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C2019-688 - 11/12/2019 - Approved
OOUS Cl h N7,..,) 00 52 23 AGREEMENT This Agreement, for the Project awarded on November 12, 2019, is between the City of Corpus Christi (Owner)and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: SEA District Pedestrian Improvements(Bond 2012) Re-Bid Project No. E12134 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering,Inc. 5350 South Staples Street,Suite 425 Corpus Christi,TX 78411 UASouthcc@lja.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel,PMP—Assistant Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Road, Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 00 52 23-1 • , #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 SCANNFI) FINAL CONSTRUCTION COPY CONTRACT DOCUMENTS FOR CONSTRUCTION OF S * E *A DISTRICT PEDESTRIAN IMPROVEMENTS ' re-bid ' (Bond 2012) PROJECT NO. E12134 LA14 LJA ENGINEERING --P�cEOF rEX�, City of ,* :...................::N j YESENIA• SINGLETON 102398 Corpus .....F.s .. N `NAS Christi z-y- zoi 9 LJA ENGINEERING 5350 South Staples Street, Suite 425 / Corpus Christi, TX 78411 / (361)991-8550 Record Drawing Number STR 938 February 2019 00 01 00 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents(Rev.11-14-2018) 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 10-11-2018) 00 30 00 Bid Acknowledgment Form (Rev 10-11-2018) 00 30 01 Bid Form (Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders (Rev 10-11-2018) 00 30 05 Disclosure of Interest(Revo1-2016) 00 30 06 Non-Collusion Certification (Rev 10-11-2018) 00 45 16 Statement of Experience (Rev 10-11-2018) 00 52 23 Agreement(Rev 10-11-2018) 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) 00 74 00 Special Conditions for TxDOT(Rev 10-11-2018) 00 74 01 Special Conditions for TxDOT Participation Projects 00 74 02 TxDOT Governing Specifications—General Requirements & Covenants 1.-9L. 00 74 03 TxDOT Standard Wage Rates 00 74 04 Equal Employment Opportunity Certificate 00 74 05 LINC Protege Application 00 74 06 FHWA 1273 00 74 07 Certification of Non-Segregated Facilities 00 74 08 Debarment Certification 00 74 09 Disclosure of Lobbying Activities 00 74 10 Child Support Statement Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-11-2018) 01 23 10 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) Table of Contents 000100- 1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 11/2018 Division/ Title Section Division 01 General Requirements(Cont'd) 01 35 00 Special Procedures (Redo-11-2018) 01 50 00 Temporary Facilities and Controls(Rev 10-11-2018) 01 57 00 Temporary Controls(Rev 10-11-2018) Part S Standard Specifications Division 02 Site Work 021040 Site Grading 021080 Removing Abandoned Structures 022022 Trench Safety for Excavations 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair; Curb, Gutter, Sidewalk& Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 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 025805 Work Zone Pavement Markings 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words, and Emblems 025816 Raised Pavement Markers 025818 Pavement Markers (Reflectorized) (TxDOT DMS-4200) 025828 Bituminous Adhesive for Pavement Markers (TxDOT DMS-6130) Table of Contents 000100- 2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 11/2018 Division/ Title Section Part S Standard Specifications(Cont'd) Division 03 Concrete 030020 Portland Cement Concrete 032020 Reinforcing Steel 037040 Epoxy Compounds 038000 Concrete Structures Division 05 Metals 055420 Frames, Grates, Rings and Covers Part T Technical Specifications 022410-T Storm Water Pollution Prevention 025680-T Colored Concrete Pavement 028020-T Seeding Item 618 Conduit 34 41 16.43 Ground Boxes TxDOT Standard Specifications (Note: All Bid Items designated with a TxDOT Specification Number in the Bid Proposal shall be constructed per and comply with the 2014 TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The 2014 TxDOT Specifications listed below are available online at www.dot.state.us. Any referenced specifications shall also apply to the construction of the Bid Item). Item 100 Preparing Right of Way Item 104 Removing Concrete Item 105 Removing Treated and Untreated Base and Asphalt Pavement Item 110 Excavation (9, 132) Item 161 Compost Item 162 Sodding for Erosion Control Item 166 Fertilizer Item 168 Vegetative Watering Item 192 Landscape Planting Item 210 Rolling Item 260 Lime Treatment(Road-Mixed) (105, 132, 204, 210, 216, 260) Table of Contents 000100-3 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 11/2018 Division/ Title Section TxDOT Standard Specifications(Cont'd) Item 300 Asphalts, Oils, and Emulsions Item 351 Flexible Pavement Structure Repair(132, 204, 247, 310, 340) Item 402 Trench Excavation Protection Item 464 Reinforced Concrete Pipe Item 467 Safety End Treatment (420,421, 432,440, 442,445, 464) Item 496 Removing Structures Item 500 Mobilization Item 502 Barricades, Signs &Traffic Handling (5, 9) Item 506 Temporary Erosion, Sedimentation & Environmental Controls (161,432, 556) Item 528 Colored Textured Concrete and Landscape Pavers (132, 247, 420, 421, 440) Item 531 Sidewalks (104, 360,420, 421,440, 530) Item 668 Prefabricated Pavement Markings (678) TxDOT Special Provisions SP000-001 Schedule of Liquidated Damages (1) SP000-002 Nondiscrimination (1-2) SP000-03 Certification of Nondiscrimination of Employment(1) SP000-04 Notice of Requirement For Affirmative Action To Ensure Equal Employment Opportunity(Executive Order 11246) (1-4) SP000-05 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (1-5) SP000-06 On-The-Job Training Program (1) SP000-07 Disadvantaged Business SP000-10 Important Notice To Contractors (1) SP003-005 Award and Execution of The Contract(1) SP006-001 Control of Materials (1-2) SP007-001 Legal Relations and Responsibilities (1-3) SP007-003 Legal Relations and Responsibilities (1) SP008-004 Prosecution and Progress (1) SP008-119 Prosecution and Progress (1) SP506-002 Temporary Erosion, Sedimentation and Environmental Controls (1-2) END OF SECTION Table of Contents 000100-4 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 11/2018 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: S•E•A District Pedestrian Improvements (Bond 2012) 're-bid'—Project No. E12134 A. The S•E•A District Pedestrian Improvements (Bond 2012) 're-bid' Project includes the construction of an accessible pedestrian route along Brewster Street from N. Broadway Street to N. Chaparral Street and along N. Chaparral Street from Brewster Street to Harbor Drive, a total length of approximately 1,300 feet. The Project also includes landscaping and lighting improvements along the proposed sidewalk route. The Project is funded through a combination of'Transportation Alternatives Program' (T.A.P.) funds and City Bond funds. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $875,000. The Project is to be substantially complete and ready for operation within 90 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.Com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,orother information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 P.M. on Wednesday, August 21, 2019 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 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. Invitation to Bid and Instructions to Bidders 002113- 1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi Contracts and Procurement Department City Secretary's Office City Hall Building, 1" Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: Contracts and Procurement Bid -S•E•A District Pedestrian Improvements(Bond 2012) 're-bid'—Project No. E12134 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 P.M.August 21,2019 at the following location: City of Corpus Christi City Hall Building, 1" Floor Contracts and Procurement Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 10:00 A.M.Tuesday,August 13, 2019 at the following location: City Hall Building—SMART Board Conference Room 3rd Floor, Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. Invitation to Bid and Instructions to Bidders 002113- 2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts,errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or,offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond, cashier's check,certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and thejob name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%)of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded, or, all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. Invitation to Bid and Instructions to Bidders 002113-5 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will,at its discretion,award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 15.04 The Bidder is required to submit bids for [all] Additive Alternates #1, #2, [and][or] #3. Any Bid submitted with a "No Bid" on Additive Alternates #1, [#2, and #3] will be considered a nonresponsive Bid. Invitation to Bid and Instructions to Bidders 002113-6 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 15.05 The Bids will be evaluated based on the following order of priority, subject to the availability of funds: [edit as applicable] A. Total Base Bid -OR- B. Total Base Bid plus Additive Alternates#1 [and#3] -OR- C. Total Base Bid plus Additive Alternates#2 [and#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%. 