Loading...
HomeMy WebLinkAboutC2019-259 - 2/26/2019 - Approved C2019-259 2/26/19 M2019-034 Summitt Building& Design 00 52 23 AGREEMENT This Agreement, for the Project awarded on February 26, 2019, is between the City of Corpus Christi (Owner)and AOC Calton,Ltd.dba Summitt Building&Design (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: CCAD Industrial Security Enclave Project E17088 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV.Inc. 801 Navigation Blvd.,Suite 300 Corpus Christi,TX 78408 cforsythe@LNVinc.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#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. Agreement 00 52 23-1 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF C.C.A. D. INDUSTRIAL SECURITY ENCLAVE PROJECT PROJECT NUMBER E17088 10 OF TE ,, , , ED qRC �P ......... �**ISI /................................. ./ � DOUGLAS 109521 r 79929 CO A L TE OF Cityof Corpus Christi ................................. JEFFREY D. TABB i i DENNIS L MILLER i ................................� 1............... i 87912 January 11 2019 51503 ! E �O.G�e��r !lF� ��r fla��� �70IVAt�t ` TBPR FIRM NO.2-366 L4v TBPLS FIRM NO.10126500 engineers I architects I surveyors 801 NAVfGATION.SUITE 300 PH. (361}883-1984 CORPUS CHRISTI.TX 70408 FAX(361}883-1986 VAWV.LNVINC.COM Record Drawing Number PBG 847 000100 TABLE OF CONTENTS Division J Title Section Division 00 Procurement and Contracting Requirements 00 00 00 Cover 000100 Table of Contents(Rev.11-14-2018) 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 30-11-2018) 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(Rev 01-2016) 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) 00 61 13 Performance Bond (Rev 10-11-2018) 00 61 16 Payment Bond (Rev 10-11-2018) 00 72 00 General Conditions(Rev 11-13-2018) 00 73 00 Supplementary Conditions(Rev 10-11-2018) Division 01 General Requirements 011100 Summary of Work(Rev 10-11-2018) 012310 Alternates and Allowances(Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment(Rev 10-11-2018) 01 33 01 Submittal Register(Rev 10-11-2018) 013500 Special Procedures(Rev 10-11-2018) 015000 Temporary Facilities and Controls(Rev 10-11-2018) 01 57 00 Temporary Controls(Rev 10-11-2018) Part S Standard Specifications 020 SITE ASSESSMENTS&CONTROLS 020100 Survey Monuments 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures Table of Contents 000100-1 CCAD Industrial Security Enclave Project,#E17088 Rev 11/2018 Division/ Title Section 022 EARTHWORK 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022080 Embankment 022100 Select Material 022420 Silt Fence 025 ROADWAY 025205 Pavement Repair, Curb,Gutter,Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 028 SITE IMPROVEMENTS& LANDSCAPING 028020 Seeding 028040 Sodding 030 CONCRETE, GROUT 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 01 14 00 Work Restrictions NASCC Application for Excavation Permit CCAD Guidelines for Soil Disturbance Activities at the CCAD Installation Restoration (IR)Site T-028350 Chain Link Security Fence 03 30 00 Cast-In-Place Concrete 03 60 00 Grouting rO5 12 00 Structural Steel Table of Contents 000100-2 CCAD Industrial Security Enclave Project,#E17088 Rev 11/2018 Division/ Title Section 05 12 43 Miscellaneous Metal 053123 Steel Roof Deck 07 41 13 Metal Roof Panels 099100 Painting 10850 Miscellaneous Items 11 14 13 Pedestrian Gates 111413.19 Turnstiles 26 02 00 Basic Materials and Methods 26 05 19 Wire, Cable and Related Materials 26 05 26 Grounding 26 05 33 Raceways 26 24 16 Panelboards 26 27 26 Wiring Devices 262816 Safety and Disconnect Switches 26 5100.13 Lighting Fixtures—Light Emitting Diode (LED) 27 00 00 Basic Materials and Methods 27 02 01 Coordination Drawings 27 03 00 Communications Demolition for Remodeling 27 05 28 Pathways for Communications Systems 27 10 00 Structured Cabling 28 02 00 Basic Materials and Methods 28 02 01 Coordination Drawings 28 13 00 Access Control System 28 23 00 CCTV Security Camera System 32 17 23 Pavement Markings 323100 Structural Cantilever Slide Gate (Chain Link) 323100 Electric Gate Operators CUT-SHEETS SteadyMax StrongPoles Appendix Title A Radius Report END OF SECTION Table of Contents 000100-3 CCAD Industrial Security Enclave Project,#E17088 Rev 11/2018 DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: CCAD Industrial Security Enclave Project E17088 A. Base Bid: The proposed improvements include clearing vegetation as required along fence route and demolition of walks and other designated items; repair/ reconstruction of designated existing fencing; setting new security fence and gate posts in concrete footings along the designated secure perimeter, installing new chain-link fence fabric with barbed wire extension;installing new chain-link vehicle gates with barbed wire extension; install new gate motors tied into card readers at new gate locations; install new aircraft cabling security fence reinforcing along designated fence runs; install new turnstile systems with ADA accessible man gates in designated locations, with new shade canopies and lighting over all turnstiles and ADA man gates; install new security access card readers at all gates and turnstiles; install new security cameras at vehicle gates and other designated locations. Confirm location of primary power connection for all electrically operated equipment and provide tie-in for all power security card readers and cameras to designated location inside adjacent buildings as per plans.Temporary and permanent storm water pollution prevention and sediment control measures will also be included. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$3,011,000 including 10% contingency. 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. Invitation to Bid and Instructions to Bidders 002113- 1 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 pm on Wednesday, February 13, 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. Bids shall be accompanied by Bid Phase Technical Submittals for long lead items to allow submittals to be reviewed so the Owner can issue authorization to procure within three days of Notice to Proceed. Bids shall also include the Contractor's Statement of Experience as identified in Section 00 30 00 Bid Acknowledgement Form, Article 7-Attachments to this Bid. Failure to include the Bid Phase Technical Submittals and Statement of Experience may be cause for bid resection. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 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 - CCAD Industrial Security Enclave Project, Project No. E17088 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 SmartBoard 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. Invitation to Bid and Instructions to Bidders 002113- 2 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Wednesday,January 30, 2019 at 10:00 am at the following location: City Hall Building, 3rd Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda,and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. Invitation to Bid and Instructions to Bidders 002113-3 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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. Invitation to Bid and Instructions to Bidders 002113-4 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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 Invitation to Bid and Instructions to Bidders 002113-5 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. 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. Invitation to Bid and Instructions to Bidders 002113-6 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 Bids will be evaluated based on the following order of priority, subject to the availability of funds: A. Total Base Bid. B. Total Base Bid plus Alternate No. 1 (Deductive). C. Total Base Bid plus Alternate No. 2 (Deductive). D. Total Base Bid plus Alternate No. 3 (Deductive). E. Total Base Bid plus any combination of Alternate (Deductive) bid items, as determined to be in the best interest of the City and subject to the availability of funds. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and 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. Invitation to Bid and Instructions to Bidders 002113-7 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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 Invitation to Bid and Instructions to Bidders 002113-8 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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.). Invitation to Bid and Instructions to Bidders 002113-9 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of 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- 10 CCAD Industrial Security Enclave Project,#E17088 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 LNV, 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 4.04.1)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 Supplementary Conditions 007300-1 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 3. A total of 20 rain days have been set for this Project. An extension of time due to rain days will be considered only after 20 rain days have been exceeded during the contract time period 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: None 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: a. Radius Report,dated October 25,2018,prepared by GeoSearch.An excerpt from this document is included in Appendix A: 1) This document reports the findings of searches in numerous Federal and State environmental databases. 2. Drawings of physical conditions relating to known Hazardous Environmental Conditions at the Site include the following: None 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 $1,000,000 Per Occurrence 3. Explosions and Collapse Hazard $2,000,000 Aggregate 4. Underground Hazard Supplementary Conditions 007300-2 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required n Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ElRequired a 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 7:30 a.m. and 4:30 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." Supplementary Conditions 007300-3 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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: Wage Determination Construction Type Project Type (WD)No TX-31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX-40 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). TX-342 Building Building Construction Projects (does not include single family homes or apartments up to and including 4 stories) Supplementary Conditions 007300-4 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 GENERAL DECISION NUMBER:TX18003101/05/2018 TX31 SUPERSEDED GENERAL DECISION NUMBER:TX20170031 STATE:TEXAS CONSTRUCTION TYPE: HEAVY COUNTIES: NUECES AND SAN PATRICIO COUNTIES IN TEXAS. HEAVY CONSTRUCTION PROJECTS(INCLUDING SEWER AND WATER LINE CONSTRUCTION AND DRAINAGE PROJECTS) NOTE: UNDER EXECUTIVE ORDER(EO)13658,AN HOURLY MINIMUM WAGE OF$10.35 FOR CALENDAR YEAR 2018 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$10.35 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION, IF IT IS HIGHER) FOR ALL HOURS SPENT PERFORMING ON THE CONTRACT IN CALENDAR YEAR 2018.THE EO MINIMUM WAGE RATE WILL BE ADJUSTED ANNUALLY. PLEASE NOTE THAT THIS EO APPLIES TO THE ABOVE-MENTIONED TYPES OF CONTRACTS ENTERED INTO BY THE FEDERAL GOVERNMENT THAT ARE SUBJECT TO THE DAVIS-BACON ACT ITSELF, BUT IT DOES NOT APPLY TO CONTRACTS SUBJECT ONLY TO THE DAVIS-BACON RELATED ACTS, INCLUDING THOSE SET FORTH AT 29 CFR 5.1(A)(2)-(60).ADDITIONAL INFORMATION ON CONTRACTOR Supplementary Conditions 007300-5 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/05/2018 * SUTX1987-001 12/01/1987 RATES FRINGES CARPENTER(EXCLUDING FORM SETTING).........................$ 9.05 CONCRETE FINISHER................$ 7.56 ELECTRICIAN......................$ 13.37 2.58 LABORERS: COMMON......................$ 7.25 UTILITY.....................$ 7.68 POWER EQUIPMENT OPERATORS: BACKHOE.....................$ 9.21 MOTOR GRADER................$ 8.72 ---------------------------------------------------------------- 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 LIKE FAMILY TO THE EMPLOYEE)WHO IS A VICTIM OF, Supplementary Conditions 007300-6 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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 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 Supplementary Conditions 007300-7 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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 Supplementary Conditions 007300-8 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 SURVEY WAS CONDUCTED BECAUSE THOSE REGIONAL OFFICES HAVE RESPONSIBILITY FOR THE DAVIS- BACON SURVEY PROGRAM. IF THE RESPONSE FROM THIS INITIAL 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 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 Supplementary Conditions 007300-9 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 GENERAL DECISION NUMBER:TX180040 01/05/2018 TX40 SUPERSEDED GENERAL DECISION NUMBER:TX20170040 STATE:TEXAS CONSTRUCTION TYPE: HIGHWAY COUNTIES:ARANSAS,CALHOUN,GOLIAD,NUECES AND SAN PATRICIO COUNTIES IN TEXAS. HIGHWAY CONSTRUCTION PROJECTS(EXCLUDING TUNNELS, BUILDING STRUCTURES IN REST AREA PROJECTS&RAILROAD CONSTRUCTION;BASCULE,SUSPENSION &SPANDREL ARCH BRIDGES DESIGNED FOR COMMERCIAL NAVIGATION, BRIDGES INVOLVING MARINE CONSTRUCTION;AND OTHER MAJOR BRIDGES). NOTE: UNDER EXECUTIVE ORDER(EO)13658,AN HOURLY MINIMUM WAGE OF$10.35 FOR CALENDAR YEAR 2018 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$10.35 PER HOUR(OR THE APPLICABLE WAGE RATE LISTED ON THIS WAGE DETERMINATION,IF IT IS HIGHER) FOR ALL HOURS Supplementary Conditions 00 73 00-10 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 SPENT PERFORMING ON THE CONTRACT IN CALENDAR YEAR 2018.THE EO MINIMUM WAGE RATE WILL BE ADJUSTED ANNUALLY. PLEASE NOTE THAT THIS EO APPLIES TO THE ABOVE-MENTIONED TYPES OF CONTRACTS ENTERED INTO BY THE FEDERAL GOVERNMENT THAT ARE SUBJECT TO THE DAVIS-BACON ACT ITSELF, BUT IT DOES NOT APPLY TO CONTRACTS SUBJECT ONLY TO THE DAVIS-BACON RELATED ACTS, INCLUDING THOSE SET FORTH AT 29 CFR 5.1(A)(2)-(60).ADDITIONAL INFORMATION ON CONTRACTOR Supplementary Conditions 007300-11 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/05/2018 * SUTX2011-010 08/08/2011 RATES FRINGES CEMENT MASON/CONCRETE FINISHER(PAVING &STRUCTURES)...$ 12.64 FORM BUILDER/FORM SETTER PAVING &CURB...............$ 10.69 STRUCTURES..................$ 13.61 LABORER ASPHALT RAKER...............$ 11.67 FLAGGER.....................$ 8.81 LABORER,COMMON.............$ 10.25 LABORER,UTILITY............$ 11.23 PIPELAYER...................$ 11.17 WORK ZONE BARRICADE SERVICER....................$ 11.51 PAINTER(STRUCTURES).............$21.29 POWER EQUIPMENT OPERATOR: ASPHALT DISTRIBUTOR.........$ 14.25 ASPHALT PAVING MACHINE......$ 13.44 MECHANIC....................$ 17.00 MOTOR GRADER, FINE GRADE....$ 17.74 Supplementary Conditions 007300 - 12 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 MOTOR GRADER, ROUGH.........$ 16.85 TRUCK DRIVER LOWBOY-FLOAT................$ 16.62 SINGLE AXLE.................$ 11.61 ---------------------------------------------------------------- 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 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 Supplementary Conditions 007300-13 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 NEGOTIATED RATE FOR LOCAL),A SURVEY RATE(WEIGHTED AVERAGE RATE)OR A UNION AVERAGE RATE(WEIGHTED UNION AVERAGE RATE). UNION RATE IDENTIFIERS 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 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 Supplementary Conditions 007300-14 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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- Supplementary Conditions 007300-15 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 BACON SURVEY PROGRAM. IF THE RESPONSE FROM THIS INITIAL 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 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. Supplementary Conditions 007300, 16 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 WASHINGTON, DC 20210 4.)ALL DECISIONS BY THE ADMINISTRATIVE REVIEW BOARD ARE FINAL. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION GENERAL DECISION NUMBER:TX180342 09/14/2018 TX342 SUPERSEDED GENERAL DECISION NUMBER:TX20170342 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$10.35 FOR CALENDAR YEAR 2018 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$10.35 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 2018.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 Supplementary Conditions 007300- 17 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 REQUIREMENTS AND WORKER PROTECTIONS UNDER THE EO IS AVAILABLE AT WWW.DOL.GOV/WHD/GOVCONTRACTS. MODIFICATION NUMBER PUBLICATION DATE 0 01/05/2018 1 09/14/2018 BOIL0074-003 01/01/2017 RATES FRINGES BOILERMAKER......................$28.00 22.35 ---------------------------------------------------------------- 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 ---------------------------------------------------------------- * IRON0084-01106/01/2018 Supplementary Conditions 007300- 18 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 RATES FRINGES IRONWORKER,ORNAMENTAL...........$23.77 7.12 ---------------------------------------------------------------- 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 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 Supplementary Conditions 007300- 19 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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 METAL WORKER(HVAC DUCT INSTALLATION ONLY)...............$22.73 7.52 SHEET METAL WORKER, 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 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. Supplementary Conditions 007300-20 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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 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 Supplementary Conditions 007300-21 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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. Supplementary Conditions 007300-22 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 08/29/2014 INDICATES THE SURVEY COMPLETION DATE FOR THE CLASSIFICATIONS AND RATES UNDER THAT IDENTIFIER. 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- Supplementary Conditions 007300-23 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 BACON SURVEY PROGRAM. IF THE RESPONSE FROM THIS INITIAL 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 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. Supplementary Conditions 007300-24 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 Project Architect/Engineer: LNV, Inc. 361-883-1984 Craig Forsythe, RA,AIA 361-883-1984 Dennis Miller, P.E., CFM Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/Wastewater/Stormwater 361-826-1800 (361-826-1818 after hours) 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 (Network Operations Center) 1-888-632-0931 Centuryl-ink 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Supplementary Conditions 007300-25 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Public Agencies/Contacts Phone Number 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 ***REFER TO SECTION 0133 01—SUBMITTAL REGISTER*** ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description 01 33 01 Items Listed in Section 0133 01 SUBMITTAL REGISTER END OF SECTION Supplementary Conditions 007300-26 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 ARTICLE 21—QUALITY MANAGEMENT 21.01 Contractor's Responsibilities A. Review the OPT's Quality Management Program and prepare and submit the Contractor's Quality Control Plan. B. Implement the Contractor's Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. *A thp APT th 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; C. