improvements E17056 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Munoz Engineering, LLC. 1608 S. Brownlee Boulevard Corpus Christi,Texas 78404 Rmunoz@munozengrg.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineering City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 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 17.16 of the General Conditions within 210 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 Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 005223- 1 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 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 450 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 450 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 17.16 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 15.03 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 plus Additive Alternate No. 1 $ 603,463.91 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. 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 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, 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 17.01 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 17.16 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 Except as specified in Article 5, 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. Agreement 005223-3 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. 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 15.01 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— Contract Documents must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, documents must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI V Dgifally signetl by Rebecca HueRa DN:cnDigitally signetl by JeH Etlmontls =Rebecca HueRa,-C"Of Corpus Cbfisti, DN'.cn=JeH Etlmontls..o..ou=Engg ineerin.. ou�iry Secretary,email�ebeccab@cctexas.com,—Smail=l eHreye@cclexas.—-US Date:2019.98.19 14:12:39-05'00' Dale.2019.08.16 12.31'.02-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2019-108 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 07/23/2019 DN.cnyKent M by Kent M°Ilya` Digitally signed by RH/AB DN:cn=Kent Mcllyar,o,ou. email=kentro@cctexas.ccm.-US RH/AB Date:2019.08.1613:01:50-05'00' Date:2019.08.13 10.53.41-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Mako Contracting, LLC Gabriel r'OOdlllan Digitally signed by Gabriel Goodman V (Seal Below) By: Date:2019.07.26 14:38:41-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 3636 S Alameda, Suite B153 Financial Officer Address Corpus Christi, TX 78411 City State Zip 361/561-6256 Phone Fax Travis@Makocontracting.com EMail END OF SECTION Agreement 005223-7 HEB TENNIS CENTER IMPROVEMENTS—E17056 Rev 10/2018 00 6113 PERFORMANCE BOND BOND NO. 1001138089 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 S Alameda St, Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. E17056 HEB Tennis Center Improvements Award Date of the Contract: July 23, 2019 Contract Price: $603,463.91 Bond Date of Bond: July 25, 2019 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Physical address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Surety is a corporation organized and existing under the laws of the state of: TX By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): (713) 744-3700 Telephone (for notice of claim): (972) 772-7220 Local Agent for Surety Name: Rob Kanuth Address: 1814 Holly Rd. Ste. B Corpus Christi, TX 78417 Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond E17056 HEB Tennis Center Improvements 00 61 13 - 1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and al! liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Mako Contracting, LLC Signature: Surety U.S. Specialty Insurance Company Signature: i Name: ,t,,( �aa Name: Robert G. Kanuth Title: •-''s-t:-- Title: Attorney -in -Fact Email Address: C...A.7 • c• -r Email Address: rkanuth@kandsins.com 656,C/24AD (Attach Power of Attorney and place surety seal below) i • •,"te'l r;,,.. •-.. •. \ vV •.......•' t�'` 'lip. ''�''''', limo t�� END OF SECTION Performance Bond E17056 HEB Tennis Center Improvements 006113-2 7-8-2014 U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Usted puede Hamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSTXMax011/Io TOKIO MARINE ‘NO HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, TX p its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars ( ***S10,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 151 day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STV -c;$ $ SURET 0GdMJMPANY U+p,-S, PECIAI,;�Y.dNSURANCE COMPANY �nncrogs; ?pHo�N0 .,� ,1:4. ••..0 .,. , ``.o'`a �..s�,,,,,•� WI By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1 st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American -Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rrm sONIA O. asaext _ Fr'. Notary Public • California _ Los Angeles Cowry i (seal)MyC Currninon 2219479 - Apr 27, 2072 I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. ss Whereof, a hereunto set m day of Ill Corporate Seals Bond No. and affixed the seals of said: Companies at Los Angeles, California this •, uy. . Agency No. 17042 ' mccolwsm01 .c _ Y,. _ 2 W5 •• Jia si• r:r -sir g ."li \41iO4.,p 6, 4'... 