16.04 Disadvantaged Business Enterprise participation goal for this Project has been established to be 12%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. Invitation to Bid and Instructions to Bidders 002113-7 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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 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. Invitation to Bid and Instructions to Bidders 002113-8 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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.). 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 costs 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 Invitation to Bid and Instructions to Bidders 002113-9 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 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 UA Engineering, Inc. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 12 rain days have been set for this Project. An extension of time due to rain days will be considered only after 12 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule Supplementary Conditions 007300- 1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Supplementary Conditions 007300- 2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 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 X 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 X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between 8:00 a.m. and 7:00 p.m. unless other times are specifically authorized in writing by OAR. SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." Supplementary Conditions 007300-3 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 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-21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX-29 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). 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 UA Engineering, Inc. 361-991-8550 Yesenia Singleton, PE 361-991-8550 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 Supplementary Conditions 007300-4 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 Public Agencies/Contacts Phone Number Spectrum Communications 1-800-892-4357 Crown Castle Communications 1-888-632-0931 (Network Operations Center) Centuryl-ink 361-208-0730 W i ndstrea m 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description END OF SECTION Supplementary Conditions 007300-5 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by / �4,.60 G"o`r� (type or print name of company) on: Wednesday,August 21,2019 at 2:00 P.M. for Project No. E12134—S•E•A District Pedestrian Improvements(Bond 2012) 're-bid'. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at www.CivCastUSA.com. To submit the original bid security or if submitting hard copy bids, please send to: The City of Corpus Christi,Texas Contracts and Procurement Department 1201 Leopard Street Corpus Christi,Texas 78401 Attention: Contracts and Procurement Bid—S•E•A District Pedestrian Improvements(Bond 2012) 're-bid'—Project No. E12134 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.05 Bidder acknowledges receipt of the following Addenda: Bid Acknowledgement Form 003000- 1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No. E12134 Rev 10/2018 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. Bid Acknowledgement Form 003000-2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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 Bid Acknowledgement Form 003000-3 S•E-A District Pedestrian Improvements(Bond 2012)'re-bld'—Project No.E12134 Rev 10/2018 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. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, correct mathematical errors or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 4516 STATEMENT OF EXPERIENCE Bid Acknowledgement Form 003000-4 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—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 S-E-A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 ARTICLE 12-BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: M4)60 I�W06Z1a.- (typed or printed U tegai name Bidder) By: (in ' idu / ure) Name: /'Arr- ,,a, (typed or printed) Title: p (typed or printed) Attest: (indi 1d ignature) State of Residency: OF- Federal Tax Id. No. 3 9- 51717044 Address forgiving notices: ,�'.1'j', Aix� Phone: '3 4/,-S-el 41--r4C Email: �►,�s�s f�Lo,,�h�c�,..t•e 0 v (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 S•E•A District Pedestrian Improvements(Bond 2012)'re-bld'-Project No.E12134 Rev 10/2018 00 30 Ol BID FORM Project S•E•A District Pedestrian Improvements(Bond 2012)'re-bid' Name: Project E12134 Number: Owner: Ci of Corpus Christi Bidder: rylolkh OAR: Designer: UA Engineering,Inc. ]TEM 2D14 7xDOT Spec.Number DESCRIPTION UNIT ESTIMATED UNIT PRICE E"ENDED AMOUNT QUANTITY Base Bid 5-E-A District Pedestrian Improvements(Bond 2012)'re-bid' PartA•Pedestrian and Mobility Improvements(per SECTION 01 29 41 MEASUREMENT ANO BASIS FOR PAYMENT) Al 500 MOBILIZATION LS 1 $ 33,000.00 $ 33,000.00 A2 — BONDS&INSURANCE LS 1 $ 20,375.00 $ 20,375.00 A3 502(5)(9) TRAFFIC CONTROL LS 1 $ 15,000.00 $ 20,000.00 A4 506(161)(432)(556) STORM WATER POLLUTION PREVENTION PLAN LS 1 $ 2,400.00 $ 2,400.00 AS — EXPLORATORY EXCAVATIONS LS 1 $ 5,000.00 $ 5,000.00 A6 — OZONE ACTION DAY DAYS 2 $ 1.00 $ 2.00 A7 506(161)(432)(556) INLET PROTECTION EA 17 $ 120.00 $ 2,040.00 A8 506(161)(432)(556) SANDBAG INLET PROTECTION EA 1 $ 120.00 $ 120.00 A9 461(9)(400)(402)(403)(420)(421) 3.5'CONCRETE FLUME W/STEEL PLATE&FRAME LF 5 $ 300.00 $ 1,500.00 (440)(442)(445)(447)(467) ADJUST EXISTING FLUME AND CURB INLET INTO BOX A10 430(420)(421)(440) CULVERT AND EXTENDED CURB INLET TO LS 1 $ 11,224.75 $ 11,224.75 ACCOMMODATE SIDEWALK STRUCTURE All ADJUST EXISTING WATER METER EA2 $ 750.00 $ 1,500.00 Al2 ADJUST EXISTING WATER VALVE BOX EA E7 $ 800.00 $ 5,600.00 A13 ADJUST EXISTING GAS VALVE BOX EA 8 $ 500.00 $ 4,000.00 A14 471(441)(445)(448)(465) ADJUST EXISTING MANHOLE RING&COVER EA 4 $ 1,800.00 $ 7,200.00 A15 - ADJUST ELECTRICAL BOX EA 2 $ 2,400.00 $ 4,800.00 A15 496 RELOCATE SIGNAGE EA 14 $ 960.00 $ 13,440.00 A17 104(9) REMOVE EXISTING CONCRETE PAVEMENT SY 184 $ 44.80 $ 8,243.20 A18 210 SUBGRADE PREPARATION FOR CONCRETE PAVEMENT SY 241 $ 15.00 $ 3,615.00 A19 247(4)(9)(105)(204)(210)(216)(520) 6"TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE PER SY 241 $ 20.00 $ 4,820.00 TXDOT STD.ITEM 247 A20 360(421}(422)(438)(440)(529)(585) 9"CONCRETE PAVEMENT(CLASS`S'4,000 PSI) $Y 186 $ 185.00 $ 34,410.00 A21 528(132)(247)(275)(401)(420)(421) 9" CONCRETE PAVEMENT COLORED & STAMPED SY 55 $ 236.00 $ 12,980.00 44Q CLASS'S'4,000 PSI CIRCULAR FEATURE A22 192(161)(166)(168) LANDSCAPE PLANTING(5-GAL OLEANDER) EA 25 $ 120.00 $ 3,000.00 EA2 SO162(166)(168) DDING FOR EROSION CONTROL SY 603 $ 9.00 $ 5,427.00 L PART A-Pedestrian and Mobility Improvements(Items Al thru A23) $ 204,696.95 Bid Form 00 30 01-Page 1 of 2 S-E-A District Pedestrian Improvements(Bond 2012)'re-bird'—Project No.E12134 Rev 1012018 00 30 01 BID FORM ITEM 2014 TxDOT Spec.Number DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTrrx Part B-ADA Improvements(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) B1 104(9) REMOVE EXISTING CURB AND GUTTER LF 747 $ 15.00 $ 11,205.00 112 104(9) REMOVE EXISTING CONCRETE DRIVEWAY/VALLEY SY 68 $ 3,060.00 GUTTER $ 45.00 B3 105 REMOVE EXISTING HMAC DRIVEWAY SY 151 $ 9.00 $ 1,359.00 B4 104(9) REMOVE EXISTING CONCRETE SIDEWALK/RAMP/ SY 472 $ 14,160-00 FLUME $ 30.00 B5 105 REMOVE EXISTING HMAC PARKING LOT SY 129 $ 9.00 $ 1,161.00 B6 110(9)(132) STREET EXCAVATION(1'B.O.C.) SY 1,821 $ 26.27 $ 47,837.67 B7 210 SUBGRADE PREPARATION(1'B.D.C.) SY 1,764 $ 12.00 $ 21,168.00 B8 529(360)(420)(421)(440) STD. 6" CURB & GUTTER (INCL. LIMESTONE BASE LF 1,381 $ 38,668.00 BENEATH CURB TO 1'B.O.C.) $ 28.00 B9 531(104)(360)(420)(421)(440)(530) CONCRETE SIDEWALK SF 9,406 $ 7.00 $ 65,842.00 B10 247(4)(9)(105)(204)i210)(216)(520) 6 TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE PER SY 419 $ 8,380.00 TX DOT STD.ITEM 247 CROSSWALKS $ 20.00 811 528(132)(247)(27S)(401)(420)(421) 9" CONCRETE COLORED & STAMPED (CLASS 'S' 4,000 SF 3,771 $ 100,308.60 440) PSI)CROSSWALK $ 26.60 B12 - ADA RAMP SF 4,435 $ 25,00 $ 110,875.00 B13 530(247)(260)(263)(275)(276)(292) CONCRETE DRIVEWAY SF 2,365 $ 22,704.00 (316)(330)(334)(340)(360)(421)(440) $ 9.60 614 351(132)(204)(247)(260)(263)(275) FULL-DEPTH PAVEMENT REPAIR SY 885 $ 105 QO $ 92,925.00 (276)(292)(310)(316)(330)(334)(340) B15 668(9)(678) REFLECTIVE PAVEMENT MARKINGS (W) (12")(SLD) (90 LF 963 $ 17,334.00 MIL CROSSWALKS $ 18.00 SUBTOTAL PART B-ADA Improvements(Items Bl thru B35) $ 556,987.27 Part G•Lighting Improvements(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 CONDT(PVC)(SCHD40)(2") LF 1137 $ 8.00 $ 9,096.00 C2 CONDT(PVC)(SCHD40)(2")(BORE) LF 280 $ 25.20 $ 7,056.00 C3 GROUND BOX TY A(122311)W/APRON EA 18 $ 1,200.00 $ 21,600.00 SUBTOTAL PART C-Lighting improvements(Items C1 thru C3) $ 37 75200 BID SUMMARY SUBTOTAL PART A-Pedestrian and Mobility Improvements(Items Al thru A23) $ 204,696.95 SUBTOTAL PART 8-ADA Improvements(Items Bl thru 815) $ 556,987.27 SUBTOTAL PART C-Lighting Improvements(Items C1 thru C3) $ 37,752.00 TOTAL PROJECT BASE BID(PARTS A-C) $ 799,436.22 Contract Times Bidder agrees to reach Substantial Completion in 90 days Bidder agrees to reach Final Completion in 120 days Bid Form 00 30 01-Page 2 of 2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 leopard Street Corpus Christi,Texas 78401 CONTRACT: S-E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 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 between Bidders and any official of the Owner concerning exchange of money or other �thing �o^f value for special consideration in the letting of a contract. Company Name: ( ed or printed) By: sig oture—attach evidence of authority to sign) Name: (QAX/--«-...