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. ADDENDUM NO. 2 General Conditions ATTACHMENT #2 007200-94 Corpus Christi Standards- Regular Projects PAGE 1 OF 1 Rev 11/2018 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 Bids will be evaluated based on the following order of precedence, subject to the availability of funds: A. Total Base Bid plus Additive Alternate No. 4 B. Total Base Bid minus any Deductive Alternate (No. 1, No. 2 or No. 3) plus Additive Alternate No.4 C. Total Base Bid minus any combination of two Deductive Alternates (No. 1& No. 2, No. 1 &No. 3, No. 2& No. 3) plus Additive Alternate No. 4 D. Total Base Bid minus all Deductive Alternates(No. 1, No. 2, and No. 3) plus Additive Alternate No.4 E. Total Base Bid F. Total Base Bid minus any Deductive Alternate (No. 1, No. 2, or No. 3) G. Total Base Bid minus any combination of two Deductive Alternates (No. 1&No. 2, No. 1 & No. 3, No. 2& No. 3) H. Total Base Bid minus all Deductive Alternates(No. 1, No. 2, and No. 3) ARTICLE 16—MINORITY/ MBE/ DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE / DBE Participation Policy as indicated in SECTION 00 72 00 GENERAL CONDITIONS. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and 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. ADDENDUM NO. 2 Invitation to Bid and Instructions to Bidders ATTACHMENT #3 002113-7 CCAD Industrial Security Enclave Project,#E17088 PAGE 1 OF 4 Rev 10/2018 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. 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 ADDENDUM NO. 2 ATTACHMENT #3 Invitation to Bid and Instructions to Bidders PAGE 2 OF 4 002113-8 CCAD Industrial Security Enclave Project,#E17088 I I Rev 10/2018 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 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. ADDENDUM NO. 2 Invitation to Bid and Instructions to Bidders ATTACHMENT #3 002113-9 CCAD Industrial Security Enclave Project,#E17088 PAGE 3 OF 4 Rev 10/2018 I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of 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 ADDENDUM NO. 2 ATTACHMENT #3 Invitation to Bid and Instructions to Bidders PAGE 4 OF 4 002113- 10 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Report Created On:2/13/2019 2:22:45 PM PROJECT: E17088 C.C.A.D. Industrial Security Enclave Project BIDDER: Summit Building & Design TOTAL BID: $2,935,359.30 COMPLETION TIME: Not Required BIDDER INFO: 15600 San Pedro Ave. Suite 209 San Antonio,TX 78232 P: 888-775-2266 F: 956-753-4005 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.1 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Summit Building&Design (type or print name of company) on. Wednesday, February 13, 2019 at 2:00 pm for COAD Industrial Security Enclave Project, Project No.E17088. 1.2 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-CCAD Industrial Security Enclave Project, Project No. E17088 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 2.1 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. 2.2 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. 2.3 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. 2.4 Bidder accepts the provisions of the Agreement a to liquidated#mages in the event of its failure to complete Work in accordance with the sched le set forth in eAgr ement. 2.5 Bidder acknowledges receipt of the following A enda: Addendum No. Addendum Date Sign u e Acknowle in eceipt ADDENDUM NO. 1 Bid Acknowledgement Form ATTACHMENT #2 00 30 00-1 CCAD Industrial Security Enclave Project,#E17088 PAGE 1 OF 2 Rev 10/2018 Addendum No. Addendum Date Sign re Acknowl gllnj 4ceipt 2 02/08/2019 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 visitstothe 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 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 15.03 of SECTION 00 72 00 GENERAL CONDITIONS. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price, plus any combination of Add or Deduct Alternates. 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 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 5.2 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. 5.3 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 6.1 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. 6.2 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 NONRESIDENTBIDDERS. E. SECTION 00 30 05 DISCLOSURE OFINTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE. W. RID PW AtU_€6 1 H CA1 SkJ R n^�zq 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. ADDENDUM NO. 1 ATTACHMENT #2 Bid Acknowledgement Form PAGE 2 OF 2 003000-4 CCAD Industrial Security Enclave Project,#E17088 I I Rev 10/2018 ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. 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 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: AOC Calton, td.,dba Sui amiffl j1ding&Design (typed or print d Il legal name Bidder By: (individual's signa re) Name: David Acevedo (typed or printed) Title: General Manager (typed or prin e Attest: (individual's s' n re) State of Residency: Texas Federal Tax Id. No. 45-3697682 Address forgiving notices: 4506 Hwy 359 Laredo,Texas 78043 Phone: (888) 775-2266 Email. david.acevedo@summitbuildinganddesign.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 COAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Report Created On:2/13/2019 2:22:45 PM BID TOTALS BASE BID Total Part A-General $186,721.40 Part B-Security Fencing&Gates and Related Improvements $2,719,915.90 Part C-ADA Pedestrian Improvements $28,722.00 Total $2,935,359.30 ADDITIVE ALTERNATE 1 Total Part D-Alternate No.1 (Deductive) $68,188.00 Total $68,188.00 ADDITIVE ALTERNATE 2 Total Part E-Alternate No. 2(Deductive) $90,606.00 Total $90,606.00 ADDITIVE ALTERNATE 3 Total Part F-Alternate No. 3(Deductive) $63,525.00 Total $63,525.00 ADDITIVE ALTERNATE 4 Total Part G-Alternate No.4(Additive) $10,000.00 Total $10,000.00 Part A-General No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max. 5%) LS 1 $40,000.00 $40,000.00 A2 Bonds&Insurance LS 1 $84,000.00 $84,000.00 A3 Storm Water Pollution Prevention LS 1 $1,840.00 $1,840.00 A4 Sediment Control(Silt) Fence LF 285 $6.00 $1,710.00 A5 Curb Inlet Protection EA 16 $184.60 $2,953.60 Report Created On:2/13/2019 2:22:45 PM A6 Stabilized Construction Entrance LS 1 $4,467.80 $4,467.80 A7 Seeding for Erosion Control LS 1 $11,500.00 $11,500.00 A8 Block Sodding LS 1 $17,250.00 $17,250.00 A9 Demolition of Existing Facilities LS 1 $23,000.00 $23,000.00 (Concrete Sidewalk,Signs, Shrubs,Concrete&Asphalt Pavement, etc.) Sub Total: $186,721.40 Part B-Security Fencing&Gates and Related Improvements No. Description Unit Qty Unit Price Ext Price B1 Site Clearing&Stripping and Site LS 1 $34,500.00 $34,500.00 Grading B2 8-ft High Chain-Link Security Fence LF 4040 $53.60 $216,544.00 w/3-Strand Barbed Wire B3 Fence Reconstruction LF 50 $31.10 $1,555.00 B4 Cabling Fence Reinforcing and Fence LF 1650 $44.30 $73,095.00 Supports B5 Concrete Deadman for Fence EA 8 $1,983.80 $15,870.40 Reinforcing B6 20-ft Chain-Link Motorized Gate EA 3 $18,911.80 $56,735.40 Opening B7 30-ft Chain-Link Motorized Gate EA 8 $19,389.00 $155,112.00 Opening B8 40-ft Chain-Link Motorized Gate EA 1 $25,144.80 $25,144.80 Opening B9 20-ft Chain-Link Manual Gate Opening EA 2 $12,650.00 $25,300.00 B10 25-ft Chain-Link Manual Gate Opening EA 1 $13,673.50 $13,673.50 B11 Personnel Turnstile/Mangate Assembly EA 6 $55,878.50 $335,271.00 B12 Personnel Dual Turnstile/Mangate EA 3 $78,637.00 $235,911.00 Assembly B13 Personnel Entry Concrete Foundation EA 6 $431.30 $2,587.80 (at Single Turnstile) B14 Personnel Entry Concrete Foundation EA 3 $431.30 $1,293.90 (at Dual Turnstile) B15 Personnel Entry Roof Structure(at EA 6 $19,446.50 $116,679.00 Report Created On:2/13/2019 2:22:45 PM Single Turns *le) B16 Personnel Entry Roof Structure(at Dual EA 3 $21,091.00 $63,273.00 Turnstile) B17 8-inch Bollard(Single Post) EA 37 $782.00 $28,934.00 B18 8-inch Bollard(Dual Posts with Rail) EA 14 $1,995.30 $27,934.20 B19 Trenching(including Bedding& LF 1960 $13.80 $27,048.00 Backfilling) B20 Trench Pavement Repair LF 985 $109.30 $107,660.50 B21 Access Control/Electrical/Security/ EA 10 $101,200.00 $1,012,000.00 Telecom Hub/Extensions(per Hub) B22 Concrete Vehicle Gate Motor Base EA 12 $345.00 $4,140.00 B23 Concrete Footing for 12-ft Camera Pole EA 12 $2,300.00 $27,600.00 B24 Concrete Footing for 25-ft Camera Pole EA 3 $3,450.00 $10,350.00 B25 Tower Pedestal for Card Reader EA 18 $1,247.80 $22,460.40 B26 Gooseneck Pedestal for Card Reader EA 18 $1,138.50 $20,493.00 including Conc. Base B27 Signage LS 1 $11,500.00 $11,500.00 B28 Pavement Markings LS 1 $17,250.00 $17,250.00 B29 Allowance for Unanticipated LS 1 $30,000.00 $30,000.00 Improvements Sub Total: $2,719,915.90 Part C-ADA Pedestrian Improvements No. Description Unit Qty Unit Price Ext Price C1 4-inch Concrete Sidewalk SF 3120 $8.10 $25,272.00 C2 Concrete Curb Ramp EA 2 $1,725.00 $3,450.00 Sub Total: $28,722.00 Part D-Alternate No.1 (Deductive) No. Description Unit Qty Unit Price Ext Price D1 Delete Entry Turnstile No. 1 As Shown LS 1 $68,188.00 $68,188.00 Sub Total: $68,188.00 Report Created On:2/13/2019 2:22:45 PM Part E-Alternate No.2(Deductive) No. Description Unit Qty Unit Price Ext Price E1 Delete Entry Turnstile No. 2 As Shown LS 1 $90,606.00 $90,606.00 Sub Total: $90,606.00 Part F-Alternate No.3(Deductive) No. Description Unit Qty Unit Price Ext Price F1 Delete Cabling Fence Reinforcing in LS 1 $63,525.00 $63,525.00 Specified Areas As Shown Sub Total: $63,525.00 Part G-Alternate No.4(Additive) No. Description Unit Qty Unit Price Ext Price G1 Provide Pricing for Alternate Number of LS 1 $10,000.00 $10,000.00 Construction Days: Substantial Completion: 150 Days, Final Completion: 180 Days Sub Total: $10,000.00 003002 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state, Check the statement that is correct for Bidder, ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of IV Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information proviIth of Texas Com trolley's annual publication of ether states' laws on contracts to evaluatnonresident Bid ers, Bidder_ Company Name: AOC Ca Su it uilding &Design yped r int ) --•®.e___�.�_.�.,....�_ By: (signature- pato vidence of authority to sign) Name. David Acevedo �.� __.... .............._._..en.� �.. (typed or printed) Title: General Manager Business address: _ 4506 Hwv 353 rr Laredo, TX 78043 Phone: (888) 775-2266 Email: david.acevedo@summitbuildinganddesign.com ENE} OF SECTION Compliance to State Law on Nonresident Bidders 003002 -1 COAD Industrial Security Enclave Project,#E17088 10/2018 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: AOC Calton,Ltd., dba Summit Bilding&Design STREET P. O. BOX: 420285 ADDRESS 4506 Hwy 359 CITY: Laredo STATE: Texas ZIP: 78043- FIRM IS: 1. Corporation ❑ 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a"consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A City of Corpus Christi 00 30 05—1 CCAD Industrial Security Enclave Project,#E17088 Rev 01/2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in. the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any infFation requested; nd that supplemental statements will be promptly submitted to the City of Corpus Christi,T as changes occu Certifying Person: David Aceved itle: General.Manager (Type or Print) Signature of Certifying Person: Date: 2/13/2019 DEFINITIONS a. "Board member," A member of any board, commission, or cornmittee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or Ileal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest," Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 00 30 05—1 CCAD industrial Security Enclave Project,#E17088 Rev 01/2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi,Texas 784011 CONTRACT: CCAD Industrial Security Enclave Project E17088 Bidder certifies that it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity,quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion betwee Bidders and an official of the Owner concerning exchange of money or other thing of value for sae i I consideration i the l ting of a contract. Company Name: _ AOC Calton, Ltd., dba Su it Building& si (typel r prin ted) By: I (signature--attache " ence of authority to sign) Name: David Acevedo (typed or printed) Title: General Manager Business address: 4506 Hwy 359 Laredo,TX 78043 Phone: (888) 775-2266 Email: david.acevedo@summitbuildin anddesi com ---- _ Wim_ de_gn END OF SECTION Non-Collusion Certification 003006-1 CCAD Industrial security Enclave Project,##E17088 14/20118 SureTec BID BOND KNOW ALL MEN BY THESE PRESENTS, that we AOC Holding Company, Inc. as principal, hereinafter called the"Principal," and SURETEC INSURANCE COMPANY, 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 5 %of the greatest amount bid by Principal 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 CCAD Industrial Security Enclave Project-E17088 Proi No NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 13th day of February 2019 AOC Holding Company, Inc. (Principal) BY: TITLE: Ulm Pr fd&& / SURETEC INSURANCE C ANY BY: Gregory Kahn ,Attorney-in-Fact POA#: 5263606 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Gregory Kahn its true and lawful Attorney-in-fact,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 waivers to the conditions of contracts and consents of surety for: Principal: AOC Holding Company, Inc. Obligee: City of Corpus Christi' Amount: S 4,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: 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 of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power 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. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 6th day of April,A.D.2017. RA°Mmow SURETEC C CO NY yVpF FV� X y � By'_ Z LU¢ w v John Kno .,7edin t State of Texas ss: County of Harris �e' •,�,_,,-1 On this 6th day of April,A.D.2017 before me personally came John Knox,Jr.,to me known,who,being by me ,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company descrd which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN GREENLEAF _v*16_Notary Public,State of Texas NY r ' + Comm. No Notary IDr12690 029 es 1 Jachuelyn Greenleaf,Notary Public My commission expires May 18,2021 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 13th day/aLf F bruary 2019 A.D. M.Brent eaty,Assistant Secretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Table 4-Safety Record and Experience S JUA, BUILDING DESIGN February 13, 2019 Attn: City of Corpus Christi To Whom It Might Concern: As Safety Manager for Summit Building & Design, I am responsible for safety at all construction jobsites. I have extensive experience in producing, executing, and maintaining policies and procedures to keep employees safe and healthy in the work place. Weekly tool box safety meetings are held at all construction sites, as well as audio and/or visual safety presentations are held. I provide job hazard analysis to all employees, and keep safety documentation for all projects. My qualifications include 18 years as safety manager for Arguindegui Oil Company. During my tenure there, I successfully completed OSHA Courses Construction Safety and Health (10 Hours) and OSHA 510 (31 Hours) in 2015. In 2016, I became a certified trainer in OSHA for the Construction Industry (OHSA). I am passionate about workplace safety and wellbeing. I possess strong oral communication and organizational skills. I apply myself with energy and enthusiasm in my position. I look forward with you. Respectfully, Carlos Perez Safety Manager Summit Building & Design Office (956) 727-6601 Fax (956)753-4005 Table 4-Safety Record and ExperienWORKERS COMPENSATION EXPERIENCE RATING OAV�Cl Risk Name:ARGUINDEGUI MANAGEMENT CO LLC Risk ID: 914327350 Rating Effective Date:05/01/2019 Production Date: 01/23/2019 State: INTERSTATE State,,J ,W >*xP xces Expected Exp t3rim .Act Exc Lasses, ballast ,,,pct Inc Mosses4ctPrifn Losses Loses Losses ....Losses ILA 1 .121 < 381 511. 131 01 65,2751 01 01 INM 1 .161 01 01 01 01 47,6001 01 0� Tx 1 .171 136,5591 207,5181 70,9591 269,8851 45,2251 316,0 51 46,210 'ActAI3•.(C)Exp Excess IES Ex etec (,E).Ep Prim ) t.,EG Bailast "`(Fl)Act inc ,,, {i}i4ct'Prim`.:........ Vitt Losses.(p.- 1©ses= Losses Losses(H J} ......... ' tosses. 