'CE:FCgi• ss, visit tmhcc.com/surety for more informatibri HCCSMANP0A0612018 Kan't Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coln Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free -, Kan't Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • • Acid Free 011111110,o �c;(I i r ///// //,• Itll , /////////1111`111t1111,`\`` Kant Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free 00 6116 PAYMENT BOND BOND NO. 1001138089 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 S Alameda St, Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. E17056 HEB Tennis Center Improvements Award Date of the Contract: July 23, 2019 Contract Price: $603,463.91 Bond Date of Bond: July 25, 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Physical address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Surety is a corporation organized and existing under the laws of the state of: 1X By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): (713) 744-3700 Telephone (for notice of claim): (972) 772-7220 Local Agent for Surety Name: Rob Kanuth Address: 1814 Holly Rd. Ste. B Corpus Christi, TX 78417 Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form E17056 HEB Tennis Center Improvements • 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principe'� :• • •ntracting, LLC Signature: _^ Surety U.S. Specialty Insurance Company Signature: Name: AV v( �jpa(ie", Name: Robert G. Kanuth Title:, Title: Attorney -in -Fact Email Address: en- /!•e,.. Email Address: rkanuth@kandsins.com (Attach Power of Attorney and place surety seal b low) . COMA, viii "Z--,' c-•' ..n,. r. 1✓ / t., ';i �v ' • •• $.SN • •......• . 1\ END OF SECTION Payment Bond Form E17056 HEB Tennis Center Improvements 006116-2 7-8-2014 • ti ..� -`-- 7. .%... �. \\ ' - • U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@a,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSTXMoomvio TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, TX its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Ten Million***** Dollars ( ***S10,000,000.00*'* ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 151 day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES,SURETX„COMPANY „U:S:,S,PECIAL3YY,INSURANCE COMPANY ,a�pcc roks�•.,, ,*"6".9,!?(' ,o SSURfy,. ,..V tnsurn.,.... T�OF ZE+Pr By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 1st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American•Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t+t, �I I I, Kio Lo, Assistant Secretary T American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Signature (seal) SOrNAO. CAjQ Notary PubBc • Csafornla Los Ante:es County 1 1 My Comm. Expires Apr 23, 1022 Corrualstlan a 2139419 i s Whereof, day of Corporate Seals Bond No. e hereunto set momand affixed the seals of said: Companies at Los Angeles, California this Agency No. 17042 Sao ,,,,pj ClO,p'o.,, aONOInO Sof• •.4os, 30r"';, zf W! ■[OMCMNID 151' 5 1.'4' W' stet. xs. trio ,„„„.„„„o .21 visit tmhcc.com/surety for more information Kio Lo, Assi-'zT Secretary HCCSMANP0A06/2018 Kan't Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kan't Kopy' K1 Security Paper • Hidden Pantograph • Cofor Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free • Kant Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free 11111111!Ili ti <l1 V • 1\\ III itill lilt 1»\1 Kan't Kopy" K1 Security Paper • • • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free 07/26/2019 K&S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 Natasha Felts (972) 772-7256 (972) 771-4695 nfelts@kandsins.com Mako Contracting LLC 3636 Alameda Suite B #153 Corpus Christi TX 78411 The Cincinnati Insurance Co.10677 Hanover Insurance Company 22292 A EPP0305105 01/27/2019 01/27/2020 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A EBA0305105 01/27/2019 01/27/2020 1,000,000 A EPP0305105 01/27/2019 01/27/2020 2,000,000 2,000,000 B Contractor's Equipment IHD D477988 01/27/2019 01/27/2020 Leased/ Rented Equip $100,000 Project: E17056 HEB Tennis Center Improvements See attached for additional information. City of Corpus Christi 1202 Leopard St. Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Mako Contracting LLCK&S Insurance Agency : Notes Additional Insured & Waiver of Subrogation Form #GA233 02/07 Applies to the General Liability Policy. Primary & Non-Contributory Form #GA233 02/07 Applies to the General Liability Policy. Additional Insured & Waiver of Subrogation Form #AA288 01/16 Applies to the Business Auto Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/8/2019 Sunz Insurance Solutions, LLC ID: (Halcyon HR Inc) c/o Halcyon HR Inc 522 Scotland Drive Corpus Christi, TX 78418 262-504-3843 262-886-3947 United Wisconsin Insurance Company 29157 A WC536-00001-018-SZ 10/1/2018 10/1/2019 3 1,000,000 1,000,000 1,000,000 Rick Leonard Mark Denman mdenman@robertsonryan.com Halcyon HR Inc 522 Scotland Drive Corpus Christi TX 78418 50485060 3 Waiver of Subrogation in favor of all persons or organizations as required by written contract executed prior to the date of loss. Project: E17056 HEB Tennis Center Improvements 782 City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi TX 78469-9277 Coverage Provided for all covered employees but not subcontractors of: Mako Contracting LLC Effective: 10/1/2018 Blanket waiver of subrogation applies as defined by the attached endorsement. 50485060 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 8/8/2019 3:46:07 PM (EDT) | Page 1 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 06-2014) 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 requ ired 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 5% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by WC 42 03 04 B (Ed. 06-2014) 1 of 1 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Halcyon HR Inc WC536-00001-018-SZ 10/01/2018 United Wisconsin Insurance Company 50485060 50485060 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 8/8/2019 3:46:07 PM (EDT) | Page 2 of 3 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 Days 2. Notice will be mailed to: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by___________________________________________ WC 42 06 01 (Ed. 1-94) Halcyon HR Inc 10/01/2018 United Wisconsin Insurance Company City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi TX 78469-9277 50485060WC536-00001-018-SZ 50485060 | Halcyon HR Inc PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 8/8/2019 3:46:07 PM (EDT) | Page 3 of 3 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 1 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement - Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage .................................................................................................2 2.Unintentional Failure to Disclose Hazards.........................................................................................7 3.Damage to Premises Rented to You .................................................................................................8 4.Supplementary Payments ..................................................................................................................9 5.Medical Payments..............................................................................................................................9 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................9 7.180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8.Waiver of Subrogation .....................................................................................................................10 9.Automatic Additional Insured - Specified Relationships:...............................................................10 •Managers or Lessors of Premises; •Lessor of Leased Equipment; •Vendors; •State or Political Subdivisions - Permits Relating to Premises; •State or Political Subdivisions - Permits; and •Contractors' Operations 10.Broadened Contractual Liability -W ork Within 50' of Railroad Property .........................................14 11.Property Damage to Borrowed Equipment ......................................................................................14 12.Employees as Insureds - Specified Health Care Services:...........................................................14 •Nurses; •Emergency Medical Technicians; and •Paramedics 13.Broadened Notice of Occurrence ....................................................................................................14 B.Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit:$1,000,000 Aggregate Limit:$3,000,000 Deductible:$1,000 3.Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4.Supplementary Payments a.Bail bonds:$1,000 b.Loss of earnings:$350 5.Medical Payments Medical Expense Limit:$10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 2 of 15 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11.Property Damage to Borrowed Equipment Each Occurrence Limit:$10,000 Deductible:$250 C.Coverages: 1.Employee Benefit Liability Coverage a.The following is added to SECTION I -COVERAGES:Employee Benefit Liability Coverage. (1)Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable,to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. W e may, at our discretion, investigate any report of an act,error or omission and settle any claim or "suit" that may re- sult. But: 1)The amount we will pay for damages is limited as described in SEC- TION III -LIMITS OF INSURANCE; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b)This insurance applies to damages only if the act,er- ror or omission, is negli- gently committed in the "administration"of your "employee benefit pro- gram"; and 1)Occurs during the pol- icy period; or 2)Occurred prior to the effective date of this endorsement provided: a)You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 3 of 15 i)Reports all, or any part, of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act,er- ror or omis- sion; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury,Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d)Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro- gram". (e)Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f)Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j)Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 4 of 15 ment-related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supplementary Payments SECTION I -COVERAGES, SUPPLEMENTARY PAY- MENTS -COVERAGES A AND B also apply to this Coverage. b.Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II -WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1)If you are designated in the Dec- larations as: (a)An individual,you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds,but only with respect to their du- ties as your officers or direc- tors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program". (b)Any persons, organizations or "employees"having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c)Your legal representative if you die,but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits of Insurance As respects Employee Benefit Liabil- ity Coverage,SECTION III -LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1)The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 5 of 15 (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit pro- gram". (2)The Aggregate Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the "administration"of your "employee benefit pro- gram". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions,regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The deductible amount stated in the Declarations applies to all damages sus- tained by any one "em- ployee", including such "em- ployee's"dependents and beneficiaries,because of all acts, errors or omissions to which this insurance ap- plies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those dam- ages; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act,error or omission, or claim, apply irrespective of the ap- plication of the deductible amount. (d)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as we have paid. d.Additional Conditions As respects Employee Benefit Li- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as fol- lows: (1)Item 2. Duties in the Event of Occurrence,Offense,Claim or Suit is deleted in its entirety and replaced by the following: 2.Duties in the Event of an Act,Error or Omission, or Claim or Suit a.You must see to it that we are noti- fied as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, no- tice should include: (1)What the act, error or omission was and when it occurred; and (2)The names and addresses of anyone who may suffer dam- ages as a result of the act,error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 6 of 15 b.If a claim is made or "suit" is brought against any insured,you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit"as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices,sum- monses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act,error or omission to which this insur- ance may also apply. d.No insured will,except at that in- sured's own cost,voluntarily make a payment,assume any obligation, or incur any expense without our con- sent. (2)Item 5.Other Insurance is de- leted in its entirety and replaced by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is pri- mary except when c. below applies.If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in b. below. b.Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also.Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c.No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries,with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 7 of 15 in any benefit included in the "employee bene- fit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans"means plan authorized by applica- ble law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; den- tal,vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligi- bility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans,pro- vided that no one other than an "employee" may subscribe to such benefits and such benefits are made gen- erally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transporta- tion and health club subsidies. (2)The following definitions are de- leted in their entirety and re- placed by the following: 21."Suit"means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. 8."Employee"means a per- son actively employed, for- merly employed, on leave of absence or disabled, or re- tired. "Employee"includes a "leased worker". "Em- ployee"does not include a "temporary worker". 2.Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 8 of 15 3.Damage to Premises Rented to You a.The last Subparagraph of Paragraph 2. SECTION I -COVERAGES, COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE,2.LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c.through q.do not apply to damage by fire, explosion, light- ning,smoke or soot to premises while rented to you or temporarily oc- cupied by you with permission of the owner. b.The insurance provided under SEC- TION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects W ater Damage Le- gal Liability,as provided in Paragraph 3.b. above: The exclusions under SECTION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY,2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con- tract; or 2)Loss caused by or re- sulting from any of the following: a)Wear and tear; b)Rust, corrosion, fungus, decay,de- terioration, hidden or latent defect or any quality in property that causes it to dam- age or destroy it- self; c)Smog; d)Mechanical break- down including rupture or bursting caused by cen- trifugal force; e)Settling,cracking, shrinking or ex- pansion; or f)Nesting or infesta- tion, or discharge or release of waste products or secretions, by in- sects, birds,ro- dents or other animals. (b)Loss caused directly or indi- rectly by any of the follow- ing: 1)Earthquake, volcanic eruption, landslide or any other earth move- ment; 2)Water that backs up or overflows from a sewer, drain or sump; 3)Water under the ground surface pressing on,or flowing or seeping through: a)Foundations, walls, floors or paved surfaces; b)Basements, whether paved or not; or c)Doors,windows or other openings. (c)Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or fire protection systems caused by or resulting from freez- ing, unless: 1)You did your best to maintain heat in the building or structure; or 2)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)Loss to or damage to: 1)Plumbing,heating,air conditioning,fire pro- tection systems,or other equipment or ap- pliances; or 2)The interior of any building or structure, or to personal property in the building or structure caused by or resulting from rain, snow, sleet or ice,whether driven by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 9 of 15 c.Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2)Paragraph 6.of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence"to which this insurance applies. (3)The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3.Dam- age to Premises Rented to You of this endorsement. 