--_ (typed or printed) Title: 1f%,• ,2.�" Business address: '3'63 d .S.' moi♦r..e,.,�� �2l�- au--7 Phone: Email: Gj @��, G,..dre c,�S•y�r - Gr END OF SECTION Non-Collusion Certification 00 30 06-1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 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: /��Jam+ � ,. L 4,1— C- ET P.O. BOX: 'Jj t-3 ADDRESS '3 tUor .-f CITY: ���. _ STATE: ZIP: FIRM IS: 1. Corporation [�'� 2. Partnership T 3. Sole Owner E]4. Association u 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." '- Namer� Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name„i * Consultant City of Corpus Christi 00 30 05—1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bld'—Project No.E12134 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 I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: ,r�►r;s j (j ,/w,M Title: 0e,, .C..,,Z,G fG (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 00 30 05—1 S•E-A District Pedestrian Improvements(Bond 2012)`re-bld'—Project No.E12134 Rev 01/2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptrollers annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: 6:;,�CCV4r G,L (tffed or printed) By: ure—attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: 134X144 991A-r-9 Email: qct Q,7�S, ,Cw�005--w g-ea END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 S•E•A District Pedestrian Improvements(Bond 2012)'re-bld'—Project No.E12134 10/2018 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects,A.LA Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Mako Contracting, LLC as Principal hereinafter called the Principal, and U.S._Specialty Insurance Companv a corporation created and existing under the laws of the State of TX whose principal office is in Houston,TX as Surety, hereinafter called the Surety, are held and firmly bound unto Citv of Corpus Christi as Obligee, hereinafter called the Obligee. in the sum of Five Percent of the Greatest Amount Bid Dollars (5% GAB) for the payment of which sum, well and truly to be made,the said Principal and the said Surety. bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas,the Principal has submitted a bid for E12134 SEA District Pedestrian Improvements Rebid NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 21st day of August, 2019 Mako Contracting, LLC (Principal) By (SEAL) U.S. Specialty Insurance Company (Surety) BY (SEAL) Robert G. Kanuth, Atterney-in-fact A, \ i Z �A TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint.: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, TX p its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million`**** Dollars (* $10,000,000.00*.r ).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 151 day of June, 2018, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY COMPANY ,U.S.•SPECIALTY INSURANCE COMPANY `O41p,AC C,�S,40 $�••C I `Q 7i��su'?fry State of California x � E o !` o By: County of Las Angeles 9 '; .o'= ' r` ' •rYl -sr� r� 4�q r `C411f00.K��` y'gih 'pF1F. r°`� 'h`nr ';� ,��� . Daniel P. Aguilar,Vice President !hl'nllrvbNlnrin.N� A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or vaygK of that document On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P.Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. "Fty �� r Y4 i \� Ccr;-,fssba 7 i19�t7 My 4oIMI I Signature (seal) a quo,n.:�� I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. [n r "less WhereofAlMwh reunto set myp� nd affixed the seals of said Companies at Los Angeles, California this day of U ,+�pAGTags. ,pildL SUFtr. ' srsYr • .. Corporate Seals Bond No. - ►:OI1�OWf[A - �L a = r rql ilg=i r Agency No. 17042 s`�+moa<lk,. s Kio Lo, Assi Secretary ,,,,,,,, �,„ r„*,,;rte'• .... 't�,r:rv ,„ H CC SMAN POA0612018 visit tmhcc.com/surety for more information 10 cast = V 0C Aa" e F p Q 7Zi S j 1 � . . . . . . e e (nom � '�' 1 • . • . ja • (per MT m =3S1 �9C _ _ = f Ta T'M0 a 7C �a'� ` _ 329x39 mK � o '7TopDo �C�u`S�'3 .oGa51�s31 � cr O0 % .•f......... x i i I U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compafiia: 801 S.Figueroa Street,Suite 700 801 S.Figueroa Street,Suite 700 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages,rights,or complaints at: de companias,coberturas,derechos,o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1 A) Consumer Protection(111-1A) P.O.Box 149091 P.O.Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No.(512)490-1007 Fax No.(512)490-1007 Web:http://www.tdi.texas.gov Web:http://www.tdi.state.tx.us E-mail:ConsumerProtection(n tdi.texas.gov E-mail: ConsumerProtection(o)tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first.If the dispute is not compania primero.Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCCSTXMtXgII/10 - main 17rI)r11=4v71 ToU-Pree(866)823-0673+Fax(972)771-4695 Amarillo Claude•Dallas Denton•El Paso•Pt.Worth•Grapevine♦Henrietta•Houston•Plano+Port Arthur Rockwall♦San Angelo San Antonio t Southlake♦Spring♦Sulphur Springs 4 Tyler 4 Waco♦Wichita Falls 004516 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due,or earlier if required by the Bid Documents,to demonstrate the Bidders'responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non- responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify,enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement,prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible,the Owner may notify the next apparent low Bidders in order,who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor In response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function,their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project,indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 00 4516-1 S•E-A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials,safety,coordination of Subcontractors,experience with the submittal process,Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience,Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder" includes the firm,corporation,partnership,or other legal entity represented by the Bidder or anyone acting for such firm,corporation,partnership,or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience 004516-2 S•E•A District Pedestrian Improvements(Bond 2012)'re-bld'—Project No.E12134 Rev 10/2018 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code,Chapter 60.2(c)(1)and(2). 3. "Environmental Protection Agency' includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service,agencies of local governments responsible for enforcing environmental protection laws or regulations,and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration("OSHA")regulations within the past five(5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five(5)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death,within the past ten(10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY,MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS. Statement of Experience 004516-3 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 MAKO CONTRACTING, COMPLETED -• ISCHEa PROJECT-LOCATIONS- PROJECT TEAM OWNER ARCH ITEC TIENGINEER PROJECT TYPE e SQ FT CONTRACT 8 FINAL AMOUNTS Ina riveSidewalknglneering Demoo existing ashpall sidewalk and Fi road crossings, 300000 installnew concae a t ewe an mail crossings,bl,I s, and a5pharr paving Starling Fuel Farm Sterling Air Services RNB Engineering Site work,select fill building pad,instaflation of concrete 5742,903 fuel n oum ons and loading area. I Dosntor:n Sircc!scapo Improvements City c[Corpus Christi Freese&nichols 6crc!c c-,cf sty pavement and concrete,install 5744,068.85 ccl,u—.s ancs ,s a.signage an rg ng,ms a .rash cans aru dell�wasle s accns rens pun am BfeW r 6eriouse VictoryBuilding team LJA Icirigine6i'ing Site we ,silect r.1f nwCing pad, nrV stiff I Iza Ipn a DDo par In a,final grac.ng Viii-e-sT7iiii Park Improvcments-----:: - arpris Clirisli- 1 umer Ramirez ons ru-i Go c sra e�calRs.u;:.hes,building, $909,047 �. ,.� ec rice, :•..,vc rri South ores ounyarrT— UA Ln ineenng Lm ey suocl-._:cr.ccns on $705,000 Bird Island 6re,Kwotc- Padre Island National Seashore Sitework to construct breakwall $84,000 Hector P.Garcia Hike and Bike Trail City of Corpus Christi Govind Development clearing and crubaing Install 4'Limestone Base, $305,000 Marcus Ybarrrca Install 1.5't YAC Type 0,Geogfid Wooden Kiosks o s own Aurpi Projectuoces sun y r awor,Paving Truck nspec ion Station !City of CC LNV Engineering w e clearing,construct 41JW0 soft concrete S1,109,0W I-`-" "' parking.concrete mad.blorm sewer system n ge across ave nsla sec ca o I �n u e Ig !po es. Department of Public 5ataty Parking Lot Deparanem of Pabtic Safety Texas Facaities C-rinniasion Demo ending concrete paving and u5lracs 5990.Oae 1922 South r@WandrIY@ 17111 San apn oinstallnew storm water system,lime slii5lize. erpVsChrist,Tx Ausbri, a nVall limestonebase and70.60sqI1of concrele paving. 