1.171 1 136,5971 207,5691 70,9721 239,0091 4512301 283,5641 44,5551 Primary Lceses Stabilizing Value Ratable Excess Total$ (I) C*(1 -A)+G (A) (F) (J) Actual 44,555 158,606 40,632 243,793 (E) C« (1 -A)+G (A)'(C) (K) Expected 70,972 158,606 23,221 252,799 ARAP FLA#2AP SARAP... MAARAP Exp IUiar1„ (J)/(K) Factors 1.00 .96 RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE.THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. THIS RISK WAS PREVIOUSLY RATED UNDER RISK ID#420286392 AND WILL NOW BE RATED UNDER THE RISK ID# SHOWN ABOVE. Carrier: 29939-000 Policy: 0001130384 Eff-Date: 05-01-2018 Exp-Date: 05-01-2019 ©Copyright 1993-2019,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or in part,may be made without the prior written consent of NCCI.This product is furnished"As is""As available""With all defects'and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 3 Table 4-Safety Record and ExperienWORKERS COMPENSATION EXPERIENCE RATING CCI Risk Name:ARGUINDEGUI MANAGEMENT CO LLC Risk ID: 914327350 Rating Effective Date:05101/2019 Production Date: 01/2312019 State: INTERSTATE 17-LOUISIANA Firm ID: Firm Name: ARGUINDEGUI MANAGEMENT CO LLC Carrier: 14095 Policy No. WC928268600244 Eff Date: 05/01/2017 Exp Date: 05/01/2018 Gude ELR RD•© Payroll Exoectescf Losses «.....Prim Claim Data IJ JOFJ Act Inc Act Prim Losses Losses 8810 1 .11 .251 46,679 511 131 1 1 1 1 1 1 9812 (EMPLOYERS LIA6ILIT 0 0 I I 1 1 19948 1MINIMUM PREMIUM FO 1 01 Oil I I 1 1 1 Subject Total Act Inc Policy Total: 46,679 Premium: 290 Losses: 0 30-NEW MEXICO Firm ID: Firm Name: ARGUINDEGUI MANAGEMENT CO LLC Carrier: 14095 Policy No. WC928268600244 Eff Date: 05/01/2017 Exp Date: 05/01/2018 Code ELR R tlo Payroll ExpectedLosses Exp Prim Claim Data IJ 1OF1 Act Inc Act Prim I Losses Loss 1 1111 1NO EXPOSURE DEVELO 1 01 oil I J I 1 1 Subject Total Act Inc Policy Total: 0 Premium: 0 Losses: 0 42-TEXAS Firm ID: Firm Name: ARGUINDEGUI MANAGEMENT CO LLC Carrier: 29939 Policy No. 0001130384 Eff Date: 05/01/2015 Exp Date: 05/01/2016 ------------------ — ----- Code ELR D- Payroll Expected Exp Prim laim Data.. IJ 1OF1 Act Inc Act Prim ROtio Losses Losses Losses Losses 7421 1 .113 .301 49,987-- 651 20118000999107 1 01 1 F 1 281,876#1 16,5001 8350 1.56 .34 4,761,421 74,2781 25,255 4001007464 04 1 F 1 21,0091 16,5001 8742 1 .07 .35 560,702 392 13711 NO.2 06 1 1,4031 1,4031 8809 A5 .31 187,2001 --941 2911--� 1 1 1 8810 1 .04 .40 3,355,610 1,3421 53711 1 1 1 1 1 Subject Total Act Inc Policy Total: 8,914,920 Premium: 402,606 Losses: 304,288 42-TEXAS Firm ID: Firm Name: ARGUINDEGUI MANAGEMENT CO LLC Carrier: 29939 Policy No. 0001130384 Eff Date: 05/01/2016 Exp Date: 05/01/2017 Code ELR Payroll Expected Exp Prim Claim Data IJ OF Act Inc Act Prlm Ratio Losses Losses Losses Losses 5606 1 .29 .38 556,273 1,6131 6133�1 5001013828 05 1 F 1 10,8461 10,8461 7421 _13 .30 48,0901 631 -- 191 7001044736— 106 F 9611 961 8350 1 1.56 .34 3,390,844 52,8971 17,985',1 1 1 8742 1 .07 .35 414,357 290 102 1 1 8809 1 _05 .31 187,2001 941 „ 2911 —_1 1 1 1 1 8810 1 .04 .40 2,536,787 1,015 406 1 9014 1 _92 .39 68,1351 6271 245'1 Subject I JTotal Act Inc Policy Total: 7,201,686 Premium: 287,383 Losses: 11,807 ©Copyright 1993-2019,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or In part,may be made without the prior written consent of NCCI.This product Is furnished"As is""As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Total by Policy Year of all cases$2000 or less. D Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss #Limited Loss Page 2 of 3 Table 4-Safety Record and ExperienWORKERS COMPENSATION EXPERIENCE RATING CCI Risk Name:ARGUINDEGUI MANAGEMENT CO LLC Risk ID: 914327350 Rating Effective Date:05101/2019 Production Date: 01/2312019 State: INTERSTATE 42-TEXAS Firm ID: Firm Name: ARGUINDEGUI MANAGEMENT CO LLC Carrier: 29939 Policy No. 0001130384 Eff Date: 05/01/2017 Exp Date: 05/01/2018 Gude ELR RD•© Payroll Exoecfe$cf xp Losses Prim Claim Data IJ CIF Act Inc Act Prim Lasses Loses 5606 .29 .381 513,355 1,4891 5661 1 1 1 7421 .13 .301 50,560 661 20 8350 1 1.56 .34 4,534,526 70,7391 24,0511 1 1 8742 1 _07 .351 588,868 412 I --144/ 8809 .051 311 187,200 94 29 1 1 8810 .04 .40 3,052,773 1,2211 4881 9014 _92 .39 78,994_-7271 28411 1 1 ISubject Total Policy Total: 9,006,276 Prem um: 384,426 (Loss s: Inc 0 ©Copyright 1993-2019,All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc.(NCCI).No further use,dissemination,sale,transfer,assignment or disposition of this product,in whole or In part,may be made without the prior written consent of NCCI.This product Is furnished"As is""As available""With all defects"and includes information available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or correctness of the product or information contained therein.This product and the information contained therein are to be used exclusively for underwriting,premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes.All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Total by Policy Year of all cases$2000 or less. D Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss #Limited Loss Page 3 of 3 Table 4-Safety Record and Experience OSHA's Form 300A (Rev.0112004) Year 2017 4ei� Summary of Work-Related Injuries and IllnessesU.S.Department of Labor Oncupatlanal aahry and Health Adminlahahm c:r. !r0, a Fwm aPPmved OMB no r2n6Dr16 Allesyabllshmentsestrnmplere this Summary peg orh/unes or illnesses ocwrretl during rhe year.Remember to review fhe Log to verily that fhe entries are complete Using the Log,count the indHidual entries ygu made for each category. Then write the foram below. Establishment information making sure you've addetl the entries hom every page of the log.ff you hail no cases write'0.' Employees former employees.and their representatives have the right to revnew the OSHA Form 300 in Your establishment name AOC Calton Ii Summit Building and Design 45 entirety. They also have Omifed access to the OSHA Form 301 or ed egWvabnt See 29 CFR 1904.35,in OSHA's Recortlkeeping role,for further details on the access pmvismns Por these fomrs Street 4506 St HWY 359 NUMbstrof Cases City LaretlO State Tx zip 78042 Industry descniabon(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of General convenor deaths cases with days with job transfer or other recordable away from work restriction cases Standard Industrial Classihoation(SIC),d known(e.g.,SIC 3715) O 0 O 0 1 5 4 2 (G) (H) (h (J) OR Ncnh Amenwn Industrial Classihcatron(NAICS),if known(e.g 336212) Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 12 work 0 p total hours worked by all employees last (K) to year 29945 Injury and Illness Types Sign here Total number of... Knovring falsifying this document may result in a fine. (M) (1)Injury 0 (4)Poisoning 0 (2)Skin Disorder 0 (5)Headng Loss 0 (3)Respiratory I certify k1:. .hy ls document and that to the best of my knowledge the entries are t ue,accurate,and Condition 0 (6)All Other Illnesses 0 comple Rlsk Manager tive Title (56)722-5251 -40's Post this Summary page from February 1 to April 30 of the year following the year covered by the form phone Data Publrc rep,ling Widen b Ihrs Wlechm of inkrmahm is estimatetl to average 58 minutes per response,including time tO revtew the nstruchon.search and gaha the data rneeded and complete and review the odl«b,n of Honhation Persons are not required torsi b the wlfeclion OI inf,mathon unless It displays a currently valid OMB wntrol numbe'.If you have any omm nls about these esi or any aspects Ot its data co lechm,—tact US Depatinant Of Lab,.OSHA Ofllce d Slabstics.Room N-3644.200 Constitution Ave.Nw.A.hlndlm.DC 20210.Do not send the mmoletetl faros b Nis oflice Table 4-Safety Record and Experience OSHA's Form 300A(Rey.0112004) Year 2016 Summary at Work-Related Injuries and Illnesses U.S.Department of Labor ere l-ormanrrovea onto nu 2t6.p1:' All esmbNahmenrs covered by Part 1804 must complete fhrs Summary page,even iI no i juries o1 anessea occurred duaw the year Remember to review the Log to verify that the entries are complete —. Using the Log,mount the individual earnes you made mreech category.Than write the totals below, Establishment information making sure you've added the mines from everypage of the log.ff you had no cases write m." Employees former employees,and their representatives have the right to review the OSHA Forth300 in Your aslsblehment name AOC Caftan DBA Summit Building and Design ds entfrery They also have inv et,access to the OSHA Form 301 or 0 equivalent See 29 CFR 1904 35,in OSHA,Recordkeepv i mia,rorlurther defaAs on the access provisions forthese forms. Street 4508 St 1­1W 359 CIH Laredo Stat. TX 21p 78042 Industry description(e.g.,Manufacture of motor truck trailers) Total number of Total number of Total number of oases Total number of General Contractor deaths cases with days with job transfer or other recordable away from work restrictioncases Standard Industrial Classification(SIC),If known(e.g.,SIC 3715) 0 0 0 0 1 5 4 2 (G) (H) (1) W) OR North Amencan Industrial classification(NAILS),If known(e,H,336212) 4 & 5 ( F Employment information Total number of Total number of days of day'away from job transfer of restriction Annual average number 0 employees 14 work Total hours worked by all employees last 0 0 year 28105 (K) (L Injury and(lines.Types Sign here Total number of... Knowinglyf sffyfng Mlsdocdrnammeymslitlnafine. (M) (1)Iriury 0 (4)Poisoning 0 (2)Skin Disorder 0 (5)Hearing Loss 0 I certify t I have mined this document and that to the best of my knowledge the antras are true,accurate,and (3)Respiratory ompl e Condition 0 (6)All Other Illnesses 0 ft13k Manager C any Executive Title (958)722-5251 ­17 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phene Date Pudic regaling burden far Nis odlectim of iMomlatian isealimeled to average 58 minutes Dar rasPorlse,Including time to reviav the iretruNm,search and I the data nestled,old axnplele end mv'lau Ihecdledien of infamalim.Persons arenel required to respaN b Se mlledien al intormalion unless it dlaplayaaarrenllyvalid OMBhumninumbs.II you have any canmmts about these estimates err any aspects of(hisdataoollacln,mri USDepartment of I.ober.OSHA OlRwaf Slahalirs.Ram N-,f ala Cmslllulim Ave.N W.Waelhnolnn.Oc 1.1.Oo nN—1 the mmleled rermc Io(hit office. Table 4-Safety Record and Experience OSHA's Form 300A(Rev.0112004) Year 2015 'dp Summary of Work-Related Injuries and Illnesses U.S.Department of Labor gemupabnal salty and—as—hats mroa i orm eppowq OM9ro 1]teLrr6 A(I eslaUllsnrnenls covered ey Pan 190,must c—,PMle 11'.Summary pegseve nil"..y nes Or idnesces p Urmd dump be war Rememner to/@view me Lop to Verity that the @moss are complete us,ng he Log,seem me mdwapal emrws yon made ter earn nar6gary Thee wore rhe twain bele.. Establishment InfomtaHon malting sure yo,Ve added the enures from every page of the roe It you had no cases write"0" Employees to—'employees_and Iherr representatives haw the nght to revs.the OSHA Form 300,n Your establlsnmenl name AOC Calton DBA Summa Sutldmg and Oesrgn ifs enfrrely They also haw Nmded access lathe OSHA Fonn 301 or ds epurvalenf See 29 CFR 1904.35.m OSHA's Recordhemhmit Mefor further detads on the access proWswns for these forms Street 4506 St HWY 354 Number OfCoaw Cdy Laredo stale Tx zip 78042 Industry description(a a.Manulat,lure at motor truck trailers) Total number of Total number of Total number of cases Total number of General Conunda., deaths cases with days with job transfer or other recordable away from work restrictionCeSes Stanch.Ind.—I Cht-shat-(SIC).d known(e g SIC 3715) 0 0 0 0 1 5 4 2 (G) (H) (1) (J) OR North Amens,lnduslnal Clessrfnahan(NAICS).d knawn tog 3362121 Number of Dap Employment information Total number of Total number of days of days away from job transfer or restriction Annual avenge number of employees 9 work Total hours worked by all employees last 0 0 year 16091 IKI LI Injury and 111ness Types Sign here Total number of... Knowingly falsifying this document may result In a fire- (M) (1) Injury 0 (4)Poisoning 0 (2) Skin Disorder 0 (5)Hearinq Loss 0 J have e, ed This document and mal to Ne oast al my knowledge Ins an-..are True,accurate,and (3) Respiratory Condition 0 (0)All Other Illnesses 0 v Risk Manager Company Ezecutwe (9561722-5257 311:nuts Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phdne Data NNIc i"I,np W nthn la this calwhm M inlommlim�c rcamolet la-g,%nnahom a rh%a w indudN tame aenew rthe insa,�n un.iu1,u, 1 g.1-the dal-rmaded,stl conWlc/e arq revwa the cdleclian UI inlpmalan.eeregta are nd repunad to rm5perq 10Iha Nlatwn of mtwmaa:✓i 1+inx::li dsplamaulrrenfl"Aid OMSm'Ibd wtnhw Il you navea,=nonls Ghoul heti@-Matma any asp is d this data Corydon.ranted USDeowlmanl of I Un,OSHA mato AI Sl4lielirx ll 1N 3644 Toa C:mslrndrm Aw NW Ahvh,n nr x1210 %hnl rand Ito nno,neted Irrma a INs Mara Table 4-Safety Record and Experience Attention:This form contains oformaaon relating 10to employee health and mu51 be used n a manner OSHA's Form 300 (Rev.0112004) hatprotalx,hewnhdeniahtyofemployees toMill Year 2015 Log of Work-Related Injuries and Illnesses fell ent occupttnri.lle Tema anfNait ont is uroeng used for ocGrpehonai 58tely and Iteellb purposes U.S.Departn d Health h A Labor Occupauatai Salery and Health AdmimsVallon You nuisl Ieced Infeni'iew,boud every aakra1saad Injury a Itness that NvoNea loss of tuns eausnao,iesirc iml ware acbJily ape baislerdays away hom amk a medical leaNant Form approved OMB no 1218-0176 boy—jird ad You mus!also retard agiificm[vurli.rela0ed Njunes and IfMasses therm ae Itagnoeed by a pnydcian a Yoansed neaith roe polessinnol Y,v mug elm iecad•arkaeHBsd Inpltw,andiilnasead9i91meatmyottwaperuacieceLLrgaiwtahMMin29CFR1994,90vwghl904.11 Feel kmebuse tyR NneSlaasingl¢care dyau meed b.Youmusten"a Establishment name AOC Callon DBA Summit Building and Design m injury and fitness Iroidenl copal(OSHA Form 391)erar-sleet form beach Injury a Rheas recorded on Nis lam ifyo ire re—vtiatlnei a vaso Ia rxardaela,cell your foraf OSHA olhoe snap. City Laredo State T% kten*the person Describe the can Classify the case Enter the number of (A) (B) tc) (0) IE) (F) CHECK ONLY ONE Hwa for each rase based on days the nyured or Ill Clheck me"injury"column or choosa ona type Case Employee's Name Job'fiue(e g Date of Where the event occurred(a g Describe injury w 0ness.parts of body affected, the no-serous oul orae for float case. woMer was of Illness No Weider) Injary or Loading dock north am) and ob(ecvsubstance that daecty Injured ar onset of made person Ill(e g.Secand degrae bums on (M) Illnessnghl forearm from acetylene torch) Days away Awa On lob o (mo)day) Death troth Remained et work y transferor E z From r eslnceon — m Work - e Job transfer Other record- (days) � c a H o or resloction abler rases (days) _ X raj a I IGl (N) (I) fJl (K) (L) (1) (2) (3) (41 5i (6) N/A N/A NIA Page totals o a o o a o a o a o 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it z 2 r o " c PubYrm,r1M bird¢,b b his mllectim of Mentation Ia estlmmlad o,onoe 14 mmutea Wear—,Ircbding hire — 0 .D r, G to review ttur'msbu,:11-search and girta to data needed,and corollate and, tie oelludlon of i tfornim.. P®`anti era nal requFetl leiaspaltl to me Wll9atm al lnbmallai unkssn displays a cu,entty valid OAe loraal rn _ O numbs.If you have any eammmb about Nese esammba or my aspecSN arts dale colleetan.wnbct US a DepaMenl W Labe,OSHA OBce(Staasec,i.Roan N3644,200 Carteltutbn Ava,Nw Washington,DC 20219.Do not send the eoirgbLad forms b this allies. Page 1011 (1) (2) (3) (4) (5) (6) Table 4-Safety Record and Experience OSHA's Form 300A(Rev.0112004) Year 2014 ``>> Summary of Work-Related Injuries and Illnesses U.S Department of Labor U.S,a.rary aaa a..eh aamlma..�a Fn�m allgmee hM4�.'.I..::1601In Aa esrabmsnnrenrs covered dy Parl r90a must compere rn15 Summary Nay. n R rw mryrles or eve wne„e5 occurred duum rhe year Remember to ream.rhe Lap to-11 entries im—plan. __— Usmg rhe Log,count fhb mdrvdual amnia,you made mr each category Tnen wrae fhb total,below, Establishment Information making sum you Le added the entries Imm every page of the log ff you had no cases wnle'0' Emdoyees former employees.and their repa,wMati es have the rght to rtylew the OSHA Form 300 at Your eslabhshmarl name AOC Cakin DBA Summd Budding and Clevg ds entirely They also It—landed e—1.the OSHA Form 701 orris equwakn( See 29 CFR 1904 35.m OSHA's RecnrdXeeprng ruefor further details on the access ord—s for these forms Street 4506 SI H WY 359 Nwriber of Cams City Laredo stale Tx z 7BD42 Industry description(a.9,Manufacture of motor buck bailers) Total number of Total number of Total number of cases Total number of General cmAkeptor deaths uses with days with job transfer or other recordable away from work restriction casesStandard Industrial Glasser'in(SIC),If known IB g SIC 37151 0 0 0 o 1 5 4 2 (G) (H) (1) (J) OR Norm Amencan l adustnal ClassRKabon(NAICS)it knoWn(a g.336212) Number of Days Employment information Total number of Total number of days of days away from Job transfer or restriction Annual average number of employees 7 work Total hours wonted by all amployee:last 0 D year 12295 (K) IL1 hqury rand 1111nass Types Sign here Total number of.. Knowingly tallying this document may mull in a tame. (M) (1) Injury 0 (4)Poisoning 0 (2)Skin Disorder 0 (5)Heannp Loss 0 1 redly r I he, mmed this document and that to the best of my knowledge the entre,are true accurate and (3)Respiratory amp Condition 0 (6)All Other Illnesses 0 RiskRisk Maw Company Executive Title (956)722-5251 mnsrmis Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Bede PI1Mk rerxntinp txlydm Iv Ibis Nleclim it inbrmaixn ie asllmaled Iv aualage`.8 mirult�pa reapsse.ircludng Eilre l01evlm It>n irrslmd—,seaol and gather m9 dela rleaded,and mmplata and mala.pie a11a1inn p11nIWl'mmallur Palms ae M regulrod to respoW to the co141m u inlmnallm 1r-1 junllayx a.1.11,rad OMR wnhd urnba Us Lapatmanl If I tart 0_1HA(1Mm of SIaIINirx An—N-X91'Nil frnrlllullm A-NW Wuhmnlran Di7r X010 fM nM Ihro 1ymnIMM firms In IN,1-aa 5 Iqtermite Table 4-Safety Record and Experience to employee This farm comams inforfnabdn relating to employee neallh and must be usetl In a manner ``��r OSHArs Form 300 (Rev.0112004) that pmleclsmeconhdenbafIMfump"oes1time Year 2014 .gent 1-1b.wnile the mfonnabon is being used Log of Work-Related Injuries and Illnesses for toompabonalsafety and health purposes U.S.Department of Labor Occupational Safety and A-11,Atlminlslrabon You must record infmmamn about every wvd+.lead injury a it—IMA inoses ess of mnedouslwss,resUcsed am.x a:bMty w job tanerw,days away hen wod..a ned-i Mabnem Form approved OMB no.121a-0176 beyond fust ad Yvu mull also.recgtl sgaksnl aaMrelektl miuries arM Ilheares Thal era dagnodetl DY a physloal w Ytenead NeeM rxe InoMssbnal You mual aso remrd tayli-bdad uquias arA llUesses Uel meal any of the speoficsemrdmg rnlana lleffitl in 2s CFR taM.6 ara1ph 1901.72 Fwl treemuse two hreab.angk care if you,,seam Youmustmmp'eta Establishment name AOC Calton DBA Summit Building and Design an'm)ury .4,11—mane t report(OSHA Felin 301)w eq-,arl loan for eedl injury w Ili remded on lis larm II you re nal awe wlea>ar a rasa is remdabk,cab yore iota OSHA .M.M help city Laredo State TX Identity the person Describe the case Classify the one Enter the numb.,of (A) (B) (C) (D) tE) (F) CHECK ONLY ONE box far each case based on days the,nlured or til Check Ihe'1njury"column or dhr»se one lypa Case. Employee's Name Job Title(e q Date of Where the event boourred te.g Describe Injury or Illness.pails of body affeeted, the most serious outmme for that rase. worker was of flnass. No Welder) Injury or Loading dock north and) and ob)ecUsubslance that dam4 opured or m tinsel o/ made person III(e g Second degree bums on (M) Illneu right(wear from acetylene loroh) On lob m (mo lday) lgsNfl hroma Remained ay WPIK. From VanslBr dr Z' _ msmcban o Job transfer Omer record- Work (days) —_ o or mab,cbdn eine,sena (flays) E, _ - _ (G) (H) (I) (J (K) (L) 1 (2) (3) (4) (5) (6) N/A WA NIA Page totals 1 o 1 0 1 0 0 o a o 0 0 0 0 0 Be sure to transfer these totals to the Summary page(Form 300A)before you post it. v e o4' I>ubkt raportnq bsu.,,Vmw collaLtn or U utou—st—d tru—.11 mmures pn nepartai brY."Iji- — o b` _ b review be,Uebucdon,search and gala.the damn.edea,aid complain aM review ate mlleeewl a nimmadm U a Pwawm we not requred m respond m ma mllactan of inlwmalwn unka4 d displays a tiaranlYy valid OMB mnbbl on number.II you have any mmm h about lhese ostimems w sly aspects of Uu daa mhxtiwl.,.mint US G Dapa,,,eMof I..aba,OSHA Olsce of Smtstiu,Room N_3841,200 Constimtlon Ave,NW.Washug-DD70710.W not mrd le romplatad forms to the 0%0 Page 1of1 (1) (2) (3) j4) (5) (6j Table 4-Safety Record and Experience OSHA's Form 300A(Rev.0112004) Year 2013 ``*.P Summary of Work-Related Injuries and Illnesses U.S.Department of Labor p4cvp.twna s.my.,.e n.,nn Aemwtmewn faro app,o.n�M9 nn I2Ia0�e6 AN eslabhahrnenl5—ned by Pad 1904 must Complete this Summary page.even N no inures or hInesses occurred dunno the year.Remertlber he renew the Loo to wrny that the emYYes am=MPAote Usiry the Log.count Ne indivduet entries you made her each Category Then well the lolalS No- Establishment Information rrtakeg sure you W added the entries from everypage often At; Ir you had no rases wYhe"0- Employees rormar employees,and Cher opi esentah-s have de,ngne to mm,Ne,OSHA Form 300 myour Ublisti—t name POC Callon OBA Summit 6ulldmg and Design As entirety They alto haul Amllad aoLe to the OSHA Forte 301 or IIS eq—mmt Sed 29 CFR 1904.35,m OSHA't R—rdkeepng ruk,for yur[herdetaas on IAe access pmwsians lar Ihlse Iorms Seat 4506 51 HWY 359 Numti6tr ofcaaft City Laredo State Tx zip 76042 Industry descnphon(e g,Manulei of motor truck Ireilers) Total number of Total number of Total number of miles Total number of Carwrsl Contractor deaths cases with days with job transfer or other recordable away from work restrotlonmsec Standard Ineusinal Ce—firaem(SIC)it k—le.g_SIC 3715) 0 0 0 0 1 5 4 2 (C,) (H) (I) (J) OR Nonh American Industrial Clas.4—man(NAICS).It known(e.g.3362121 Number ofD Employment information Total number of Total number of days of days away from job transfer or restriction Annual average numaer m employe.. 