4.Supplementary Payments Under SECTION I -COVERAGE,SUP- PLEMENTARY PAYMENTS -COVER- AGES A AND B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B.Limits of Insurance, 4.b.Loss of Earnings of this en- dorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6.Voluntary Property Damage and Care, Custody or Control Liability Coverage a.Voluntary Property Damage Cov- erage We will pay for "property damage"to property of others arising out of op- erations incidental to the insured's business when: (1)Damage is caused by the in- sured;or (2)Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b.Care, Custody or Control Liability Coverage SECTION I -COVERAGES,COV- ERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j. Damage to Prop- erty, Subparagraphs (3), (4)and (5) do not apply to "property damage"to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a.The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B.Limits of Insurance, 6.Voluntary Property Damage and Care,Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits of Insur- ance, 6.Voluntary Property Dam- age and Care,Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations making claims or bringing "suits". b.Deductible Clause (1)Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 10 of 15 cess of the deductible amount stated in Section B.Limits of Insurance, 6.Voluntary Prop- erty Damage and Care,Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2)Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly re- imburse us for such part of the deductible amount as has been paid by us. 7.180 Day Coverage for Newly Formed or Acquired Organizations SECTION II -WHO IS AN INSURED is amended as follows: Subparagraph a.of Paragraph 4.is hereby deleted and replaced by the fol- lowing: a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8.Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongo- ing operations or "your work" done under a written contract requiring such waiver with that person or organization and in- cluded in the "products-completed opera- tions hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring "suit"or transfer those rights to us and help us en- force those rights. 9.Automatic Additional Insured -Speci- fied Relationships a.The following is hereby added to SECTION II -WHO IS AN INSURED: (1)Any person or organization de- scribed in Paragraph 9.a.(2)be- low (hereinafter referred to as additional insured)whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a)A written contract or agree- ment; or (b)An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a)The written or oral contract or agreement is: 1)Currently in effect or becomes effective dur- ing the policy period; and 2)Executed prior to an "occurrence" or offense to which this insurance would apply; and (b)They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional insureds is limited as provided herein: (a)The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1)above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: 1)Any "occurrence" which takes place after you cease to be a tenant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 11 of 15 half of such additional insured. (b)Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c)Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance, but only with re- spect to "bodily injury"or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1)The insurance afforded the vendor does not apply to: a)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b)Any express war- ranty unauthorized by you; c)Any physical or chemical change in the product made intentionally by the vendor; d)Repackaging, unless unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; e)Any failure to make such inspec- tions, adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; f)Demonstration,in- stallation, servic- ing or repair op- erations, except such operations performed at the vendor's premises in connection with the sale of the product; g)Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor. 2)This insurance does not apply to any in- sured person or organi- zation: a)From whom you have acquired such products, or any ingredient, part or container, entering into, ac- companying or containing such products; or b)When liability in- cluded within the "products- completed opera- tions hazard" has Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 12 of 15 been excluded under this Cover- age Part with re- spect to such products. (d)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte- nance,repair, construc- tion, erection, or re- moval of advertising signs, awnings, cano- pies,cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2)The construction, erec- tion, or removal of ele- vators; or 3)The ownership, main- tenance, or use of any elevators covered by this insurance. (e)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing provisions: 1)This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2)This insurance does not apply to "bodily in- jury", "property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f)Any person or organization with which you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability arising out of "your work" performed for that additional insured by you or on your behalf.A person or organi- zation's status as an insured under this provision of this endorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the expiration date of this Coverage Part. If there is no written contract or agreement,or if no pe- riod of time is required by the written contract or agreement, a person or or- ganization's status as an in- sured under this endorse- ment ends when your op- erations for that insured are completed. (3)Any insurance provided to an additional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e)and (f) does not apply to "bodily in- jury" or "property damage" included within the "prod- ucts-completed operations hazard"; (b)Subparagraphs (a), (b), (d), (e)and (f)does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the ad- ditional insured or their agents, "employees" or any other representative of the additional insured; or (c)Subparagraph (f)does not apply to "bodily injury", "property damage"or "per- sonal and advertising injury" arising out of: 1)Defects in design fur- nished by or on behalf of the additional in- sured; or 2)The rendering of,or failure to render,any professional architec- tural, engineering or surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 13 of 15 a)The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or- ders,change or- ders or drawings and specifications; and b)Supervisory,in- spection, architec- tural or engineer- ing activities. 