3=60—paird unanHis rNA Pelorrosillmorkand sqftof concrete paving, 1460,000 5301 Laorei,d contra a uun aeon,metal ri orecnon orpus(36MG.Tx ream o 51MAM41. Engineering Insiall Z acre limestone Taydcwn yard an , Q 17,500 3102 E wy Orpl13 r.e. x sa .1 concrete pavang Oen.le, IBrittle, . o esort Phase 11 Istria iiiiarlin o Ings IiEngin Rir g Turnkey RV ParkDevelopment acres $1,20,00 2600 Scale Hirrhvrav 361 Carpus Christi,Tx m 2725 Swanor Install site grading,fithbes,concrele silo Port Araa3as,.T. Corpus Cil l,7Y paving,concrete roads,building,pool and land%uring Del Mar Laydown Yard Del Mar Colleoe Construct limestone laydown Yard,20.001 548,300 4101 Old Brownville Corvus Christi,Tx Comus Christ.Tx Klabern Bank Parkin Lot Klebera Bank Munoz Engineering Remove existing asohalt parkin lot an 5454.000 Staples&Williams 4102 Baldwin Corpus Chnsa,Tx install concrete uavino. 40.000 soft. Corvus Christi,Tx Corvus Christi.Tx Install structural concrete piers,foetinas. stairs and ADA ramp Brien y&Viffinnebago St City of orpus Cbrisli Gly o Project-Hemove and replace $105.000 Corpus Chnsti,Tx 1201 Leopard st concrete sidewalks,curb and gutter,driveways. Haas Anderson Construction Corpus Christi,Ix retaining wens.ADA ramps Soull1i apes scares roan Engineering Construct commercial u ing pad S19.Wo Port ri 2115 Swantner Corpus Christi,Tx Corpus Chnsti,Tx Corpus Christi,Tx Pius urc locase a arpus ns ass Welsh ngmeermg mo existing 71 sciff pa mg 101 ana su Sa,42,000 51120 Gollihar 620 Llpan 5t 3MA S.Alameda grade. Install underground utilities,recycle Corpus Chnsb,Tx .Corpus Christi,Tx Corpus Christi,Tx base material,install Concrete paying parking lot Fig Is Bariftry of Qorpaus Chni City at - emove and re $149.193 Carpus Christi,Tx 1201 Leopard at concrete sidewalks,urm and gutter,,driveways, Haas Anderson Construction Corpus Cnnsb,Tx retaining walls,ADA ramps males, a e r Wdyn EM jann Flooten I rust an Engineering —Fill wetlands ffirougi carps ol engineers perni $75,500 Cutoff Road TC1JP Development,LLC 2725 Swantner Construct building pad and building utilrbes Port Aransas,Tx 2217 State 14"381 Corpus Christi,Tx Post Aransas,fx Page 1 of 15 PROJECT-LOCATIONS- PROJECT TEAM OVIINER ARCHITECTIENGINEER PROJECT TYPE b SO FT CONTRACT 3 FINAL AMOUNTS Fbirmumn"Goya engineers 1771.265 Station St TCIJP Oovelopmonl,LLC 2725 Swantrner metas ubbolm for subdwtrpon,building pads, Pon Aransas,Tx 2217 State Hwy 381 Copus CMiati,Tx Concrete City Streets Port Aransas,Tx City of CC I=FDR Ciry of Corpus Christi Complete full depth repairs on city streets. $146,842 SOLV41WFiaru Bturf 1201 Leopard at Remove axis asphalt pevurg and limestone Corpus MOO,Tx Corpus Chase.Tx base matenal. install geo-grid.tmmstone Haas Anderson Construction base,and final grading. City of CC tDIO FDR City of Corpus Christi Complete fug depth repairs on city stmets. 1194,400 Woodland Creek 1201 Leopard at Ronme existing asphalt paving and limestone Corpus Christi,Tx Corpus Chnat,Tx base material. Install goo-grid.grnestone Haas Anderson Construction base,and final grading. Port eHoldings, n Engineering Construct turnkey is we KV Keson. Perform 11.506.000 2800 State Highway 381 Corpus Christi,Tx 2725 Swantrer alta grad rig,underground utilities,electrical, Port Aransas,Tx Corpus Chnsq Tx concrete ane paving,concrete roads,2 buildings City of CC IDIQ FDR Ciry of Corpus Christi Complete full depth repairs on city streets. 1117,930 Hawn dr. 12D1 Leopard st Remove existing asphalt paving aria limestone Corpus Chnsb,Tx Corpus Christi,Tx base material. Instaa goo-gruf,limestone Hass Anderson Conshmbon base,and final grading. rry nComplete full deptilire on city stream. $212.372 Cole at 1201 Leopard at Remove existing asphalt paving and limestone Corpus Chnsb,Tx Corpus Christ,Tx bass material. minas geovul.limestone Hass Anderson Construction base,and final grading. Pon of Corpus Christi Maintenance Facility Pon of Copus Christi Part of Corpus Christi Engineering Remove and replace concrete paving $34785 Pot of Corpus Christ 222 Power st Corpus Christ,Tx Copus Christi,Tx TWC Partners Padding Lot TVOC Partners Urban Engineering Dema existing 00.000"it parktrg lit srd sub- s601,000 4141 S.bISPes 4141 S.Sia" 2725 Uwanmer grace. Itrs18G underground utdrties,lane Carpus Cfmall,Tx Corpus Christi,Tx Copus Christ,Tx stabbixe soils,Wising Concrete pavmg parking lot n a, 1189.000 iso Parkway a wooldrld" 1201 Leopard at corxtete wait and piers Corpus Chnsti,Tx Corpus Chnsb,Tx Flower Foods Embroe Construction Sita work,building pad,site concrete, 1138,000 5820 Hwy 359 4747 Williams joint sealant and sawwthirg.RCP msM Alice.Tx Gaorgatown,Tx Pon Bulk Dods Roadway Extension Pon of Copus Christi David Kravis Demo axisting limestone road.replace with $153,367 Part of Copus Christ 222 Power sL 222 Power st heavy duty concrete roadway Copus Chnsb.Tx Corpus Christ,Tx City of Corpus Chr1W Health DepaRmard City of Corpus Christi Urban Engineering Dene existing asphat Parking tots,Install $416,000 Horne,Q Ureenwcod 1201 Leopard Stall Corpus Chnst,Tx Imestone base,now heavy duty concrete Corpus Christ,Tx Corpus Chrha.TX 78401 paving,concrete sidewalks and drives, concrete dumpster pads,light pole bases, ftod uvwp.r G.b.Gaosnwr now asphalt parking tots &VwWWderr:F khwd Nob$ Tulaao Nidwav ISD-Hfoh School Sbawalass Asphalt roots.seelmaifne,peteNrnp 2853 McKmzic 4900 East Grimes.Suite 116 Corvus Christi.TX Hmfincen.TX A'4NdMwww Gros GoOCmar Rkhwd Dakv Lazv Sov,Furniture Aiphre Cornractin6 Hodes 6 Associates as wok butdsM pad.Concrete bit dasmr, Ww9w.00 7522 S.P.I.D. 1100 NE Loop 410 0311 13542 Omeas concrete paving,curbs,gutters,skdewatks Cordus Christi.TX Son Antonio.TX Dallas.TX light pole bases gqedMarwex Gate GOO&M S?mmtMOwt Podard contract thal pritwidas for Corpus Clubs ISD-Dh rld VVkte 901 LeoPmd St kntaaassrn of cocram and aaphaa paw. Cayes Clean Tams Purchastnp OepL 361.9854M Rvpd MVWW Gina Goo~ J.N.pink Tutoso Midwav ISD-fth School Spewatass NA Sae work,bkramkxk ped.ata bavbrp,aideawbs 2653 McOutio 4909 East Grimes.Suite 116 entry stairs,loading dock foundations.ramps Comas Christ.TX Hsriarden.TX Nowrewwart Pnysd Mwrpor:Gass Goadsrn J.N.park Tuktso Midwi v ISD-SooRs Complex SbawMtaae NA Construction of softball and basoW Gelds. 2853 MclDnzie 4049 East Grimes.Suite 118 drainage swabs.site wok,site concrete Corpus Christi.TX Hartugen.TX Page 2 W 15 PROJECT-LOCATIONS-PROJECT TEAM OWNER ARCHITECTfENGINEER PROJECT TYPE&SQ FT CONTRACT&FINAL AMOUNTS R*d ArarOW Gabo Goodnm MTVX 9A6 .fbd darskar omentumpus ouveauConstruction of concrete $20.000 6300 Ocean Drive 2441 Lacy lana sidowalka,reaps and Corpus Chdsti,TX CanoUtan,TX drainso Project Manager Gabe Goodman 5.000 Sq Ft J.H.Clark TX A&M Corpus ChrbM Soccer Comniox Nouveau Construct 3 full size soccer $754.245 8300 Octan Drive 2441 Lacy Lane fieids,1.SW It,swell and Corpus Christi,TX Carrollton.TX storm sower system Project Manager.Gabe Goodman 434.250 Sq Ft Superintendent:J.H.Clark DrtfiwodtFt.Worth hnprovemerds CW Of Corpus Chrtsd WA Demo of tlty street sidewalk 554.750 1201 Leopard Street and Gutters.Construct ram Corpus Christi,TX 78401 stone subarado.asohatt street concrete valley gutter and ormcrate cabs AqW Manager.Gabe Goodman 15,000 Sq Ft S 'mandent.J.N.Clark Port Aransas Ferry Buiidlnq TX DOT WA Construct building pad.time 5130.125 818 West Cotter Corbett Construction stablitxe and Grade site. Port Aransas,TX General Contractor install asphalt paddno lot, 1027 Dragon St concrete curbs and Dallas,Tx storm sewer system Proffitt Manager.Gabe Goodman 40.000 Sq Ft Superintendent J.H.Cfatk MINS Residence Sean MUdz WA Exterior Remodel $13,000 102 Armistad owner Corpus Chris,Tx (361)785.8584 Project Manager.Gabe Goodman Supatinterident,Rkriamf Draker Storm Services Stormy Keiper NIA Site Preparation,utility $81.000 12860 FM 70 Owner installation,paddng tot Sandia,Tx (381)877-5337 construction for future Pipeline Service Company Prbled Manager Gabe Goodman 42,000 Sq Pt Superintendent RbUnfDroker Keiper Residence Stormy Kelper WA Custom pool docking. $31.266 Owner patio and outdoor kitdfen (381)877-5337 Page 3 of 15 TABLE 1-ORGANIZATION INFORMATION Organization doing business as: I 11Alonhrac, GG G Business Address of Principal Office G! Telephone No. !S/-S6 a' Website Form of Business(check one) i;i<or oration ❑ Partnership ❑ Individual If a Corporation State of Incorporation 'T Date of Incorporation :211A- Chief 1 - Chief Executive Officer's Name 5V4't•G President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited Man Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies,Firms,or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year goo. — Statement of Experience 004516-4 S•E-A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 Table 1-Organization Information Organization doing business as: Iq Cir w/y C Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 ;golf 2 a..Ot a-A �o/f 3 �^so-�t 4 lflhre,c n...A- JngA .S7*-h't A/? 5 IAIk got or /1 Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR)History for the last 3 years. Provide documentation of the EMR. Year EMR 1. 