7 work Total hours worked by all employe.,teal 0 0 Year 14453 (K) L) InIM*nA Illn"a Types Sign here Total number of... Kno nglyfalairy'mg min.d—reentmayreauklnann.. (M) (1)Injury 0 (4) Poisoning 0 (2)Skin Disorder 0 (5)Hearing Loss 0 hat I have ekammea Ihle al—amal—amand that to the best or my knowledge the entries are tme,accurate,and (3)Respiratory T A Condition 0 (6)All Other Illnesses 0 Y Risk Manager ompany E4eaNve Title (956)722-5251 Post this Summary page from February 7 to April 30 of the year following the year covered by the form Phone one "nhlu:ig Lgn1mn It,WWI- i5 eehmMedIn-4e5B mmnta= �.dhel lime mrenew to indod9m owdl au yallna the—U-1o9.rou miNdulp and ravrew the onlani—a1 eloonaGm Pwsms wv mk uµuuM le ievo¢E Io 1Fe mtl�m of inloenaltrn mle5t d diaplaye a rurtdilly void OMB mind numb. II you have aty ammmis.local Ihese estimar¢o mY aspens of Ihis dao cdledim,mntai US Drpwlmxn ni ant(1SNA rllfirw NCtaoicarz R­*,")66f u*e Aw NW Wa nn rltlrl]tp Ile rotrrcA kr.rmuaxad krmstn ihisnMrn Starr SurptaW�Aridaf4t3fov"o*JCcmpwny AOC Calton,Ltd dba Summit Building and Design Loss Runs 02-10-2017 Valuation POr'7 Table 4-Safety Record and Experience Page 2 of 5 Philadelphia Insurance Companies 311 W20169,59 AM Customer Loss Detail Report Account 6111240 Araw-jeura Managemeni Cc.LLC Product ro Fi,el Oeaters Umbreita Policy Number PHUS`,04938 06!27!2015 TO 06727(1016 l im_ .lJmber Ctatmantlf]rivor y�Lrl@ Lass Twcw Still! Los=nate. 92M clerwd Ln*iKxvs Paid Reecvered Rep 1JI"41"utvn Ciairnani 1].00 0 017 Total Number of Claims For Policy PHUB504938 0 Total LossfP.rp Pard: 6.00 SalvfSubro Recovered: 0.00 TotaE Reserves:. 0..60 Total Incurred: 0.00 Total Ciaims For Product FO 0 Starr SurptaW�Aridaf4t3fov"o*JCcmpwny AOC Calton,Ltd dba Summit Building and Design Loss Runs 02-10-2017 Valuation POr'7 Table 4-Safety Record and Experience Safety Policy FOR SUMMIT BUILDING & DESIGN Provided as a public service by OSHCON Occupational Safety and Health Consultation Program Texas Department of Insurance, Division of Workers' Compensation ����of s� T� Publication No.HS02-009A(1-06) Revised 01/27/06 Table 4-Safety Record and Experience 1910, 1926 Safety Policy The following safety policy is provided only as a guide to assist employers and employees in complying with the requirements of 29 CFR 1910 and 1926, as well as to provide other helpful information. It is not intended to supersede the requirements of the standards. An employer should review the standards for particular requirements which are applicable to their individual situation and make adjustments to this program that are specific to their company. An employer will need to add information relevant to their particular facility in order to develop an effective, comprehensive program. 2 Table 4-Safety Record and Experience 1910, 1926 Safety Policy Table of Contents L Objective IL Policy III. Applicability IV. Implementation V. Administration VI. Reporting Injuries VII. Notifications VIII. Basic Safety Rules IX. Enforcement of Safety Policy X. Attachments A. Job Safety Checklist B. Safety Equipment Checklist C. Safety Meeting Report D. Employee Acknowledgment 3 Table 4-Safety Record and Experience SUMMIT BUILDING & DESIGN Safety Policy I. OBJECTIVE The Safety Policy of SUMMIT BUILDING& DESIGN is designed to comply with the Standards of the Occupational Safety and Health Administration, and to endeavor to maintain a safe and injury/illness free workplace. A copy of the OSHA Safety and Health Standards 1926 and 1910 are available for all employees use and reference. These Standards shall be available in the home office at all times and will be sent to the jobsite on request. Compliance with the following Safety Policy and all items contained therein is mandatory for all employees of the company. The authorization and responsibility for enforcement has been given primarily to the SAFETYMANAGER. The SUPERVISORS share in this responsibility as well. II. POLICY It is company policy that accident prevention be a prime concern of all employees. This includes the safety and well being of our employees, subcontractors, and customers, as well as the prevention of wasteful, inefficient operations, and damage to property and equipment. III. APPLICABILITY This Safety Policy applies to all employees of SUMMITBUILDING&DESIGN, regardless of position within the company. The Safety Rules contained herein apply to all subcontractors and anyone who is on a company project site. Every employee is expected to comply with the Safety Policy, as well as OSHA Health and Safety Standards. IV. IMPLEMENTATION This Safety Policy supports six fundamental means of maximum employee involvement: A. Management commitment to safety. B. Weekly tool box safety meetings at all jobsites. C. Effective job safety training for all categories of employees. D. Job hazard analysis provided to all employees. E. Audio and/or visual safety presentations given at jobsites by SAFETYMANAGER. F. Various incentive awards for exemplary safety performance. 4 Table 4-Safety Record and Experience The GENNERAL MANAGER will meet at least once a month to evaluate all areas of safety and make recommendations to the company president. V. ADMINISTRATION The Safety Policy will be carried out according to guidelines established and published in this and other related procedures. Specific instructions and assistance will be provided by SAFETY MANAGER as requested. Each supervisor will be responsible for meeting all of the requirements of the Safety Policy, and for maintaining an effective accident prevention effort within his or her area of responsibility. Each supervisor must also ensure that all accidents are thoroughly investigated and reported to SAFETYMANAGER on the same day of the occurrence. VI. REPORTING OF INJURIES All employees will be held accountable for filling out a Notice of Injury Form" immediately after an injury occurs, even if medical treatment is not required. (Notice must be made at or near the time of the injury and on the same day of the injury.) Employees must report the injury to their supervisor/leadsman/foreman/superintendent/project manager& SAFETY MANAGER, etc. A casual mentioning of the injury will not be sufficient. Employees must let their supervisor know: A. How they think they hurt themselves. B. What they were doing at the time. C. Who they were working with at the time. D. When and where it happened. E. Other pertinent information that will aid in the investigation of the incident. Failure to report an injury immediately (meaning at or near the time of the injury and on the same day of the injury)is a violation of the Safety Policy, and they may result in immediate termination, in accordance with company policy. VII. NOTIFICATIONS A. In Case of Serious Injury or Death After the injured has been taken to the hospital, the leadsman/foreman/supervisor shall notify the main office and SAFETY MANAGER as soon as possible. Statements from witnesses shall be taken. Statements are to be signed by witnesses and should include the time and date. Photographs of the area where the incident occurred and any other relevant items are to be taken. SAFETYMANAGER will assist in the investigation. The completed accident report form will sent to the main office. B. In Case of Inspection by OSHA Inspector 5 Table 4-Safety Record and Experience The supervisor leadsman/foreman/must notify SAFETYMANAGER that an OSHA Inspector is on the jobsite. It is the responsibility of all employees to make the inspectors visit on the jobsite as pleasant and timely as possible. VIII. BASIC SAFETY RULES A. Compliance with applicable federal, state, county, city, client, and company safety rules and regulations is a condition of employment. B. All injuries, regardless of how minor, must be reported to your supervisor and the Safety Office immediately. An employee who fails to fill out a "Notice of Injury Form" and send it to the Safety Office can be issued a safety violation notice and may be subject to termination, in accordance with company policy. In the event of an accident involving personal injury or damage to property, all persons involved in any way will be required to submit to drug testing. C. Hard hats will be worn by all employees on the project site at all times. The bill of the hard hat will be worn in front at all times. Alterations or modifications of the hat or liner are prohibited. Crane operators, when in an enclosed cab, have the option of not wearing a hard hat due to the possible obstruction of view. D. Safety glasses will be worn as the minimum-required eye protection at all times. Additional eye and face protection such as mono-goggles and face shields are required for such operations as grinding,jack hammering, utilizing compressed air or handling chemicals, acids and caustics. Burning goggles for cutting, burning or brazing and welding hoods for welding, etc., are required. E. Fall Protection Requirements 1. Full body harnesses and lanyards shall be worn and secured any time there is a fall hazard of more than six (6) feet. 2. Lifelines shall be erected to provide fall protection where work is required in areas where permanent protection is not in place. Horizontal lifelines shall be a minimum of 2-inch diameter wire rope. Vertical lifelines shall be 3/4 inch manila rope or equivalent and shall be used in conjunction with an approved rope grab. 3. Structural steel erectors are required to "hook up" with full body harness and lanyard. 4. Employees using lanyards to access the work or position themselves on a wall or column, etc., must use an additional safety lanyard for fall protection. 5. Man lifts must be used properly. As soon as an employee enters an articulating boom lift and before the lift is started, the employee must put on the harness and attach the lanyard to the lift. Employees are not required to wear harnesses on scissor lifts. 6 Table 4-Safety Record and Experience F. Clothing must provide adequate protection to the body. Shirts must have at least a tee sleeve. Shirts with sleeves and long pants will be worn at all times. No shorts are to be worn on projects. All employees, except welders and burners, must tuck shirttails inside trousers. Burners and welders will not be permitted to wear polyester or nylon clothing. Sturdy work boots with rigid, slip resistant soles are required. No clogs, tennis shoes or loafers are permitted. Steel-toed tennis shoes with the ANSI label are the only alternative to the leather work boot. G. All personnel will be required to attend safety meetings as stipulated by project requirements in order to meet OSHA Safety Standards. H. Firearms, alcoholic beverages or illegal drugs are not allowed on company property or in company vehicles at any time. When drugs are prescribed by a physician, the SAFETYMANAGER must be informed. The use or possession of illegal drugs or alcoholic beverages on the jobsite will result in immediate termination. I. Housekeeping shall be an integral part of every job. Supervisors\foremen\leadsmen and employees are responsible for keeping their work areas clean and hazard-free. Clean up is required when a job is finished at the end of the day. J. Burning and cutting equipment shall be checked daily before being used. Flash back arresters shall be installed at the regulators on both oxygen and LP bottles. All gas shall be shut off and hoses disconnected from bottles and manifolds at the end of the work day. Caps shall be replaced on bottles when gauges are removed. When gauges are removed and caps replaced, the oxygen and LP bottles shall be separated into storage areas no less than 20 feet apart with a Anon Fire or Smoking" sign posted and a fire extinguisher readily available. Makeshift field repairs will not be allowed. K. Drinking water containers are to be used for drinking water and ice only. Tampering with or placing items such as drinks in the water cooler will result immediate termination. The "common drinking cup" is not allowed. Only disposable cups will be used. L. All tools whether company or personal, must be in good working condition. Defective tools will not be used. Examples of defective tools include chisels with mushroomed heads, hammers with loose or split handles, guards missing on saws or grinders, etc. M. All extension cords, drop cords, and electrical tools shall be checked,properly grounded with ground fault interrupters (GFI=s), and color-coded by a designated competent person each month. This shall be part of the assured grounding program. Cords and equipment that do not meet requirements shall be immediately tagged and removed from service until repairs have been made. 7 Table 4-Safety Record and Experience N. Horseplay" on the jobsite is strictly prohibited. Running on the jobsite is allowed only in extreme emergencies. O. Glass containers or bottles of any kind are not permitted on jobsites or in company vehicles. P. The jobsite speed limit is 10 MPH. No employee is permitted to ride in the bed of a truck standing up or sit on the outside edges of a truck. Employees must be sitting down inside the truck or truck bed when the vehicle is in motion. Riding as a passenger on equipment is prohibited unless the equipment has the safe capacity for transporting personnel. Q. Adequate precautions must be taken to protect employees and equipment from hot work such as welding or burning. Fire extinguishing equipment shall be no further than 50 feet away from all hot work. Used fire extinguishers must be returned to (Responsible persons) or Subcontractors to be recharged immediately. Use of welding blinds is required in high traffic areas. R. All scaffolding and work platforms must be built and maintained in accordance with OSHA specifications. All ladders must be in safe condition without broken rungs or split side rails. Damaged ladders shall be removed from service. Ladders shall be secured at the top and bottom and extend three (3) feet past the working surface. Metal ladders around electrical work are prohibited. A step ladder shall never be used as an extension ladder. A step ladder must only be used when fully opened with braces locked. S. Crowfoot connections on air hoses shall be wired to prevent accidental disconnection. Compressed air shall not be used to dust off hands, face or clothing. T. Report all unsafe conditions and near accidents to SAFETYMANAGER OR SUPERVISOR so corrective action can be taken. U. All floor openings or excavations shall be barricaded on all sides to ensure employees are aware of the hazards. Floor holes shall be covered,with the covers secured and clearly marked. V. Warning signs, barricades, and tags will be used to fullest extent and shall be obeyed. W. Scaffold Tag System 1. Green tags are to be placed on 100 percent complete scaffolds with all braces, locks and hand, mid, and toe rails in place before use. 2. Yellow tags indicate incomplete scaffolds. If scaffold is missing a hand, mid, or toe board, it must have a yellow tag and employees on it must be tied off at all times. 8 Table 4-Safety Record and Experience 3. Red tags indicate scaffolds that are in the process of either being erected or disassembled. These scaffolds are not to be used at any time. 4. Scaffold tags should be placed in a highly visible location on the scaffolds for all employees to see. X. All OSHA Safety Standards will be followed for job processes requiring respiratory protection. SEE RESPIRA TORY PROTECTION PROGRAM. Y. All OSHA Safety Standards will be followed during excavation. SEE EXCAVATION PROGRAM. Z. All OSHA Safety Standards concerning confined space entry will be followed. SEE CONFINED SPACE PROGRAM. AA. All OSHA Safety Standards concerning lockout/tag out of energized equipment will be followed. SEE LOCKOUT/TAGOUT PROGRAM BB. All OSHA Safety Standards will be followed for job processes requiring fall protection. SEE FALL PROTECTION PROGRAM. IX. ENFORCEMENT OF SAFETY POLICY Safety violation notice(s) shall be issued to any employee, subcontractor, or anyone on the jobsite violating the safety rules or regulations by SAFETYMANAGER . A. Any violation of safety rules can result in suspension or immediate termination. B. Any employee receiving three (3)written general violations within a six (6) month period shall be terminated. C. Issuance of a safety violation notice for failure to use fall protection or for failure to report a job injury (at the time of the injury) may result in immediate termination, in accordance with company policy. It is understood that SUMMIT BUILDING&DESIGN is not restricting itself to the above rules and regulations. Additional rules and regulations as dictated by the job will be issued and posted as needed. 9 Table 4-Safety Record and Experience ATTACHMENT A JOB SAFETY CHECKLIST The following Job Safety Checklist has been condensed and edited from the Occupational Safety and Health Act, Part 1926, Construction Safety and Health Regulations. A. Safety Rules Hard hats and safety glasses worn. Shirts with sleeves worn. Work shoes worn. Subcontractors'personnel hold safety meetings as indicated by project requirements in accordance with OSHA Safety Standards. Work areas safe and clean. Safety mono-goggles/face shields worn when circumstances warrant. Electrical cords and equipment properly grounded with GFI's in place and checked by a competent person. No use of alcoholic beverages or controlled substances. Subcontractors provide fall protection for their employees in accordance with OSHA Safety Standards. All scaffolds built to specifications as established by OSHA. Excavation/trenches sloped or shored as established by OSHA. Drug testing of employees involved in accident(s)resulting in personal injury or property damage. B. Recordkeeping OSHA poster "Safety and Health Protection on the Job" posted. OSHA " 200 Log or Occupational Injuries and Illnesses" posted during the month of Hard hat sign posted in a conspicuous manner.—I Weekly safety meeting sign-in logs maintained in a folder with a copy forwarded to the main office weekly. C. Housekeeping and Sanitation General neatness. Regular disposal of trash. Passageways, driveways, and walkways clear. LL Adequate lighting. Oil and grease removed. Waste containers provided and used. Adequate supply of drinking water. Sanitary facilities adequate and clean. Adequate ventilation. 