3)"Your work" for which a consolidated (wrap-up) insurance program has been provided by the primecontractor-project manager or owner of the construction project in which you are in- volved. b.Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2)Sub- paragraph (f)above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part,whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part.The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c.SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1)Condition 5. Other Insurance is amended to include: (a)Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and /or noncon- tributing, whichever applies, with this insurance. (b)Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1)As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS,5. Other Insurance,b. Excess Insurance; or 2)For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorsement shall also be excess. (2)Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11.Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a.Be provided by the In- surance Services Office additional insured form number CG 20 10 or CG 20 37 (where edi- tion specified); or b.Include coverage for completed operations; or c.Include coverage for "your work"; and where the limits or cov- erage provided to the addi- tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above,or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 14 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever,the written contract or agreement specifies the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a)and 9.a.(3)(b)of this endorsement shall not apply and Paragraph 9.b.of this endorsement shall ap- ply. 10.Broadened Contractual Liability -Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1)of Definition 12."Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11.Property Damage to Borrowed Equip- ment a.The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE A.BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B.Limits of Insurance, 11.of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced.The Limits of Insurance shown in Section B.Limits of Insurance, 11.of this endorsement fix the most we will pay in any one "oc- currence"regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bring "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B.Limits of Insur- ance, 11.of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b)Condition 2. Duties in the Event of Occurrence,Of- fense,Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12.Employees as Insureds -Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d)of SECTION II -WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13.Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit (SECTION IV -COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1)How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 15 of 15 (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Lo ss Condition s, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury"or "property damage"arising out of the operation of a covered "auto"when you have assumed liability for such "bodily injury"or "property damage"under an "insured contract", provid- ed the "bodily injury"or "property damage"oc- curs subsequent to the execution or the "in- sured contract". B.Noncontributory Insurance SECTION IV -BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c.is replaced by the following: c.Regardless of the provisions of Par- agraph a.above,this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract"that requires liability to be assumed on a primary noncontributo- ry basis. C.Additional Insured by Contract SECTION II -LIABILITY COVERAGE,A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1.Executed prior to the accident causing "bodily injury"or "property damage"; and 2.Is still in force at the time of the "accident" causing "bodily injury"or "property dam- age". D.Employee Hired Auto 1.Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A.Coverage, 1. Who is an Insured: An "employee"of yours is an "insured" while operating an "auto"hired or rented under a contract or agreement in that "employee's"name, with your permission, while performing duties related to the conduct of your business. 2.Changes in General Conditions SECTION IV -BUSINESS AUTO CON- DITIONS, B. General Co nditions, 5. Other Insurance is amended b y repla c- ing Paragraph 5.b.with the following: b.For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos"you own: (1)Any covered "auto"you l ease, hire, rent or borrow; and (2)Any covered "auto"hired or rented by your "employee"under a contract in that individual "em- ployee's"name, with your per- mission,while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 2 of 4 However, any "auto"that is leased, hired,rented or borrowed with a driver is not a covered "auto". E.Audio, Visual and Data Electron ic Equip- ment SECTION III -PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4.The most we will pay for all "loss"to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent"is the lesser of: a.The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b.The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c.$2,500. Provided the equipment, at the time of the "loss"is: a.Permanently installed in or upon the covered "auto"in a housing, opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; b.Removable from a permanently in- stalled housing unit as described in Paragraph 2.a.above; or c.An integral part of such equipment. F.Who is an Insured -Amended SECTION II -LIABILITY COVERAGE,A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1.Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured"under any other au- tomobile liability policy, or would be an "insured"under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2.Any organization that is newly acquired or formed by you and over which you main- tain majority ownership.The insurance provided by this provision: a.Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b.Does not apply to "bodily injury"or "property damage"resulting from an "accident"that occurred before you acquired or formed the organization; c.Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d.Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3.Any of your "employees"while using a covered "auto "in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G.Liability Coverage Extensions -Supple- mentary Payments -Higher Limits SECTION II -LIABILITY COVERAGE,A. Coverage, 2. Coverage Extensions,a. Sup- plementary Payments is amended by: 1.Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2.Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H.Amended Fellow Employee Exclusion SECTION II -LIABILITY COVERAGE,B. Ex- clusions,5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I.Hired Auto -Physical Damage If hired "autos"are covered "autos"for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III -PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos"you hire, subject to the fol- lowing: 1.The m ost we will pay for "loss "to any hired "auto"is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3.Hired Auto -Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 3 of 4 4.Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto"you own i n- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident"for which you are legally liable and as a result of which a m onetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident"is $3,000. If a limit for Hired Auto -Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J.Rental Reimbursement SECTION III -PHYSICAL DAMAGE is amended by adding the following: 1.We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto"because of a "loss "to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2.We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss"and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a.The number of days reasonably re- quired to repair the covered "auto". If "loss"is caused by theft,this number of days is added to the number of days it takes to locate the covered "auto"and return it to you; or b.30 days. 3.Our payment is limited to the lesser of the following amounts: a.Necessary and actual expenses in- curred; or b.$50 per day. 4.This coverage does not apply while there are spare or reserve "autos"available to you for your operations. 5.We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III -PHYSICAL DAM- AGE CO VERAGE,A. Coverage, 4. Coverage Extensions. K.Transportation Expense -Higher Limits SECTION III -PHYSICAL DAMAGE COV- ERAGE, A.Co verage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per da y, and $600 maximum with $1,500 maxim um in Extension a. Transpor- tation Expenses. L.Airbag Coverage SECTION III -PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a.is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M.Loan or Lease Gap Coverage 1.SECTION III -PHYSICAL DAMAGE COVERAGE, C.Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos"with an original loan or lease, and only in the event of a "total loss "to such a private passenger type "auto": a.The most we will pay for "loss"in any one "accident"is the greater of: (1)The amount due under the terms of the lease or loan to which your covered private passenger type "auto"is subject, but will not include: (a)Overdue lease or loan pay- ments; (b)Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c)Security deposits not re- funded by the lessor; (d)Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases, or (2)Actual cash value of the stolen or damaged property. b.An adjustment for depreciation and physical condition will be made in d e- termining actual cash value at the time of "loss ". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 4 of 4 2.SECTION V -DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss"means a "loss"in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N.Glass Repair -Waiver of Deductible SECTION III -PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O.Duties in the Event o f an Accident, Claim, Suit or Loss -Amend ed SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a.is amended by adding the following: This condition applies only when the "acci- dent"or "loss"is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.An executive officer or insurance manag- er, if you are a corporation; or 4.A member or manager,if you are a lim- ited liability company. P.Unintentional Failure to Disclose Hazards SECTION IV -BUSINESS AUTO CONDI- TIONS, B.General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q.Mental Anguish Resulting from Bod ily Inju- ry SECTION V -DEFINITIONS, C. "Bodily inju- ry"is deleted in its entirety and replaced by the following: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury"does not include mental anguish or death that does not result from bodily injury, sickness or disease. R.Coverage for Certain Op erations in Con- nection with Railroads With respect to the use of a covered "auto"in operations for or affecting a railroad: 1.Section V -Definition s, H."Insured con- tract", 1.c.is amended to read: c.An easement or license agreement; 2.Section V -Definition s, H. "Insured con- tract",2.a.is deleted.