6r I Year EMRt Year 10'26)61 EMR Previous Bidding and Construction Experience—Answer all question Yes or No. Has Bidder or a predecessor organization been debarred with""e last 10 years? List debarring entities below and provide full details in a separate attachment if yes. NO_L= YES Has Bidder or a predecessor organization been disqualified as abi 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 or896sal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO YES Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. NO YES Has Bidder or a predecessor organization been involved in claims or litigation involving project/oers within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO ✓ YES Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or ciai9L and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO ✓ YES Statement of Experience 004516-5 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 Table 2—Project Information Organization doing business as: e 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 ManagerbO7W�y,,��� Superintendent -tt-/+Tcr� Safety Manager �^„t �_ qaj Quality Control ,r / 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 Co.r n�r' 34,10Z fitcelcs& .S Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year I EMR Year EMR Year EMR Subcontractor Year I EMR I Year I TEMR Year I EMR Statement of Experience 004516-6 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 __m :,t. t}t.! t.-i.. -Maf ..`.t 3 .I.1; b -.3t.t. r_l soon_r nu ... .! , in .!f. . '.!-....... 0 •.._ .s' eft'.�,t '.i i il•.,C�': 1• ..JtJ, .`Jr ..a.t .._ 0006 .i .,i:i._..r K; WH ., T.V1.111 .. t.. .. „ _ i J , ,_00t ...i.... 110V :tl SP ,.J r) h id t. _t9s I l ... coil SON._�_. t_t' a. { _, '' WfsG} li(iVIV• ,t,. ,ll'_ now . ,r. . n,..V:i r I I � f . =! /.... :a .. r- .. LD ilS _ t. _ _0115101'1'.A' R-Am- tri 3 ..t) .,. .3 .,'r.I bohl t{'-,I . , .. ,•, , .,.-.• .�.�. t�.{1'.. ,.i.�-.''i F1'� �J.1;lt'_ i...(1_i ( il' .. ... �l i i • r 1 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: -Bidder's Safety Record and ii xaerlence 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 viol on or offense,the final disposition of the violation or offense,if any,and the penalty assessed. NO YES Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years?List Citations below(date and)ocation of Citation)and provide full details in a separate attachment if yes.The full details must include the typ 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 inLwV or death?List convictions or judgments below and provide full details in a separate attachment if yes. NO YES The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that It meets minimum OSHA construction safety standards and has a lost time Injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? &1es ❑ No 2 Does the Bidder conduct regular construction site safety inspections? m4es ❑ No 3 Does the Bidder have an active construction safety training program? Yes o 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 o Yes ❑ No /A B. Excavationes ❑ No ❑ /A C. Cranes&Hoists o Yes o No NIA D. Electrical o Yes ❑ No N/A Statement of Experience 00 45 16-10 S-E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: 74 ko G E. Fall Protection ❑ Yes ❑ No JA F. Confined Spaces o Yes o No p•N/A G. Material Handling o Yes o No eNIA H. Demolition e'Yes ❑ No o N/A I. Steel Erection ° Yes o No /A J. Underground Construction o Yes o No NjA Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System 5 ("NAICS")Category 23 for each of the past five(5)years?Provide the Bidder's OSHA 300 °Yes p.l4o 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 oo'f`es o 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 moo the issues in a separate attachment if yes. Statement of Experience 00 45 16-11 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 Table 5-Demonstrated Minority,MBE,DBE Participation Organization doing business as a L4,.c 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 4M ��-�- 1��►�- lS�o Tr c aC- Les aCs4.r Statement of Experience 00 45 16-12 S•E•R District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information,Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: iJ 4e2 � (typed or printed) By: 01 (individual's signature) Name: C j'�.�44-1- l (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 00 45 16-13 S•E•A District Pedestrian Improvements(Bond 2012)'re-bid'—Project No.E12134 Rev 10/2018 SC 0 � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement, for the Project awarded on October 29, 2019, is between the City of Corpus Christi (Owner) and Mako Contracting, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: SEA District Pedestrian Improvements (Bond 2012) Re-Bid Prosect No. E12134 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. 5350 South Staples Street, Suite 425 Corpus Christi, TX 78411 UASouthcc@Ija.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Assistant Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Road, Bldg.#5 Corpus Christi, TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223- 1 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in 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$685 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$685 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 Price: Base Bid $ 794,436.22 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 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 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. For TXDOT funded projects,the retainage is 5 percent. At the request of the Contractor, the amount retained may be deposited under a trust agreement with a state or national bank that has its main office or branch office in this state and is selected by the Contractor. Unless otherwise provided, the interest will be paid to the Contractor as part of the Final Payment upon acceptance of the Work. 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. Invoices must comply with Article 17 of the General Conditions. 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. Agreement 005223-3 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 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 Agreement 005223-4 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 6. 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. Agreement 005223-5 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI D,9ne b,s ,aeraeeeoe CHS e Digitally signed by Michael Rodriguez DN en=Reeee� e e e=DMe,De'o sD"s, Michael Rodriguez �l e -C 2 200116 91828-0600h@ede.eseem.Fus Date 2020.01.15 14:48:18-06'00' Da,e 2020.01.1fi09:18:28-Ofi'00' Rebecca Huerta Michael Rogriguez City Secretary Chief of Staff Ord. 031920 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 11-12-2019 D1911a..s9netl 11 Hen,Mcl�ya� RH/AB Digitally 9 Y DN:u,Hen,meyen I It8 signed _' ken„ @,d US Date:2020.01.15 16:38:47-06'00' Date:2020.01.08 13:10:37-0600 Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Mako Contracting, LLC Gabriel Goodman Digitally signed by Gabriel D Goodman (Seal Below) By; Date:2020.01.0708:27:52-06'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 3636 So. Alameda, Suite B153 Financial Officer Address Corpus Christi, TX 78411 City State Zip 361/561-6256 Phone Fax gg@makocontracting.com EMail END OF SECTION Agreement 005223-6 #E12134 SEA District Pedestrian Improvements(Bond 2012) Re-Bid Rev 8/2019 00 6113 PERFORMANCE BOND BOND NO. 1001141227 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 So. Alameda, Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid Award Date of the Contract: November 12, 2019 Contract Price: $794,436.22 Bond Date of Bond: November 20, 2019 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Physical address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Surety is a corporation organized and existing under the laws of the state of: 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): 972-772-7220 Telephone (for notice of claim): 972-772-7220 Local Agent for Surety Name: Rob Kanuth Address: 1814 Holly Rd. Ste. B Corpus Christi, TX 75417 Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond 00 6113 -1 E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid 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 ako Contracting, LLC Signature: /� Surety U.S. Specialty Insurance Company Signature: /Name: ,Ow, - • d 6;04A../ Name: Robert G. Kanuth Title: _ f.....s>lt_ Title: Attorney-in-Fact Email Address: Email Address: rkanuth@kandsins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid 006113-2 7-8-2014 <\1 TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, TX its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Ten Million***** Dollars (***S10,000.000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STa1A0.Ig$SURETX„pMPANY`U;S:S,PE,CIAL Y.lNSU.. RANCE COMPANY SpNo.....dCn...... ,°y , sA .1 • MCC4.011M0 • ur[ ZS, IMO �s�4 r.: Orf OF T�•t.a By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k s000..C.!If Np(ery Pu6!Ic • CUtlaNe ' (<' ! lot Anertrt Couuy `; g �r 1 �i • (seal) N Cc.:mhWnt 2279179 Signature t �'�yCmm.rapfrn AM2], 2022 1, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. In�UlJikriess Wheretf, bri h e�y�to set my ((fftt''VV\\ day of (\, (J({�y1UI J Corporate Seals Bond No. 1601 `0." C .. ORS" °€ W', SLIM m.KCIRPORCIO Agency No. 17042 nd affixed the seals of said Companies at Los Angeles, California this -yy l`fF ...F.