10 Table 4-Safety Record and Experience D. First Aid First aid stations with supplies and equipment. The expiration dates of supplies checked monthly. Expired supplies discarded. Trained first aid personnel. Injuries promptly and properly reported. E. Personal Protective Equipment Hard hats. Hearing protection. Eye and face protection. Respiratory protection. Fall protection. F. Fire Protection Fire extinguishers charged and identified. No Smoking@ signs posted. Flammable and combustible material storage area. Fuel containers labeled. G. Hand and Power Tools Tools inspected. Power tools properly guarded. Safety guards in place. H. Welding& Cutting Compressed gas cylinders secured in vertical position. Hoses inspected. Cylinders, caps, valves, couplings, regulators, and hoses free of oil and grease. Caps on cylinders in storage in place. Flash back arresters in place. Welding screens in place. Fuel and oxygen cylinders separated in storage. I. Electrical All portable tools and cords properly grounded [Ground Fault Interrupters (GFIs) properly installed]. 11 Table 4-Safety Record and Experience Daily visual inspection of caps, ends and cords for deformed or missing pins, insulation damage and internal damage. Tests of cords, tools and equipment for continuity and correct attachment of the equipment grounding connector(GFI)to the proper terminal made every month and: 1. Prior to first use. 2. Prior to return to service after repairs. 3. Prior to return to service after incident that may have caused damage to cord or equipment. Cords and equipment not meeting requirements immediately tagged and removed from service until repairs have been made. J. Ladders Inspected at regular intervals. No broken or missing rungs or steps. No broken or split side rail. Extend at least 36 inches above landing and be secured. Side rails of 2 x 4 up to 16 feet, or 3 x 6 over 16 feet. K. Scaffolding Inspected at regular intervals. Footings are a sound ridge and capable of carrying maximum intended load. Tied into building vertically and horizontally at 14 foot intervals. Properly cross-braced. Proper guardrails and toe boards. Scaffold planks capable of supporting at least four(4)times the maximum intended load. No unstable objects such as concrete blocks, boxes, etc., used as scaffold foundations. Use of OSHA Scaffold Tagging Program. L. Guardrails, Handrails and Covers Guardrails, handrails and covers installed wherever there is danger of employees or materials falling through floors, roots or wall openings and shall be guarded on all exposed sides. Posts at least 2 x 4 stock and spaced no more than eight(8) feet apart. Top rail 42 inches above the floor and of 1 x 4 stock. Intermediate rail 21 inches above the floor and of 1 x 4 stock. Guardrail assemblies around floor openings equipped with toe boards. Toe boards at least four(4) inches above the floor level with no more than 1/4 inch clearance above the floor level, when there are employees below or when conditions dictate. 12 Table 4-Safety Record and Experience ALL Hole covers permanently attached to the floor or structure and identified with a hole cover sign stenciled with the word "Danger". Hole covers for holes two (2) inches or greater in diameter made of at least 3/4 inch plywood or heavier. M. Material Hoists Inspected at regular intervals. Operating rules posted at operators station. "No Rider" signs prominently posted at all stations. All entrances properly protected. All entrance bars and gates painted with diagonal contrasting stripes. Experienced operators. Current crane certification inspection sticker and papers on the rig. N. Motor Vehicles Lights, brakes, tires, horn, etc., inspected at regular intervals. No overloaded vehicles. Trash trucks have covers. No riding on the edge of pickup truck beds. No riding on concrete trucks, loaders, backhoes, etc. Functioning back-up alarms on loaders, tractors, backhoes, etc. Fire extinguishers installed and readily available. Seat belts worn at all times. O. Material Storage and Handling Material at least two (2) feet from edge of excavation site. Proper temperature and moisture levels for safe storage of materials to prevent deterioration or volatile hazards within the storage area. Inventory maintained and inspected frequently. Proper protective gear worn when handling chemicals. P. Concrete, Concrete Forms and Shoring Full body harnesses as positioning devices for employees tying rebar greater than six 6) feet above adjacent working surface have Automatic shut-off switches on trowel machines. No riding on concrete buckets or flying forms. All forms properly shored. Single post shores braced horizontally. Q. Use of Cranes and Derricks Prohibition of the use of cranes or derricks to hoist employees on a personal platform except in the situation where no safe alternative is possible. 13 Table 4-Safety Record and Experience ATTACHMENT B SAFETY EQUIPMENT CHECKLIST The following is a list of Safety Equipment that should be on the job, if required, or available from the SAFETYMANAGR at all times. Equipment should be checked at intervals in accordance with the applicable OSHA Safety Standards by the Superintendent to ensure that all required equipment is present and in good condition. Safety goggles, shields, and glasses. Hearing protection. Respirators. Hard hats. Fire extinguishers (properly charged). First aid kit (check list inside kit). Stretcher or stroke litter (tool room). Welding masks and goggles. Storage racks for compressed gases. Guards on all power tools. Trash barrels. OSHA forms posted. Company "Safety Policy" packet posted. Company "Hazardous Communication Program" packet posted. Emergency vehicle (vehicle designated to carry injured to hospital). 14 Table 4-Safety Record and Experience ATTACHMENT C SAFETY MEETING REPORT A safety meeting report is signed to indicate attendance. The form has room for employees to sign after attending their weekly safety meeting. This form shall be filled out for each jobsite safety meeting that is held. After completion of the form, make a copy to maintain at each jobsite and return the signed original copy to the main office. Safety Meeting Date: Topic: Safety Meeting Conducted By: SUMMIT BUILDING & DESIGN SAFETY MANAGER Employee Name (printed) Employee Signature Job Title 15 Table 4-Safety Record and Experience ATTACHMENT D EMPLOYEE ACKNOWLEDGMENT I state that I have attended the safety orientation, and have read and received a copy of the SUMMIT BUILDING&DESIGN safety rules and regulations. I further state that I understand these rules and acknowledge that compliance with the safety rules and regulations is a condition of employment. If I violate the safety rules or fail to report an injury to my supervisor immediately, I understand that I am subject to termination, in accordance with company policy. X EMPLOYEE SIGNATURE DATE X Responsible Person SIGNATURE DATE cc: Supervisor 16 Table 3-Projects Awarded PROJECT SHEET Project Name: Fuel America Travel Center Location: 1602 FM 1472, Laredo, TX 78043 Project Scope: Construction of a new approx.. 16,300 sf Truck Stop/C-Store with Fueling Station. Project includes Fuel Islands for heavy and light vehicles & Carl's Junior location, concrete parking area(for heavy & light vehicles), sidewalks, landscape, fire alarm, sprinkler system, Doors, windows, ceramic tile flooring, ceiling tile, etc. References: Tony Drake, KAS Ventures LLC (214) 532-4000 Method of Procurement: RFP Original contract amount: $5,950,000.00 Final contract amount: $6,203,819.00 Substantial Completion: 12/17/2017 Key People: Project Manager—Armand Vanlor Superintendent—Armando Rueda/Arnoldo Cervantes Architect —EJES Incorporated—Richard King (214) 343-1210 - a LA ROTA ff. f i z e ° r s .. �, Table 3-Projects Awarded PROJECT SHEET Project Name: Dimmit County Courthouse Annex Building Location: 212 North 4th Street, Carrizo Springs, TX 78834 Project Scope: Construction of a three story building (approx. 21,000 sf), site work, concrete foundation, exterior concrete walls, interior wall partitions (mtl. studs structure) vct the & carper flooring, new bathrooms, ceiling tile, fire sprinkler system, fire alarm, burglar alarm, Audio/ Visual system, Doors, windows, rain water collection system, parking lot canopy, concrete parking lot, etc. References: Francisco G. Ponce, Dimmit County Judge (830) 876-4230 countyjudge@dimmitcounty.org Original contract amount: $6,515,339.00 Final contract amount: $6,806,710.00 Date of final completion: 06/16/2017 Key People: Project Manager—Carlos Leal Superintendent—Richard Rivera Estimator—David Acevedo—Carlos Leal Architect—Architectura SA—Jose Calzada(210) 573-3556 A I tt Table 3-Projects Awarded PROJECT SHEET Project Name: La Salle County Fire Station No. 2 Location: Hwy 44 & Olmos, Encinal, TX 78019 Project Scope: Construction of a new fire station approx. 10,024 sq. ft. including site utilities, grading, site pavement, sidewalks, mechanical and plumbing, fire alarm system, equipment, millwork, etc. References: Don Smith, Fire Chief La Salle County (512) 966-4244 dsmith@soteriasolutions.com Method of Procurement: RFCSP Original contract amount: $2,483,459.00 Final contract amount: $2,483,459.00 Substantial Completion: 08/02/2017 Key People: Project Manager—David Acevedo Superintendent—Sean Callahan Architect—Frank Architects, Inc.-Frank Rotnofsky (956) 725-7418 lit s.� :dam ti 8@^�88 s e i � w Table 3-Projects Awarded PROJECT SHEET Project Name and Description: Dimmit County New Fire Department Location: 1602 N. 1st Street, Carrizo Springs, TX 78834 Project Scope: Construction of a new 7,915 sf volunteer fire department with 3 bay fire stations including concrete, metals, wood and plastics, thermal and moisture protection, doors and windows, finishes, electronic safety and security, etc. Years worked in the project: 2016-2017 References: Francisco G. Ponce, Dimmit County Judge (830) 876-4230 countyjudge@dimmitcounty.org Original contract amount: $1,844,090.00 Final contract amount: $1,909,670.00 Date of Final Completion: 10/19/2017 Key People: Project Manager- Carlos Leal Superintendent-Richard Rivera& Angel Rodriguez Architect- Architectura SA- Jose Calzada(210) 573-3556 r ■ +TC �■ OIMMIYCRRRRY logo ■ I � FIRF STATION i olol0000lo FIRE STATION I w, " Table 3-Projects Awarded PROJECT SHEET Project Name: La Salle County Martinez Park Improvements, Pool &Pavilion, and Fire Station No.1 Location: Cotulla, TX(Martinez Park Area) Project Scope: Construction of a Softball field complex -including 4 fields, concession stand, press box, bathrooms, etc,-(7,057,418), an indoor pool with pavilion -bathrooms, multipurpose room- (4,967,670), and a Fire Station -3 bay fire stations, with kitchen, dorms, bathrooms, exercise area, etc-(2,196,105) References: Don Smith, Fire Chief La Salle County (512) 966-4244 dsmith@soteriasolutions.com Original contract amount: $14,221,193.00 Final contract amount: $14,521,193.00 Date of final completion: 07/12/2016 Key People: Project Manager—Luis Ramirez Superintendent—Angel Rodriguez - Sean Callahan Estimator—David Acevedo—Carlos Leal Architect—Frank Architects—Frank Rotnofsky (956)725-7418 �N i � 1""-- r Table 3-Projects Awarded PROJECT SHEET Project Name: Plaza Del Mar/ Orange Theory Fitness/ Casa Yoga 92 Location: 3502 E Del Mar, Laredo, TX 78045 Project Scope: Construction of a 13,250 sf shell building w/parking spaces including two Finish Out fitness centers. A 5,000 sf yoga studio finish out, including the following areas: Lobby, reception, retail, lounge, office, storage, attic storage, laundry, heated studio, fusion ballet& private yoga studio, bathrooms &patio with seating area and water fountain. Structure to be metal stud framing, sheetrock sheeting, tape & float with paint, laminated flooring at general areas and yoga mat flooring at studios, porcelain tile at bathrooms. Ceiling to use sheetrock. Solid wood core doors. Millworks and special items like ballet bars and pull up bars. References: Hilda Zavala (956) 722-5251 Original contract amount: $2,787,902.00 Final contract amount: Casa Yoga 92 under construction Substantial Completion: 11/15/2016 (Casa Yoga 92 - Under Construction) Key People: Project Manager—Carlos Leal Superintendent—Arnoldo Cervantes Engineer— STE Engineering—Ramiro Aradillaz (956) 235-0926 MW r _. M tl p1 Y i� L A IN II " }�r I m ` P�r r Table 3-Projects Awarded PROJECT SHEET Project Name: Road Ranger Truck Stop Location: 45 East Hwy 44, Encinal. TX 78014 Project Scope: Construction of a new approx.. 10,000 sf building, including with fuel islands for heavy and light vehicles, C-Store, & Churches Chicken location. Complex is sited on a 10 ac. lot area . Building structure walls (ext) are based on 8" cmu blocks, metal reinforced concrete foundation, metal stud walls (int), bar joist roof structure&tpo roof. Exterior stone veneer& stucco finish, concrete parking area(for heavy & light vehicles), sidewalks, landscape, fire alarm, sprinkler system, doors, windows, ceramic tile flooring, ceiling tile, etc. References: John Carabelli, Road Ranger USA—VP of Construction (815) 387-1408 jcarabelli@RoadRangerUSA.com Original contract amount: $4,814,337.91 Final contract amount: $5,010,602.67 Date of final completion: 12/14/2014 (Project completed in 3 months) Key People: Project Manager—David Acevedo Superintendent—Arnoldo Cervantes Estimator—David Acevedo Architect—David L. Jenkins & Assocs. (815) 397-9771 r7, IMF 77 RENEW ■IOY a !. �a, w ref `� -- Table 3-Projects Awarded PROJECT SHEET Project Name: Harmony School of Innovation Location: 4608 Daugherty Ave., Laredo, TX 78041 Project Scope: Conversion and interior modification of an old 38,000 sf building into an elementary public school, including new deck&tpo roof, interior wall partitions (mtl. studs structure)vct the & carper flooring, new bathrooms, ceiling tile, fire sprinkler system, fire alarm, burglar alarm, P.A. system, Doors, windows, gym equipment, playground, fencing, remote access gates,parking lot, etc. References: Erol Kose, M.Ed, Harmony School System Director of Facility and Planning Dept. (713) 343-3333 Ext.:2031 ekose@harmonytx.org Original contract amount: $3,482,099.00 Final contract amount: $3,654,556.31 Date of final completion: 08/19/2014(Project Completed in three months) Key People: Project Manager—David Acevedo Project Manager Assistant—Carlos Leal Superintendent—Richard Rivera Estimator—David Acevedo—Carlos Leal Architect—Heights Venture, LLP—Eric J Abeln (713) 869-1103 d ., fl Table 3-Projects Awarded PROJECT SHEET Project Name: City of Encinal New City Hall Location: 107 N. Tejas, Encinal, Texas 78019 Project Scope: Construction of a new approx.. 7,000 sf building, including Judge Precint, Police Station and Municipal offices. Building structure is based on a metal reinforced concrete foundation, metal stud walls, bar joist roof structure &tpo roof. Exterior stone veneer finish, asphalt parking area, sidewalks, landscape, flagpole roof, fire alarm, Doors, windows, etc. References: Velma Davila, City Manager (956) 948-5226 velma.encinal@yahoo.com Original contract amount: $1,098,833.95 Final contract amount: $1,098,833.95 Substantial Completion: 11/20/2014 Key People: Project Manager—David Acevedo Superintendent—Richard Rivera Estimator—David Acevedo—Carlos Leal Architect—Guajardo Associates—Roberto G. Guajardo (210) 691-0113 IUMMMIENCINAL CITY HALL POLICE SiRTION i MINI Table 3-Projects Awarded SUMMIT BUILDING&DESIGN— OFFEROR'S EXPERIENCE L RELEVANT GENERAL CONTRACTOR EXPERIENCE: 2. References of projects in-process. Job: Fuel America Truck Wash Address: 1602 FM 1472, Laredo,TX 78043 Contract Amount:$554,830.00 Contact Person: Shehmir Sherali Phone: (361)227-1720 Architect:EJES Incorporated Contact: Richard Charles King Address: 12655 Central Expressway,Ste. 500 Dallas,TX 75243 Phone: (214)343-1210 �� � _ Construction of new Truck Wash lo om Completion:99%in process(as of December 2018) Expected Completion Date: January 2019 Job: ESC Region One Laredo Extension Office Renovations Address: 4818 Thomas Street,Laredo,Texas 78041 Contract Amount: $1,632,000.00 Contact Person:Marc David Garcia �� Phone: (956)984-6178 Architect: Gignac&Associates,L.L.P. Address: 3700 N. 10th St., Suite 205,McAllen, Tx 78501 Contact Person: Juan Mujica Phone: (956)686-0100 Expansion of an existing building. Completion: 2%in process(as of December 2018) Expected Completion Date: April 2019 Job: Bexar County Fire Marshal ER Facility Address: 9810 Southton Rd., San Antonio,TX 78223 Contract Amount: $4,205,177.42 Contact Person: Chris Lopez,Bexar County Fire Marshal iiii Phone: (210)335-0300Address:1103 South Frio, San Antonio, TX 78207 Architect: SJPA Architects Contact: Steve Patmon Phone: (210)979-3888 Construction of a 32K new county fire marshal facility. Completion: 94%in process(as of December 2018) Expected Completion Date:January 2019 Table 3-Projects Awarded SUMMIT BUILDING&DESIGN— OFFEROR'S EXPERIENCE Job: Youth Village Rehabilitation Center Address: 111 Camino Nuevo Rd. Hwy 359,Laredo,Tx 78046 Contract Amount: $3,686,200.00 Contact Person: Jose Angel Lopez Phone: (956) 523-4266 Architect: Ausland Architecs-Metaform Studio Architects Address: 6626 Silverine . Ste 100A,Austin,Tx 78736 Contact Person: Kennedy Whiteley Phone: (512)327-0444 Construction of a new 15,457 sf two story masonry and steel building. Completion: 10%in process(as of December 2018) Expected Completion Date: August 2019 Job: Downtown Elderlv Rental Aoartments Address: 820 Convent Ave,Laredo,TX 78040 Contract Amount: $$2,133,000.00 Contact Person:Rogelio Rivera Phone: (956)791-7346 Architect: Sepulveda Associates Architects Address: 1820 Houston St.,Laredo,TX 78040 Contact Person:Robert Sepulveda Phone: (956)725-1985 Rehabilitation and construction of a 2 story 16,660 sf historic affordable housing apartments. Completion: 1%in process(as of December 2018) Expected Completion Date:May 2019 Job: Cotulla City Hall Address: 202 S.Main Street, Cotulla,TX 78014 Contract Amount: $2,246,412.12 Contact Person: Larry Dovalina Phone: (830)879-5806 Architect:Frank Architects Inc. Address: Victoria St. Suite A,Laredo,TX 78040 Contact: Frank Rotnofsky Phone: (956)725-7418 Construction of New City Hall building offices. Completion: 64%in process(as of December 2018) Expected Completion Date:March 2019 Job: Santo Nino Community Center Address: 2200 Zacatecas,Laredo,TX 78046 Contract Amount: $977,350.00 Contact Person:Rogelio Rivera Phone: (956)791-7346 Architect:Design Group International Address: 1701 Mier St.,Laredo TX 78043 Contact Person: Carlos Chapa Phone: (956)791-7346 Renovations for a 13,649 sf Community Center. Completion: 98%in process(as of December 2018) Expected Completion Date: January 2019 Table 3-Projects Awarded SUMMIT BUILDING&DESIGN— OFFEROR'S EXPERIENCE Job: City of Laredo Utilities Dept.Administration Building Address: 5816 Daugherty Ave.Laredo,Tx 78045 Contract Amount: $1,060,000.00 Contact Person:H.Ramirez Phone: (956)721-2000 Architect: Sepulveda Associates Architects Address: 1820 Houston St.,Laredo,TX 78040 Contact Person: Robert Sepulveda Phone: (956)725-1985 Expansion of an existing building. Completion: 29%in process(as of December 2018) Expected Completion Date:February 2019 Table 2-Proposed Project Information David Acevedo - General Manager 4605 Hwy. 359 g Loop 20,Laredo,TX 78043 Ph. (956)727-6601 Fax(956)753-4005 david.acevedo gsummitbuilding andde sign.com EXPERIENCE 1.-More than 17 years in construction management and superintendent fields,including accurate takeoffs, estimating,budgeting,contracting,purchasing,and invoicing. 2.-Experience in full on-site construction management and land development;effectively schedule,monitor, and inspect all work from start to customer orientation. 3.-Work effectively with architects,engineers,developers,bankers,contractors,inspectors,city officials, decorators,agents,and home buyers. EMPLOYMENT Summit Building&Design-General Manager Present-3/10 4506 Hwy 359&Loop 20,Laredo,Texas 78043 Office: 956-722-5251 Infinity Builders Inc.-Owner 3/10-1/05 6948 US Hwy 83 S.,Laredo TX. 78046 Office: 956-723-8717 Impact Construction-Owner 1/05-1/06 1842 US Hwy 83 S.,Laredo TX. 78046 Office: 956-723-8717 CC Construction Inc.,-Project Manager&Supervisor 6/04-1/05 2710 Zacatecas,Laredo TX,78046 Office 956-753-8689 PROJECTS COMPLETED 2017-Capital Bank of Texas-Carrizo Springs($1,262,755) 2017 Fuel America Travel Center-Laredo($5,450,000) 2017 Dimmit County Courthouse Annex Bldg. -Carrizo Springs($6,800,000) 2017 La Salle Fire Station No.2-Encinal(2,483,450) 2017-Orange Theory Fitness-McAllen($470,213) 2017-New Fire Sation-Carrizo Spings($1,844,000) 2017-Arguindegm Commercial Subdivision-Laredo($378,522) 2017-Pita Mangana Plaza-Laredo($1,500,000) 2017-Dr. Romero Finish Out-Laredo($318,012) 2017-Vital Med Urgent Care-Laredo(463,355) 2016-Plaza Del Mar-Laredo($1,284,289) 2016-Orange Theroy Fitness-Laredo($470,213) 2016-Cheetah Express Car Wash-Mathis($418,258) 2016-La Salle County Martinez Park Improvements,Fire Station Co. #1 and Pool and Pavillion-Cotulla($14,221,103) 2015-Road Ranger Convenience Store and Fueling-Encinal($5,800,000) 2015-UETA Duty Free Warehouse-Laredo($2,350,000) 2015-Diocese of Laredo Sagrado Corazon Church-Laredo($650,000) 2015-Penske Tenant Improvements Warehouse-Laredo($1,200,000) 2015-Mary Help School Improvements Phase II-Laredo($348,016) david.acevedo 4 summitbuilding andde sign.corn Table 2-Proposed Project Information David Acevedo Completed 2014—City of Encinal New City Hall—Encinal($1,108,833) 2014—Arguindegui Oil Co.New Offices-Laredo($285,000) 2014—Mary Help School Improvements Phase I-Laredo($210,786) 2014—La Unica Restaurant-Laredo($175,000) 2014—Harmony School of Innovation-Laredo($3,670,000) 2014—Ferguson Satellite Branch-Laredo($275,000) 2014—Our Lady of Guadalupe Hall Remodel&Addition-Laredo($1,188,270) 2013 —Laredo Country Club Remodel&Addition-Laredo($1,300,000) 2013 —Wash-N-Glow Car Wash Central at Chihuahua. Phase 2-Laredo ($678,000) 2012—Wash-N-Glow Car Wash Central at Guadalupe. Phase I -Laredo($435,688) 2012—Tolken Car Wash at Fenwick&McPherson-Laredo($971,596) 2012—Pump-N-Shop C-Store at Fenwick&McPherson-Laredo($1,472,840) Infinity Builders Project Description:HEB Tennis Center Owner: City of Corpus Christi Contact Person: City of Corpus Christi Job Address: 1520 Shely St., Corpus Christi,Texas 78401 Contract Price: $ 500,000.00 Project Description: Al Kruse Tennis Center Owner: City of Corpus Christi Contact Person: City of Corpus Christi Job Address: 502 King St., Corpus Christi,Texas 78401 Contract Price: $ 500,000.00 Project Description:Balli Park Ranger Station&Offices Owner:Nueces County Contact Person:Nueces County Job Address 15820 Park Road 22, Corpus Christi,Texas 78418 Contract Price: $ 550,000.00 Project Description: Calle Del Norte& Springfield-Car Wash Owner:Arguindegui Real Estate Contact Person:Estela Arguindegui Job Address: 6552 Springfield St,Laredo,Texas Contract Price: $206,108.03 Project Description: Shiloh&35 -Car Wash Owner: Arguindegui Real Estate Contact Person:Estela Arguindegui Job Address: 101 Shiloh Dr.,Laredo,Texas Contract Price: $ 186,869.35 Project Description: Shiloh&35—Addition Owner: Arguindegui Real Estate Contact Person:Estela Arguindegui Job Address: 101 Shiloh Dr.,Laredo,Texas Contract Price: $ 118,367.51 david.acevedo 4summitbuilding andde sign.corn Table 2-Proposed Project Information David Acevedo Project Description: Shiloh&35—Store Owner:Arguindegui Real Estate Contact Person:Estela Arguindegui Job Address: 101 Shiloh Dr.,Laredo,Texas Contract Price: $ 1,648,493.68 Project Description: Joe Brand Remodeling Mall Del Norte Owner: Seymon Deutsch Contact Person:Linda Deutsch Job Address: 5300 San Dario, Laredo,Texas Contract Price: $162,605.85 Project Description: Arguindegui Residence Owner: Alfonso&Alejandra Arguindegui Contact Person: Alejandra Arguindegui Job Address: 315 Stratford Lane, Laredo,Texas Contact Phone No.: (956)206-7773 Contract Price: $ 934,529.04 Project Description: GuzmanResidence Owner:David Guzman Job Address: 309 Lake Clark, Laredo,Texas Contact Person:David Guzman Contact Phone No.: (956)285-2697 Contract Price: $224,856.87 Project Description: Star Lube&Tire Owner:Joe&Diana Villarreal Job Address: 2714 Guadalupe,Laredo,Texas Contract Person: Joe Villarreal Contact Phone No. : (956)723-8711 Contract Price: $240,000.00 EDUCATION University of Texas at San Antonio 1980-1986 Major: Architecture Degree:Bachelor's Degree in Architectural Design Minor: CADD/Computer Graphics/Database Management 1986 and 1999. Table 2-Proposed Project Information Rey Gonzalez - Project Manager 15600 San Pedro Ave. Suite 209 San Antonio, Texas 78232 Ph. (888) 775-2266 Fax(210) 572-1503 reynaldo.gonzalez@summitbuildingandde sign.com Project Manager/Architectural Consultant Summit Building&Design Education Bachelor of Architecture 01/1999 1 University of Texas at Austin Qualifications More than twenty years of experience in the design and construction industry. Lead Project Manager in over $350 million worth of construction projects. Primary experience in the design and construction of academic projects ranging from Pre-K to Higher Education. Other work experience includes civic, commercial,multi family,residential,and historic preservation. Work Experience SUMMIT BUILDING AND DESIGN PROJECT MANAGER/ARCHITECTURAL CONSULTANT • 2018 -To-present summitbuildinganddesign.com FRANK ARCHITECTS INC. SENIOR PROJECT MANAGER • 2001 -to- 2018 frankarchitects.com CITY OF LAREDO PLANNING DEPT. PLANNER I • 2000 -to- 2001 ci.laredo.tx.us NATIONAL PARK SERVICE ARCHITECT I SAN ANTONIO MISSIONS NHP • 1997 -to- 2000 nps.gov/saan List of Projects as Project Manager Civic/Government: • Bexar County Fire Marshall- Emergency Response Facility, San Antonio,Texas • La Salle County Fire Station No. 2, Encinal, Texas • Laredo Energy Arena (formerly Laredo Entertainment Center), Laredo Texas • Bridge of the Americas Modification Project, Laredo Texas • Flood Repair Project to Bridge of the Americas and Lincoln Juarez Bridge, Laredo Texas • World Trade Bridge Inspection Station Expansion, Laredo,Texas • Refrigerated Inspection Stations at World Trade Bridge and Colombia Bridge, Laredo Texas • Sombreritillo Wastewater Plant, Laredo Texas • Truck Scale Projects at World Trade Bridge and Colombia Bridge, Laredo Texas • World Trade Bridge Fast Lane Expansion Project, Laredo Texas • James and Maria Luisa Haynes Health and Wellness Center, Laredo Texas • Canizales Boxing Gym Recreation Center, Laredo,Texas • Federal Probation Offices, Laredo Texas • United States Border Patrol Station, Carrizo Springs Texas • Webb County Sheriff's Offices, Laredo Texas • Webb County Head Start Centers (Six Locations), Laredo Texas • Webb County Rio Bravo Community Center Renovation, Laredo Texas • Progreso International Bridge- Import Lot Expansion, Progreso,Texas • Progreso International Bridge- Export Lot Expansion, Progreso,Texas reynaldo.gonzalez gsummitbuildinganddesign.com Table 2-Proposed Project Information Rey Gonzalez Education K thru 12: • Laredo ISD Santo Nino Elementary School, Laredo Texas • Laredo ISD Alma Pierce Elementary School, Laredo Texas • Laredo ISD Warehouse Facility, Laredo Texas • Laredo ISD Cigarroa High School Athletic Complex, Laredo Texas • Laredo ISD Canopy Projects at Farias and Milton Elementary Schools, Laredo Texas • Laredo ISD Canopy Projects at Martin High School, Laredo Texas • United ISD Borchers Elementary School, Laredo Texas • United ISD Robert Centeno Elementary School, Laredo Texas • United ISD Bonnie Garcia Elementary School, Laredo Texas • United ISD Malakoff Elementary School, Laredo Texas • United ISD Col. Santos Benavides Elementary School, Laredo Texas • United ISD Fasken Elementary School, Laredo Texas • United ISD Killam Elementary School, Laredo Texas • United ISD Nye Elementary School, Laredo Texas • United ISD LBV Middle School, Laredo Texas • United ISD United High School Freshman Campus, Laredo Texas • United ISD LBJ High School Phase II Expansion, Laredo Texas • United ISD LBJ High School Phase III Classroom Wing Addition, Laredo Texas • United ISD LBJ High School Career Tech Magnet School, Laredo Texas • United ISD LBJ High School Track and Field and Field House, Laredo Texas • United ISD New United High School, Laredo Texas • United ISD Athletic Improvements at Alexander HS, LBJ HS,and United South HS, Laredo Texas • United ISD Science Lab Additions at Alexander HS, LBJ HS,and United South HS, Laredo Texas • St.Augustine Middle School, Laredo Texas Higher Education: • TAMIU Cowart/Canseco Halls Renovation, Laredo Texas • TAMIU Fine Arts Theater, Laredo Texas • TAMIU Killam Library Gallery Expansion, Laredo Texas • TAMIU Student Center Food Court and Diner, Laredo Texas • TAMIU Student Center Expansion, Laredo Texas • TAMIU Nursing School Renovations at Canseco Hall, Laredo Texas • TAMIU Roof Replacement at Pellegrino and Canseco Halls, Laredo Texas • TAMIU Recreation Sports Expansion, Laredo,TX Commercial/Retail: • Bridge of the Americas Commercial Center, Laredo Texas • Baxter Biolife Plasma Center, Laredo Texas • Las Plazas Office Building, Laredo Texas • UETA Duty Free- Bridge of the Americas Store, Laredo Texas • UETA Duty Free- Convent Store, Laredo Texas • UETA Duty Free-Zaragoza Store, Laredo Texas • UETA Duty Free- Roma Store, Roma Texas • UETA Duty Free- Donna Store, Donna Texas • DFA Distribution Warehouse Facility Expansion, Laredo Texas • Malana Hotel, Cotulla Texas • Druker Office Park, Laredo, Texas reynaldo.gonzalez 4 summitbuildinganddesign.com Table 2-Proposed Project Information Rey Gonzalez Health Care: • Gateway Health Clinic at Saunders, Laredo Texas • Gateway Health Clinic South, Laredo Texas • Gateway Health Clinic South Expansion, Laredo Texas Historic Preservation: • Hamilton Hotel Restoration/Adaptive Reuse, Laredo Texas • Dimmit County Courthouse Restoration, Carrizo Springs Texas • Dimmit County Courthouse Annex, Carrizo Springs Texas • Plaza Theater Building Assessment, Laredo Texas • Villa Antigua Border Heritage Museum, Laredo Texas • Old St.Augustine School Restoration, Laredo Texas • Fort Trevino National Historic Landmark Phase 1 Restoration, San Ygnacio Texas • Cotulla City Hall Phase 1, Cotulla Texas • Canseco De Valle House Restoration, Laredo,Texas Residential/Multifamil3L • Sommerville Residence, Laredo Texas • Rasmusson Residence, Corpus Christi Texas • Market Street Apartments, Laredo Texas • Monarch Town Homes, Laredo Texas • Windsor Place Apartments, Laredo Texas • Grove Place Apartment Complex,Austin Texas Table 2-Proposed Project Information Carlos Perez — Risk Manager 4605 Hwy. 359 �Loop 20, Laredo, TX 78043 Ph. (956) 727-6601 Fax(956) 753-4005 carlos.perez(aargpetro.com PROFESSIONAL SUMMARY As Safety Manager for Summit Building & Design, I am responsible for safety at all construction jobsites. I have extensive experience in producing, executing, and maintaining policies and procedures to keep employees safe and healthy in the work place. Weekly tool box safety meetings are held at all construction sites, as well as audio and/or visual safety presentations are held. I provide job hazard analysis to all employees, and keep safety documentation for all projects. QUALIFICATIONS • 16 years as safety Manager for Arguindegui Oil Company • Completed OSHA Courses Construction Safety and Health(10 Hours) • OSHA 510 (31 Hours)in 2015 • Certified trainer in OSHA for the Construction Industry (OHSA)in 2016 RELEVANT EXPERIENCE Risk Manager Arguindegui Oil Co., Laredo, TX 08-2007 Present Supervise Safety Department and Compliance to include: hiring drivers, employment issues, TWC hearings, health, general liability, property, and auto insurance program renewals, risk assessments of all locations, ensure D.O.T. & OSHA compliance, oversee safety program, oversee training program, implement policies and procedures, ensure environmental compliance, above ground tank registrations, underground storage tank monitoring, TCEQ requirements, SPCC Plans, hazardous materials permits, USCG requirements, emergency response plans, manage all worker's compensation, general liability, property, auto or product claims. Risk Manager Arguindegui Management Co, Laredo, 06-2004108-2007 Supervised Payroll, Human Resources and Safety Departments to include: hiring, employment issues, TWC hearings, employee evaluations, health, general liability, property, and auto insurance program renewals, risk assessments of all locations, ensure D.O.T. compliance, oversee safety program, oversee training program, implement policies and procedures, oversee and implement employee benefits plans. Safety Manager Arguindegui Management Co., Laredo, TX 11-2003 106-2004 Super Developed and implemented safety program and manuals for all Arguindegui Companies. Developed and implemented a new hire orientation program. Conduct Weekly driver safety meeting. Ensure compliance of all D.O.T. and OSHA Regulations. Inspect all facilities and equipment on a timely basis. Conduct Accident/incident investigations to find root causes. Train employees on the Following: orientation, defensive driving, hazardous materials, D.O.T. regulations, Tanks and values, gasoline delivery, rollover prevention, Alcohol and Substance abuse, personal protective equipment, slips, trips and falls, and Hours of service (logs). Regional Safety Manager Mission Petroleum Carriers Inc. Houston, TX 12-1997111-2003 Provided safety training for all new hires to include: orientation, confined space, defensive driving, hazardous materials D.O.T. regulations, tanks and values, gasoline delivery, crude oil delivery, roll over prevention, alcohol and substance abuse, personal protective equipment and hours of service. Inspected equipment and facilities for safety compliance. Conducted road observations of drivers. Ensured compliance of all D.O.T. and OSHA regulations. Provided support to terminal managers with hiring practices. My coverage area consisted of the following terminals: Three Rivers, TX, Corpus Christi, TX, San Benito, TX, Laredo, TX, San Antonio, TX, and Arlington, TX. Conducted accident/incident investigations to determine root of causes. carlos.perez4argpetro.com Table 2-Proposed Project Information Carlos Perez Coordinator Bee Community Action Agency 08-1995112-1997 Implemented and monitored safety policies and procedures for the agency. Developed and conducted driver evaluations, drug and alcohol testing policies and procedures, accident/incident investigations, provided operational support to the executive director and administrative director in the implementation of agency programs. Weatherization/Safety Coordinator Bee Community Action Agency 01-1992107-1995 Implemented services under the agency's Weatherization Assistance Program. Conducted client eligibility, assessments, and inspections of homes. Prepared monthly financial and programmatic reports. Monitored ongoing work being conducted on homes on a daily basis. Developed and implemented agency's safety policies and procedures manual. EDUCATION Associate of Applied Science, Mid-Management May-1986 Bee County College, Beeville, TX. Dean's list: Fall 1984, spring 1985, spring 1986, and graduated with honors. Graduated A.C. Jones High School May, 1984 Beeville, TX. Table 2-Proposed Project Information Richard Rivera — Quality Control Mgr. 4605 Hwy. 359 g Loop 20, Laredo, TX 78043 Ph. (956) 727-6601 Fax(956) 753-4005 richard.riveragsummitbuild inganddesign.com PROFESSIONAL SUMMARY • Oversee operations to ensure materials and construction practices meet company construction standards and guidelines • Responsible for ensuring projects are built following owner requirements as specified in the contract documents. • Represent the owner or developer. • Take actions to deal with the results of delays,bad weather,or emergencies at construction site. • Inspect or review projects to monitor compliance with building and safety codes or other regulations. • Direct and supervise workers. QUALIFICATIONS • 9+years of experience as Construction Supervisor • 6 years of experience in metal building fabrication and erections • 6 years of experience in Sky Track, Crane, Fork lift and Bob Cat and other heavy machinery operator • 17 years of experience in residential and commercial construction • EPA certified renovator RELEVANT EXPERIENCE Project Supervisor/Quality Control Manager Summit Building&Design 2012 Present Job: UISD Main Security Stations at Various Campuses Scope:New security stations at 34 UISD campuses Contract Amount: $1,579,613.00 Completion:under construction Job: Youth Village Rehabilitation Center Scope:New 15,457 sf building Contract Amount: $3,686,200.00 Completion:under construction Job: Dimmit County New Fire Department Scope: Construction of a new Fire Station Contract Amount: $1,909,670.00 Project Size: 7,915 sf Completion: 10/19/2017 Job: Dimmit County Courthouse Annex Scope:New three story building Contract Amount: $6,515,339.00 Project Size: 21,000 sf Completion: 06/16/2017 Job: Penske Tenant Improvements Scope:New offices at existing warehouse Contract Amount: $1,200,000.00 Completion: 04/2015 Job: City of Encinal New City Hall Scope:New Building including Judge Precinct, Police Station and Municipal offices Contract Amount: $1,098,833.95 Project Size: 7,000 sf Completion: 11/20/2014 richard.rivera4summitbuildinganddesign.com Table 2-Proposed Project Information Richard Rivera Job: Mary Help School Improvements Scope: Gym&Bath Improvements Contract Amount: $210,786.00 Completion: 08/2014 Job: Harmony School of Innovation Scope: Conversion and interior modification of an old building into an elementary school Contract Amount: $3,482,099.00 Project Size: 38,000 sf Completion: 08/19/2014 Job: Ferguson Satellite Branch Scope: Commercial Building Improvements Contract Amount: $275,000.00 Project Size: 7,000 sf Completion: 07/2014 Job: Our Lady of Guadalupe Hall Remodel &Addition Scope: Remodel existing Hall and Addition of Chapel Contract Amount: $1,188.271.00 Project Size: 6,000 sf Completion: 01/07/2014 Job: Laredo Country Club Remodel Scope: Remodel of existing Country Club facilities Contract Amount: $1,300,000 Project Size: 50,000 sf(remodel) Completion: 10/2013 Job: Wash-N-Glow Carwash Central Phase II Scope: Const. Of new manual facility with 5 bays,mech. rm.,and vacuum area. Contract Amount: $750,000 Project Size: 19,272 sf Completion: 08/2012 Job: Wash-N-Glow Carwash Central Phase I Scope:New automatic facility with 2 bays,mechanical rm. Contract Amount: $435,688 Project Size: 12,851 sf Completion: 08/2012 Job: Muller Token Carwash Scope:New manual &auto facility with 7 bays,mech. rm., and vacuum area. Contract Amount: $941,596 Project Size: 40,722 sf Completion: 08/2012 Job: Fenwick Pump-N-Shop Scope:New Convenience/kitchen store with fueling station Contract Amount: $1,472,841 Project Size: 40,719 sf Completion: 09/2012 EDUCATION Cigarroa High School, Laredo,TX High School Diploma, July 1994 Table 1 -Previous Bidding&Construction Experience LITIGATION DISCLOSURE INFORMATION 1. Parties and lawsuit: Cause No. 17-07-00109-CVL; La Salle County, Texas v. AOC Calton, Ltd., d/b/a Summit Building & Design, pending in the 81St Judicial District Court of La Salle County, Texas. 2. Nature of Claim(sl: This lawsuit was filed by La Salle County exactly one (1) day prior to expiration of the initial contractual one (1) year warranty period provided by Summit Building & Design ("Summit") as part of work performed to improve certain public facilities (baseball parks, swimming pool and recreation center, etc.) in Cotulla, Texas. Since the lawsuit was filed, the parties have reached a written agreement whereby Summit has committed to undertake repair of minor warranty issues identified by the County. Some of these items requested to be repaired by La Salle County included components damaged through theft, vandalism, or otherwise, paint/tile touch up, loose fittings, etc. As a gesture of good faith, Summit agreed to replace and/or repair a number of non warranty, at its sole cost and expense. The parties have agreed that the lawsuit will be dismissed upon completion of the agreed upon repairs and/or maintenance items. CORPORATE RESOLUTION I, Lizette Sanchez, Secretary of AOC Holding Company, Inc., a corporation organized and existing under the laws of the State of Texas, (the "Corporation") certify that the following is a true and complete copy of a Resolution duly adopted at a meeting of the Board of Directors of the Corporation, which took place on April 26, 2016, at which a quorum was present and voting: RESOLVED, that the following employee of the Corporation David Acevedo, Manager of Summit Building and Design Is fully authorized to make, execute and deliver, under corporate seal and on behalf of the Corporation, any and all written instruments and their signatures to such documents shall be binding upon the Corporation for the following project: City of Corpus Christi CCAD Industrial Security Enclave Project Project # E17088 IN WITNESS WHEREOF, I have hereunto set m hand and the seal of the Corporation this 13th day of February, 2019. Secretary ®-e-- " President ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individuI signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signs this certification shall attach evidence,of individual's authority to bind the o ganization to an agr ement.. Bidder: AOC Calton,Ltd., b Summit Buildi &Design (ty ed or printed) j By: (individual's signature) Name: David Acevedo (typed or printed) Title: General Manager (typed or printed) Designated Representative: Name: D avid Acevedo Title: General Manager Address: 4506 Hwy 359 Laredo, Texas 78043 Telephone No.: (888) 775-2266 Email: david.Acevedo@summitbuildinganddesign.com END OF SECTION Statement of Experience 0045 16- 13 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 TABLE 1—ORGANIZATION INFORMATION Organization doing business as: I Summit Buildin &Design Business Address of Principal Office 4506 Hwy 359,Laredo,Texas 78043 Telephone No. 888-775-2266 Website I www.siimmitbuildinganddesign.com 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 March 9,2011 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 AOC Holding Company 100% 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 AOC Calton,Ltd. 3/09/2011 Present Indicators of Organization Size Average number of current full-time employees 16 Average estimate of revenue for the current year $20,000,000 Statement of Experience 004516-4 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 1—Organization Information Organization doing business as: I Summit Building&Design 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 Orange Theory Fitness 2018 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 1 2018 1 EMR 1 .96 Year 2017 1 EMR 1 1.09 1 Year 2016 1 EMR .97 Previous Bidding and Construction Experience—Answer all question Yes or No. Has Bidder or a predecessor organization been debarred wi in the last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO V YES Has Bidder or a predecessor organization been disqualified as a adder 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}�roposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO V YES Has Bidder or a predecessor organization ever defaulted on a project or failed to co plete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. NOY YES Has Bidder or a predecessor organization been involved in claims or litigation involving project owners wit n the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO YES Please see attached Litigation disclosure information. 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 aim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO V YES Statement of Experience 004516-5 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 2—Project Information Organization doing business as: I Summit Building&Design 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 David Acevedo Superintendent Rey Gonzalez Safety Manager Carlos Perez Quality Control Richard Rivera 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 Communications,Access Control Iron Forge Systems 28% PP I Reinforced li Fencing, Environmental Allies .86% Gate Inlet Protection Curb Inlet Protection Fencing,Gates,Turnstile, Man ate, D&C Fence 51% Roof Structure,Concrete Foundation, Bollards,Pedestals,card reader Electrical QFS Electric 6.8% 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 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Summit Building&Design Proiect Information Project Name Fuel America Travel Center Description New 16,300 sf Truck Stop/C-store and Fuel Stati Dn Reference Contact Information Project Owner KAS Ventures LLC Name/Title Tony Drake Telephone 214 532-4000 Email Project Designer EJES Incorporated- Richard Kin (214) 343-1210 Project Budget and Performance Original $5,950,000.00 Final Contract $6,203,819.00 #Contract 160 # Days 0 Contract Price Price Days Late Issues/Claims/ N/A Litigation: Proiect Information Project tnexBuilding mmit County Courthouse Description New 3 story building approx. 21,000 sf Name Reference Contact Information Project Owner Dimmit County Name/Title Francisco G. Ponce, Dimmit County Jud e Telephone (830) 876-4230 1 Email I countyjudge@dimmitcounty.org Project Designer I Architectura SA— Jose Calzada 210 573-355 Project Budget and Performance OriginalFinal Contract $6 #Contract 558 # Days 216 Contract Price $6,515,339.00 Price ,806,710.00 Days Late Issues/Claims/ Customer requested changes to original scope of work. Litigation: Proiect Information Project a Salle County Fire Station No. 2Description New fire station approx. 10,024 sq Name Reference Contact Information Project Owner La Salle County Name/Title Don Smith Fire Chief La Salle Count Telephone 512 966-4244 1 Email I dsmith@soteriasolutions.com Project Designer I Frank Architects,Inc.- Frank Rotnofsk (956) 725-7418 Project Budget and Performance Original Final Contract #Contract # Days Contract Price $2,483,459.00 Price $$2,483,459.00 Days 270 Late 130 Issues/Claims/ Bad weather delay and additional work requested by owner to utilize contingency allowance Litigation: Which included: Electrical modification in Bay Area- Reels,floor sample selection, electrical provider selection water service connections and additional landscaping. Statement of Experience 004516-7 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Summit Building&Design Proiect Information Project Dimmit County Name New Fire Department Description New 7,915 sf volunteer fire department Reference Contact Information Project Owner Dimmit County Name/Title Francisco G. Ponce,Dimmit County Judge Telephone (830) 876-4230 1 Email I countyjudge@dimmitcounty.org Project Designer Architectura SA— Jose Calzada (210) 573-355 Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,844,090.00 price $1,909,670.00 Days 210 Late 289 Extra utility work by owner which included:Unforeseen utility under building footprint.Water utility connection Issues/Claims/ was not physically located as per city plans.Project was placed on hold by owner in order to implement revisions. Litigation: Storm drain revision requested by owner.Water table found during culvert connection work which took several Proiect Information s o ram. Project a Salle County Martinez Park Description Construction of a Softball field complex,an indoor poo mrovements Pool&Pavilion and ire Station 1 Name with pavilion and a Fire Station . Reference Contact Information Project Owner La Salle County Name/Title Don Smith, Fire Chief La Salle County Telephone (512) 966-4244 1 Email I dsmith@soteriasolutions.com Project Designer Frank Architects, Inc.-Frank Rotnofsky(956) 725-7418 Project Budget and Performance Original 14,221,193.00 Final Contract $14,521,193.00 #Contract 365 # Days 35 Contract Price Price Days Late Issues/Claims/ yes,please see attached Litigation Disclosure Information Litigation: Proiect Information Project laza Del Mar/Orange Theory Fitne 'Description 13,250 sf shell building w/parking spaces including two Name Finish Out fitness centers. Reference Contact Information Project Owner Arguindegui Real Estate Name/Title Hilda Zavala Telephone 956 722-5251 Email hilda.zavala@argpetro.com Project Designer N/A Project Budget and Performance Original $1,989,042.00 Final Contract $2,087,902.00 #Contract 120 # Days 90 Contract Price Price Days Late Plaza Del Mar completed 9/09/2016 IssuesClaims/ Orange Theory Fitness completed 11/15/2016 Litigation: Additonal work requested by owner Statement of Experience 004516-8 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 3-Projects Awarded during the Last 5 Years-Not including City of Corpus Christi Projects Organization doing business as: Summit Building&Design Protect Information Project Road Ranger Truck Stop Description new approx.. 10,000 sf C-Store,Restaurant and Fuel Name Islands Reference Contact Information Project Owner Road Ranger USA Name/Title John Carabelli,VP of Construction Telephone (815) 387-1408 1 Email jcarabelli@RoadRangerUSA.com Project Designer I David L.Jenkins&Assocs. (815) 397-97 Project Budget and Performance Original Final Contract #Contract # Days Contract Price $4,814,337.91 Price $5,010,602.67 Days 120 Late 0 Issues/Claims/ N/A Litigation: Project Information Project Conversion and interior modification of an old 38,000 s Name Harmony School of Innovation Description building into an elementary public school Reference Contact Information Project Owner Harmony School System Name/Title Erol Kose,M.Ed,Harmony School System Director of Facility and Planning Dept. Telephone (713) 343-3333 Ext.:2031 Email I ekose@harmonytx.org Project Designer I Heights Venture,LLP- Eric J Abeln(713) 869-1103 Project Budget and Performance Original Final Contract #Contract # Days Contract Price $3,482,099.00 Price $3,654,556.31 Days 90 Late 0 Issues/Claims/ N/A Litigation: Project Information Projec Name t City of Encinal New City Hall Description new approx.. 7,000 sf building Reference Contact Information Project Owner City of Encinal Name/Title Velma Davila,City Mana er Telephone (956) 948-5226 1 Email velma.encinal@yahoo.com Project Designer Guajardo Associates- Roberto G.Guajardo (210) 691-0113 Project Budget and Performance Original Final Contract #Contract # Days Contract Price $1,098,833.95 Price $1,098,833.95 Days 210 Late 0 Issues/Claims/ N/A Litigation: Statement of Experience 004516-9 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I Summit Building&Design 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 violat' n or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO 1V 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 thetupe 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. NOIV— 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: AV 1 Does the Bidder have a written construction safety program? es ❑ No 2 Does the Bidder conduct regular construction site safety inspections? es ❑ No 3 Does the Bidder have an active construction safety training program? VYes ❑ 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 ❑ es ❑ No V N/A B. Excavation VYes ❑ No ❑ N/A C. Cranes & Hoists ❑Jes ❑ No V N/A D. Electrical VYes ❑ No ❑ N/A Statement of Experience 004516- 10 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 4-Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Summit Building&Design E. Fall Protection i Yes ❑ No ❑ /A F. Confined Spaces ❑ Yes ❑ No V N/A G. Material Handling Yes ❑ No ❑ N/A H. Demolition Yes ❑ No ❑ N/A I. 1 Steel Erection es ❑ No ❑ N/A J. Underground Construction YYes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than 5 or equal to the national average for North American Industrial Classification System Vo ("NAICS") Category 23 for each of the past five (5)years? Provide the Bidder's OSHA 300 °Yes N 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 Jes ❑ 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 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 Table 5 - Demonstrated Minority, MBE, DBE Participation Organization doing business as Summit Building&Design 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 Iron Forge Systems - SBE Communications,Access Control 28% Environmental Allies - SBE SWPP, NOI, Reinforced Slit Fencing, .86% Gate Inlet Protection, Curb Inlet Protection Statement of Experience 004516- 12 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252- 3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-490-1007 Web:http://www.tdi.state.tx.us Email:ConsumerProtection@tdi.texas.gov PREI'MUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. ----------------------------------------------------------------------------------------------------------------------------- Texas Rider 06042014 Report Created On:2/13/2019 2:22:45 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Addendum#1 02/11/2019 16:52:39 PM El 7088 Addendum 2 02/11/2019 16:52:40 PM Report Created On:2/13/2019 2:22:45 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E17088 Specifications 2/11/2019 4:50:00 PM Plans E17088 Plans 2/11/2019 4:50:00 PM Other E17088 Bidders Worksheet 2/11/2019 4:50:00 PM Addenda Addendum#1 2/11/2019 4:50:00 PM Addenda E17088 Addendum 2 2/11/2019 4:50:00 PM Bidders Pre Bid Attendance Roster 2/11/2019 4:50:00 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on February 26, 2019, is between the City of Corpus Christi (Owner) and AOC Calton, Ltd. dba Summitt Building&Design (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: CCAD Industrial Security Enclave Project E17088 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd., Suite 300 Corpus Christi,TX 78408 cforsythe@LNVinc.com 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#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. Agreement 005223- 1 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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 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$785 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$785 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 Award: Base Bid plus Add.Alt. No. 4 $ 2,945,359.30 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. Agreement 005223- 2 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 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. Agreement 005223-3 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 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. 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; Agreement 005223-5 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 D. CITY SECRETARY for the City. [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI Digitally signed by Rebecca H-0, Digitally signed by Jeff Edmonds Rebecca H uerta DN a Rebecca H-1,o Qyercemt,scbnsti. DN cn=Jeff Edmonds ou=Engineering o_Usny Secretary..email=rebecceh@aatexas.aom. email=jeffreye@ectexas.com:c=US _ Dere.201903.180922.02-05'00 Date:2019.03.1210:15:54-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2019-034 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 2/26/19 Digitally signed by Kent Mcllyar 7 Dig tally s'gned by RH/ML DN:cn=Kent Mcllyar o,cu. L�/n n DN n RH/ML oC'ty Secretaryou=City Secretary, email=kentmnc@cctexas.cem,c=US I V I bre l mon'quel@cctexas com c US Date:2019.03.11 13.23.00-05'00' Date:2019.03.18 08:51:50-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR AOC Calton, Ltd. dba Summit Building & Design (Seal Below) By: David Acevedo °��"a9 d 9 �m�s Note: Attach copy of authorization to sign if Title: General Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4506 Hwy 359 Financial Officer Address Laredo, Texas 78043 City State Zip 888/775-2266 956/753-4005 Phone Fax david.acevedo@summitbuildinganddesign.com Entail END OF SECTION Agreement 005223-7 CCAD Industrial Security Enclave Project,#E17088 Rev 10/2018 00 61 13 PERFORMANCE BOND BOND NO. 5264515 Contractor as Principal Name: AOC Calton, Ltd dba Summit Building & Design Mailing address (principal place of business): 4506 Hwy 359 Laredo, TX 78043 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. E17088 CCAD Industrial Security Enclave Project Award Date of the Contract: February 26, 2019 Contract Price: $2,945,359.30 Bond Date of Bond: February 28, 2019 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: SureTec Insurance Company Mailing address (principal place of business): 2103 CityWest Boulevard, Suite 1300 Houston, TX 77042 Physical address (principal place of business): 2103 CityWest Boulevard, Suite 1300 Houston, TX 77042 Surety is a corporation organized and existing under the laws of the state of: Texas 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): (512) 732-0099 Telephone (for notice of claim): (512) 732-0099 Local Agent for Surety Name: Kahn Insurance Agency, LLC Address: 112 Del Court, Suite B Laredo, TX 78045 Telephone: (956) 231-0321 Email Address: gregkahn(a�kahn-insurance.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 E17088 CCAD Industrial Security Enclave Project 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 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 Principal Signature: �/ �'-' t.:::: : re: Name: AI-P011S0 u; �t1� \ Name: Gregory Ka n Title: Plre,$I .ek- . Title: Attorney -in -Fact Email Address: c faisOg av'g pe+YO, Com Email Address: gregkahn@kahn-insurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E17088 CCAD Industrial Security Enclave Project 006113-2 7-8-2014 POA #: 5264515 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Gregory Kahn its true and lawful Attorney-in-fact, 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 waivers to the conditions of contracts and consents of surety for: Principal: AOC Holding Company, Inc. Obligee: City of Corpus Christi Amount: $ 2,945,359.30 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of' the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings 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. (Adopted at a meeting held on 20"' of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 6th day of April, A.D. 2017. State of Texas County of Harris ss: µMxxFp" 41oi 7 XI y� By: k, l7 ._ r i •r. 'MWtlIgN On this 6th day of April, A.D. 2017 before me personally came John Knox, Jr., to me known, who, being by me • ly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company descrr.ed in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. , AaYp.'% JACQUELYN GREENLEAF oec Notary Public, State of Texas �' %'+. Comm. Expires 05-18-2021 Notary ID 126903029 J'acjjue yn Greenleaf, Notary Public My comtnission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28th F;bruary 2019 , , A.D. M. Brent : eaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtectionatdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 06042014 1 00 61 16 PAYMENT BOND BOND NO. 5264515 Contractor as Principal Name: AOC Calton, Ltd dba Summit Building & Design Mailing address (principal place of business): 4506 Hwy 359 Laredo, TX 78043 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. E17088 CCAD Industrial Security Enclave Project Award Date of the Contract: February 26, 2019 Contract Price: $21945,359.30 Bond Date of Bond: February 28. 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: SureTec Insurance Company Mailing address (principal place of business): 2103 CityWest Boulevard, Suite 1300 Houston, TX 77042 Physical address (principal place of business): 2103 CityWest Boulevard, Suite 1300 Houston, TX 77042 Surety is a corporation organized and existing under the laws of the state of: Texas 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): (512) 732-0099 Telephone (for notice of claim): (512) 732-0099 Local Agent for Surety Name: Kahn Insurance Agency, LLC Address: 112 Del Court, Suite B Laredo, TX 78045 Telephone: (956) 231-0321 Email Address: gregkahn(a�kahn-insurance.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 E17088 CCAD Industrial Security Enclave Project 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. a Contractor as Princiy. Signature: '��". y Surety Signature: Name: Ah'Dhso "'UV ho Name: Grego Kahn Title: Pres, -eA:t' Title: Attorney -in -Fact Email Address: ate.. . 1 I -._ 0.c00\ Email Address: gregkahn@kahn-insurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E17088 CCAD Industrial Security Enclave Project 006116-2 7-8-2014 POA #: 5264515 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Gregory Kahn its true and lawful Attorney-in-fact, 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 waivers to the conditions of contracts and consents of surety for: Principal: AOC Holding Company, Inc. Obligee: City of Corpus Christi Amount: $ 2,945,359.30 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of' the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings 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. (Adopted at a meeting held on 20"' of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 6th day of April, A.D. 2017. State of Texas County of Harris ss: µMxxFp" 41oi 7 XI y� By: k, l7 ._ r i •r. 'MWtlIgN On this 6th day of April, A.D. 2017 before me personally came John Knox, Jr., to me known, who, being by me • ly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company descrr.ed in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. , AaYp.'% JACQUELYN GREENLEAF oec Notary Public, State of Texas �' %'+. Comm. Expires 05-18-2021 Notary ID 126903029 J'acjjue yn Greenleaf, Notary Public My comtnission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28th F;bruary 2019 , , A.D. M. Brent : eaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtectionatdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 06042014 1 ACRD CERTIFICATE OF LIABILITY INSURANCE likv.,,r.---- DATE(MM/DD/YYYY) 02/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kahn Insurance Agency, LLC P.O. Box 450550 CONTACT Greg Kahn PHONE FAx AAIC Nn Fxt) (956)231-0321 (A/c, Na):(888)650-1867 Wass: gregkahn@kahn-insurance.com Laredo TX 78045- INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Endurance American Specialty Ins. Co. 41718 INSURED AOC Calton, Ltd dba Summit Building & Design PO Box 1367 Laredo TX 78042- INSURERB:Philadelphia Indemnity Insurance Company 18058 INSURER C :Starstone Specialty Insurance Co. 44776 INSURERD:Texas Mutual Insurance Company 29939 INSURERE: INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR wvn POLICY NUMBER POLICY EFF IMM/DDIYYYYI POLICY EXP IMM/DD/YYYYI LIMITS A GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY CBF10000185201 09/14/201809/14/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE RETED PREM SESO(Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 $ 1,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES ITRi PER: LOC $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS PHPK1841580x 06/27/201806/27/2019 (0 aBcideD) INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per ardent) $ $ C X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 46589E182ALI 09/14/201809/14/2019 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DFD RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ANYIPROPRIE ER EARTNER/E ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N IN N / A 0001130384x 05/01/201805/01/2019 X TpRVTJj OFR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,0 00 , 000 E.L. DISEASE - POLICY LIMIT 1 000 000 $ , DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: E17088 CCAD Industrial Security Enclave Project The Certificate Holder is an Additional Insured under General Liability & Auto Liability only when required by written contract but limited to the operations of the Insured under said contract, and always subject to policy terms, conditions, and exclusions. The Certificate Holder is an Additional Insured - Primary and Non-contributory under General Liability only when required by written contract. Waiver of Subrogation in favor of certificate holder under General Liability, Auto Liability, and Workers compensation only when required by written contract CERTIFICATE HOLDER CANCELLATION Al 000551 City of Corpus Christi, Texas its officers, officials, employees, volunteers, & elected representatives PO Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • n ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CBF10000185201 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 POLICY NUMBER: CBF10000185201 COMMERCIAL GENERAL LIABILITY CG 20 34 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section II) is amended to include as an additional insured any person or or- ganization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in- sured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury', "property damage" or "personal and adver- tising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. POLICY NUMBER: CBF10000185201 CG 20 34 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: CBF10000185201 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by virtue of written contract. Location And Description of Completed Operations: Additional Premium: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard". CG 20 37 10 01 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CBF10000185201 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. © ISO Properties, Inc. PI -FDL -008 (10/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION II — LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": Any person or organization other than a joint venture, for which you have agreed by written contract to procure "bodily injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with your permission. However, this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own; 2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; 3. Anyone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; 4. Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto"; or 5. A partner (if you are a partnership), or a member (if you are a limited liability company) for covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any "insured," or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to "loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an "insured" except for this endorsement; or Page 1 of 2 PI -FDL -008 (10/12) 3. For any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Page 2 of 2 PI -FDL -009 (10/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. It is agreed that the insurance provided by any additional insured endorsement attached to this policy is primary when primary coverage is required in a written contract. We will not seek contribution from any insurer when insurance on a non-contributing basis is required in a written contract. For coverage to apply, the written contract must have been executed prior to the occurrence of "loss." Page 1 of 1 PI -FDL -001 (10/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT: FUEL DEALERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Who is An Insured Newly Acquired Entities Designated Insured Lessor of Leased Autos Included Included Included 2 Cost of Bail Bonds $5,000 2 Reasonable Expenses — Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage — Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less 4 Personal Effects $500 4 Rental Reimbursement $100 per day / 30 days 4 Accidental Discharge — Air Bag Amended 5 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Replacement Included 5 Auto Loan / Lease Gap Coverage Amended 6 One Comprehensive Coverage Deductible Per Occurrence Amended 7 Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7 Mental Anguish — Bodily Injury Redefined Amended 8 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II — LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": 1. Newly Acquired Entities — Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 2. Designated Insured — Any person or organization designated by the "insured" is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 3. Lessor of Leased Autos — The lessor of a "leased auto" is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. Any "leased auto" in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. The coverages provided under this endorsement apply to any "leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Page 2 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) D. Fellow Employee Coverage SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. B. Glass Breakage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles is amended by adding the following: No deductible applies to "loss" to glass used in the windshield or windows. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. C. Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a "loss" to a covered "auto." We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." D. Hired Auto Physical Damage — Loss of Use The last sentence of SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses is deleted in its entirety and replaced with the Page 3 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) following: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000. E. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any "auto" you lease, hire, rent or borrow from someone other than your "employees" or partners, or members of their household is a covered "auto" for each of your physical damage coverages. The most we will pay for any "loss" in any one "accident" is the ACV or the cost for repair or replacement of the vehicle, whichever is less. For each covered "auto" our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage. F. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to $500 for "loss" to personal effects, which are: 1. Owned by an "insured"; and 2. In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto." We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. Page 4 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) If "loss" results from the total theft of a covered "auto," we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C. Transportation Expenses of this endorsement. H. Accidental Discharge — Airbag Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. I. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c. and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." The most we will pay for all "loss" to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one "accident" is the least of: a. The actual cash value of the damaged or stolen property at the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000 This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include: However, if the covered "auto" has less than 20,000 miles on its odometer, then the following condition will apply: Page 5 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan / Lease Gap Protection SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of "loss" to a covered "auto" that is loaned or leased to an "insured": a. The most we will pay for "loss" in any one "accident" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for "total loss" will be the greater of: (1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a "balloon loan"; or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of "loss." c. Additional Definitions (1) "Total loss" for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered "auto." In order for this coverage to apply, leased "autos" must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor. Page 6 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) L. One Comprehensive Coverage Deductible SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any "loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period. III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us, or our authorized representative, prompt notice of the "accident" or "loss." Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, 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." C. Unintentional Errors or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: Page 7 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -FDL -001 (10/12) The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. IV. DEFINITIONS A. Mental Anguish SECTION V — DEFINITIONS, C. 'Bodily injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 8 of 8 © 2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. TexasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/1/18 at 12:01 a.m. standard time, forms a part of: Policy no. 0001130384 of Texas Mutual Insurance Company effective on 5/1/18 Issued to: ARGUINDEGUI MANAGEMENT CO LLC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1(800) 859-5995 1 Fax (800) 359-0650 Authorized representative 4/26118 WC420304B THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE (30 DAYS) TO THIRD PARTY It is hereby understood and agreed that the Cancellation condition of this Policy is amended to add the following: If we cancel this Policy for non-payment of premium, we will mail written notice of cancellation to the person(s) or organization(s) shown in the Schedule at the address(es) shown below at least 10 days before the effective date of cancellation. If the Policy is being cancelled for any other reason, written notice of cancellation will be mailed to the person(s) or organization(s) shown in the Schedule at the address(es) shown below at least 30 days before the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule below will not extend any policy cancellation date, negate or effect in anyway any cancellation of this Policy or provide any additional insurance that would not have been provided in the absence of this endorsement. This endorsement does not entitle the person(s) or organization(s) shown in the Schedule below to any benefits, rights or coverage under this Policy. Schedule City of Corpus Christi, Texas PO Box 9277 Corpus Christi,'IX 78469-9277 All other terms and conditions remain unchanged. Endurance American Specialty Insurance Company EGL 1350 0115 PI-CANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS Al or CH Additional Insured or Certificate Holder Address Al CITY OF CORPUS CHRISTI, TEXAS PO Box 9277, Corpus Christi, T> The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. gregkahn@kahn-insurance.com From: underwriting@texasmutual.com Sent: Thursday, March 07, 2019 2:16 PM To: gregkahn@kahn-insurance.com Subject: 0001130384 ARGUINDEGUI MANAGEMENT CO LLC Request Receipt Dear Valued Agent, Thank you for using our online services. Attached is a copy of your policy change request for ARGUINDEGUI MANAGEMENT CO LLC (0001130384 effective 05/01/2018). The following has been sent to Texas Mutual Underwriting: 30 NOC for: City of Corpus Christi, Texas PO Box 9277 Corpus Christi, TX 78469-9277 Requested Effective Date: 03/08/2019 If you have any questions, please contact your underwriter. Sincerely, Texas Mutual Underwriting NOTE: Replies to this email are sent to underwriting@texasmutual.com. TexasMutual® WORKERS' COMPENSATION INSURANCE Workers' Compensation and Employer's Liability Policy Policy number Issue date Policy period 0001130384 4/26/18 5/1/18 to 5/1/19 Extension of Information Page Item 1: Insured Name Extended Agent copy Additional named insured FEIN Entity AOC CALTON LTD 203548038 Limited partnership DBA:SUMMIT BUILDING AND DESIGN AOC HOLDING COMPANY INC 203422260 Corporation ARGUINDEGUI INVESTMENTS LTD 742952311 Limited partnership ARGUINDEGUI OIL COMPANY II LTD 741668080 Limited partnership ARGUINDEGUI PUMP N SHOP LTD 200746042 Limited partnership ARGUINDEGUI RAILWAY SERVICES LTD 201093061 Limited partnership ARGUINDEGUI REAL ESTATE LTD 200792407 Limited partnership FLEET FUELING SYSTEMS LTD 113656767 Limited partnership QUANTUM AERONAUTICS LLC 205029385 LLC This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/1/18 at 12:01 a.m. standard time, forms a part of: Policy no. 0001130384 of Texas Mutual Insurance Company effective on 5/1/18 Issued to: ARGUINDEGUI MANAGEMENT CO LLC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1(800) 859-5995 1 Fax (800) 359-0650 Authorized representative 4/26118 WC 00 00 01 B -NAME TeXaSMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY 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. WC 42 06 01 Agent copy In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 30 2. Notice will be mailed to: Schedule CITY OF CORPUS CHRISTI, TEXAS PO BOX 9277 CORPUS CHRISTI, TX 78469-9277 US This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/8/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0001130384 of Texas Mutual Insurance Company effective on 5/1/18 Issued to: ARGUINDEGUI MANAGEMENT CO LLC Premium change: $0.00 This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 Endorsement no. 2 Authorized representative 3/13/19 WC 42 06 01