+t- r. .. uun"ao• visit tmhcc.com/surety for nY'ore.i r„ ation HCCSMANPOA05/2019 -T [ amol, ¢E'&+ U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(a,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Usted puede llamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 6116 PAYMENT BOND BOND NO. 1001141227 Contractor as Principal Name: Mako Contracting, LLC Mailing address (principal place of business): 3636 So. Alameda, Suite B153 Corpus Christi, TX 78411 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Prosect No. E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid Award Date of the Contract: November 12, 2019 Contract Price: $794,436.22 Bond Date of Bond: November 20, 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: U.S. Specialty Insurance Company Mailing address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Physical address (principal place of business): 13403 Northwest Freeway Houston, TX 77040 Surety is a corporation organized and existing under the laws of the state of: 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): 972-772-7220 Telephone (for notice of claim): 972-772-7220 Local Agent for Surety Name: Rob Kanuth Address: 1814 Holly Rd. Ste. B Corpus Christi, TX 75417 Telephone: 972-772-7220 Email Address: rkanuth@kandsins.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form 00 6116 - 1 E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: cting, LLC Surety U.S. S•ec'• Insuran e Company Signature:��- / Name: cjst� �_ Name: Robert G. Kanuth Title: ��s. Title: Attorney -in -Fact Email Address: Email Address: rkanuth@kandsins.com (Attach Power of Attorney and place surety seal below) '% _,. -.. s L . `. ��'lin titloit END OF SECTION Payment Bond Form E12134 SEA District Pedestrian Improvements (Bond 2012) Re -Bid 006116-2 7-8-2014 t TOKIOMARINE ' HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, TX its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Ten Million***** Dollars (***S10,000,000.00*** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals lo be hereto affixed, this 151 day of June, 2018. State of California County of Los Angeles AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED ST,t1g$,SURE1) O t1 PANY ,U1SUR$PECIAL,W.INSURANCE COMPANY ate: 's�gQ' 1.0%yi w*=r.!^i.o'q°' •4 wCOtlCMtto to SEM MINS °TeoFtE. 5.0. By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ra. sa 6u��e60 A. .'i. Notary NO: • CeltwNe Los Ante�es Coauy Signature � Rlv : ' (seal) 0 2 I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In 1 ss Where f, j� ,a�� ^h' e o set my nd affixed the seals of said Companies at Los Angeles, California this day of �`j ��'U �� CBondorporateNo. Seals J)J I Li 1 ad. Agency No. 17042 Kio Lo, Assi' %' Secretary HCCSMANPOA05f2019 IF3" 13 aeta a.� O K. roo 03 1 1J C sus � x � N o y aA 3 tD 7Z S • 7.2 • • 0 • 61 U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente. IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4. You may also write to the company at: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionna,tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. Usted puede Ilamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 Usted tambien puede escribir a la compania: 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 490-1007 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(aitdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 01/07/2020 K&S Insurance Agency 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 Natasha Felts (972) 772-7256 (972) 771-4695 nfelts@kandsins.com Mako Contracting LLC 3636 Alameda Suite B #153 Corpus Christi TX 78411 The Cincinnati Insurance Co.10677 Evanston Insurance Company 35378 A EPP0305105 01/27/2019 01/27/2020 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A EBA0305105 01/27/2019 01/27/2020 1,000,000 A EPP0305105 01/27/2019 01/27/2020 2,000,000 2,000,000 B Contractor's Pollution CPLMOL101890 12/31/2019 06/30/2020 General Aggregate $1,000,000 Per Occurrence $1,000,000 Project: E12134 SEA District Pedestrian Improvements (Bond 2012) Re-Bid. See Attached for Additional Information. City of Corpus Christi 1201 Leopard St. Corpus Christi TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Mako Contracting LLCK&S Insurance Agency 25 Certificate of Liability Insurance: Notes Additional Insured & Waiver of Subrogation Form #GA233 02/07 Applies to the General Liability Policy. Primary & Non-Contributory Form #GA233 02/07 Applies to the General Liability Policy. Additional Insured & Waiver of Subrogation Form #AA288 01/16 Applies to the Business Auto Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/24/2019 Sunz Insurance Solutions, LLC ID: (Halcyon HR Inc) c/o Halcyon HR Inc 522 Scotland Drive Corpus Christi, TX 78418 262-504-3843 262-886-3947 United Wisconsin Insurance Company 29157 A WC536-00001-019-SZ 10/1/2019 10/1/2020 3 1,000,000 1,000,000 1,000,000 Rick Leonard Mark Denman mdenman@robertsonryan.com Halcyon HR Inc 522 Scotland Drive Corpus Christi TX 78418 53180519 3 Waiver of Subrogation in favor of all persons or organizations as required by written contract executed prior to the date of loss. Project: Sea District Pedestrian Improvements 782 City of Corpus Christi 1201 Leopard St. Corpus Christi TX 78411 Coverage Provided for all covered employees but not subcontractors of: Mako Contracting LLC Effective: 10/1/2018 Blanket waiver of subrogation applies as defined by the attached endorsement. 53180519 | Halcyon HR PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/24/2019 1:32:11 PM (EST) | Page 1 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 06-2014) Texas Waiver of Our Right to Recover From Others Endorsement This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are requ ired by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization ( x ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: All Texas Operations 3.Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by WC 42 03 04 B (Ed. 06-2014) 1 of 1 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Halcyon HR Inc WC536-00001-019-SZ 10/01/2019 United Wisconsin Insurance Company 53180519 53180519 | Halcyon HR PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/24/2019 1:32:11 PM (EST) | Page 2 of 3 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 1-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 Days 2. Notice will be mailed to: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by___________________________________________ WC 42 06 01 (Ed. 1-94) Halcyon HR Inc 10/01/2019 United Wisconsin Insurance Company City of Corpus Christi 1201 Leopard St. Corpus Christi TX 78411 53180519WC536-00001-019-SZ 53180519 | Halcyon HR PEO 536 WOS BLANKET TX420601 | Wendy Larsen | 12/24/2019 1:32:11 PM (EST) | Page 3 of 3 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 1 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement - Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage .................................................................................................2 2.Unintentional Failure to Disclose Hazards.........................................................................................7 3.Damage to Premises Rented to You .................................................................................................8 4.Supplementary Payments ..................................................................................................................9 5.Medical Payments..............................................................................................................................9 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................9 7.180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8.Waiver of Subrogation .....................................................................................................................10 9.Automatic Additional Insured - Specified Relationships:...............................................................10 •Managers or Lessors of Premises; •Lessor of Leased Equipment; •Vendors; •State or Political Subdivisions - Permits Relating to Premises; •State or Political Subdivisions - Permits; and •Contractors' Operations 10.Broadened Contractual Liability -W ork Within 50' of Railroad Property .........................................14 11.Property Damage to Borrowed Equipment ......................................................................................14 12.Employees as Insureds - Specified Health Care Services:...........................................................14 •Nurses; •Emergency Medical Technicians; and •Paramedics 13.Broadened Notice of Occurrence ....................................................................................................14 B.Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit:$1,000,000 Aggregate Limit:$3,000,000 Deductible:$1,000 3.Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4.Supplementary Payments a.Bail bonds:$1,000 b.Loss of earnings:$350 5.Medical Payments Medical Expense Limit:$10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 2 of 15 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11.Property Damage to Borrowed Equipment Each Occurrence Limit:$10,000 Deductible:$250 C.Coverages: 1.Employee Benefit Liability Coverage a.The following is added to SECTION I -COVERAGES:Employee Benefit Liability Coverage. (1)Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable,to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. W e may, at our discretion, investigate any report of an act,error or omission and settle any claim or "suit" that may re- sult. But: 1)The amount we will pay for damages is limited as described in SEC- TION III -LIMITS OF INSURANCE; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b)This insurance applies to damages only if the act,er- ror or omission, is negli- gently committed in the "administration"of your "employee benefit pro- gram"; and 1)Occurs during the pol- icy period; or 2)Occurred prior to the effective date of this endorsement provided: a)You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 3 of 15 i)Reports all, or any part, of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act,er- ror or omis- sion; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury,Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d)Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro- gram". (e)Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f)Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j)Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 4 of 15 ment-related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supplementary Payments SECTION I -COVERAGES, SUPPLEMENTARY PAY- MENTS -COVERAGES A AND B also apply to this Coverage. b.Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II -WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1)If you are designated in the Dec- larations as: (a)An individual,you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds,but only with respect to their du- ties as your officers or direc- tors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program". (b)Any persons, organizations or "employees"having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c)Your legal representative if you die,but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits of Insurance As respects Employee Benefit Liabil- ity Coverage,SECTION III -LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1)The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 5 of 15 (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit pro- gram". (2)The Aggregate Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the "administration"of your "employee benefit pro- gram". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions,regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program". (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The deductible amount stated in the Declarations applies to all damages sus- tained by any one "em- ployee", including such "em- ployee's"dependents and beneficiaries,because of all acts, errors or omissions to which this insurance ap- plies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those dam- ages; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act,error or omission, or claim, apply irrespective of the ap- plication of the deductible amount. (d)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as we have paid. d.Additional Conditions As respects Employee Benefit Li- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as fol- lows: (1)Item 2. Duties in the Event of Occurrence,Offense,Claim or Suit is deleted in its entirety and replaced by the following: 2.Duties in the Event of an Act,Error or Omission, or Claim or Suit a.You must see to it that we are noti- fied as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, no- tice should include: (1)What the act, error or omission was and when it occurred; and (2)The names and addresses of anyone who may suffer dam- ages as a result of the act,error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 6 of 15 b.If a claim is made or "suit" is brought against any insured,you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit"as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices,sum- monses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act,error or omission to which this insur- ance may also apply. d.No insured will,except at that in- sured's own cost,voluntarily make a payment,assume any obligation, or incur any expense without our con- sent. (2)Item 5.Other Insurance is de- leted in its entirety and replaced by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is pri- mary except when c. below applies.If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in b. below. b.Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also.Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c.No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries,with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 7 of 15 in any benefit included in the "employee bene- fit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans"means plan authorized by applica- ble law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; den- tal,vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligi- bility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans,pro- vided that no one other than an "employee" may subscribe to such benefits and such benefits are made gen- erally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transporta- tion and health club subsidies. (2)The following definitions are de- leted in their entirety and re- placed by the following: 21."Suit"means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our con- sent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. 8."Employee"means a per- son actively employed, for- merly employed, on leave of absence or disabled, or re- tired. "Employee"includes a "leased worker". "Em- ployee"does not include a "temporary worker". 2.Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 8 of 15 3.Damage to Premises Rented to You a.The last Subparagraph of Paragraph 2. SECTION I -COVERAGES, COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE,2.LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c.through q.do not apply to damage by fire, explosion, light- ning,smoke or soot to premises while rented to you or temporarily oc- cupied by you with permission of the owner. b.The insurance provided under SEC- TION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects W ater Damage Le- gal Liability,as provided in Paragraph 3.b. above: The exclusions under SECTION I -COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY,2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con- tract; or 2)Loss caused by or re- sulting from any of the following: a)Wear and tear; b)Rust, corrosion, fungus, decay,de- terioration, hidden or latent defect or any quality in property that causes it to dam- age or destroy it- self; c)Smog; d)Mechanical break- down including rupture or bursting caused by cen- trifugal force; e)Settling,cracking, shrinking or ex- pansion; or f)Nesting or infesta- tion, or discharge or release of waste products or secretions, by in- sects, birds,ro- dents or other animals. (b)Loss caused directly or indi- rectly by any of the follow- ing: 1)Earthquake, volcanic eruption, landslide or any other earth move- ment; 2)Water that backs up or overflows from a sewer, drain or sump; 3)Water under the ground surface pressing on,or flowing or seeping through: a)Foundations, walls, floors or paved surfaces; b)Basements, whether paved or not; or c)Doors,windows or other openings. (c)Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or fire protection systems caused by or resulting from freez- ing, unless: 1)You did your best to maintain heat in the building or structure; or 2)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)Loss to or damage to: 1)Plumbing,heating,air conditioning,fire pro- tection systems,or other equipment or ap- pliances; or 2)The interior of any building or structure, or to personal property in the building or structure caused by or resulting from rain, snow, sleet or ice,whether driven by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 9 of 15 c.Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2)Paragraph 6.of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence"to which this insurance applies. (3)The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3.Dam- age to Premises Rented to You of this endorsement. 4.Supplementary Payments Under SECTION I -COVERAGE,SUP- PLEMENTARY PAYMENTS -COVER- AGES A AND B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B.Limits of Insurance, 4.b.Loss of Earnings of this en- dorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6.Voluntary Property Damage and Care, Custody or Control Liability Coverage a.Voluntary Property Damage Cov- erage We will pay for "property damage"to property of others arising out of op- erations incidental to the insured's business when: (1)Damage is caused by the in- sured;or (2)Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b.Care, Custody or Control Liability Coverage SECTION I -COVERAGES,COV- ERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j. Damage to Prop- erty, Subparagraphs (3), (4)and (5) do not apply to "property damage"to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a.The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B.Limits of Insurance, 6.Voluntary Property Damage and Care,Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits of Insur- ance, 6.Voluntary Property Dam- age and Care,Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations making claims or bringing "suits". b.Deductible Clause (1)Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 10 of 15 cess of the deductible amount stated in Section B.Limits of Insurance, 6.Voluntary Prop- erty Damage and Care,Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2)Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly re- imburse us for such part of the deductible amount as has been paid by us. 7.180 Day Coverage for Newly Formed or Acquired Organizations SECTION II -WHO IS AN INSURED is amended as follows: Subparagraph a.of Paragraph 4.is hereby deleted and replaced by the fol- lowing: a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8.Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongo- ing operations or "your work" done under a written contract requiring such waiver with that person or organization and in- cluded in the "products-completed opera- tions hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring "suit"or transfer those rights to us and help us en- force those rights. 9.Automatic Additional Insured -Speci- fied Relationships a.The following is hereby added to SECTION II -WHO IS AN INSURED: (1)Any person or organization de- scribed in Paragraph 9.a.(2)be- low (hereinafter referred to as additional insured)whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a)A written contract or agree- ment; or (b)An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a)The written or oral contract or agreement is: 1)Currently in effect or becomes effective dur- ing the policy period; and 2)Executed prior to an "occurrence" or offense to which this insurance would apply; and (b)They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional insureds is limited as provided herein: (a)The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1)above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: 1)Any "occurrence" which takes place after you cease to be a tenant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 11 of 15 half of such additional insured. (b)Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c)Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance, but only with re- spect to "bodily injury"or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1)The insurance afforded the vendor does not apply to: a)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b)Any express war- ranty unauthorized by you; c)Any physical or chemical change in the product made intentionally by the vendor; d)Repackaging, unless unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; e)Any failure to make such inspec- tions, adjustments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; f)Demonstration,in- stallation, servic- ing or repair op- erations, except such operations performed at the vendor's premises in connection with the sale of the product; g)Products which, after distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor. 2)This insurance does not apply to any in- sured person or organi- zation: a)From whom you have acquired such products, or any ingredient, part or container, entering into, ac- companying or containing such products; or b)When liability in- cluded within the "products- completed opera- tions hazard" has Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 12 of 15 been excluded under this Cover- age Part with re- spect to such products. (d)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte- nance,repair, construc- tion, erection, or re- moval of advertising signs, awnings, cano- pies,cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2)The construction, erec- tion, or removal of ele- vators; or 3)The ownership, main- tenance, or use of any elevators covered by this insurance. (e)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing provisions: 1)This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2)This insurance does not apply to "bodily in- jury", "property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f)Any person or organization with which you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability arising out of "your work" performed for that additional insured by you or on your behalf.A person or organi- zation's status as an insured under this provision of this endorsement continues for only the period of time re- quired by the written con- tract or agreement, but in no event beyond the expiration date of this Coverage Part. If there is no written contract or agreement,or if no pe- riod of time is required by the written contract or agreement, a person or or- ganization's status as an in- sured under this endorse- ment ends when your op- erations for that insured are completed. (3)Any insurance provided to an additional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e)and (f) does not apply to "bodily in- jury" or "property damage" included within the "prod- ucts-completed operations hazard"; (b)Subparagraphs (a), (b), (d), (e)and (f)does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the ad- ditional insured or their agents, "employees" or any other representative of the additional insured; or (c)Subparagraph (f)does not apply to "bodily injury", "property damage"or "per- sonal and advertising injury" arising out of: 1)Defects in design fur- nished by or on behalf of the additional in- sured; or 2)The rendering of,or failure to render,any professional architec- tural, engineering or surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 13 of 15 a)The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or- ders,change or- ders or drawings and specifications; and b)Supervisory,in- spection, architec- tural or engineer- ing activities. 3)"Your work" for which a consolidated (wrap-up) insurance program has been provided by the primecontractor-project manager or owner of the construction project in which you are in- volved. b.Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2)Sub- paragraph (f)above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part,whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part.The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c.SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1)Condition 5. Other Insurance is amended to include: (a)Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and /or noncon- tributing, whichever applies, with this insurance. (b)Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1)As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS,5. Other Insurance,b. Excess Insurance; or 2)For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorsement shall also be excess. (2)Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11.Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a.Be provided by the In- surance Services Office additional insured form number CG 20 10 or CG 20 37 (where edi- tion specified); or b.Include coverage for completed operations; or c.Include coverage for "your work"; and where the limits or cov- erage provided to the addi- tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above,or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 14 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever,the written contract or agreement specifies the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a)and 9.a.(3)(b)of this endorsement shall not apply and Paragraph 9.b.of this endorsement shall ap- ply. 10.Broadened Contractual Liability -Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1)of Definition 12."Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11.Property Damage to Borrowed Equip- ment a.The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE A.BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B.Limits of Insurance, 11.of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced.The Limits of Insurance shown in Section B.Limits of Insurance, 11.of this endorsement fix the most we will pay in any one "oc- currence"regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bring "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B.Limits of Insur- ance, 11.of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b)Condition 2. Duties in the Event of Occurrence,Of- fense,Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12.Employees as Insureds -Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d)of SECTION II -WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13.Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit (SECTION IV -COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1)How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 15 of 15 (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Lo ss Condition s, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury"or "property damage"arising out of the operation of a covered "auto"when you have assumed liability for such "bodily injury"or "property damage"under an "insured contract", provid- ed the "bodily injury"or "property damage"oc- curs subsequent to the execution or the "in- sured contract". B.Noncontributory Insurance SECTION IV -BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c.is replaced by the following: c.Regardless of the provisions of Par- agraph a.above,this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract"that requires liability to be assumed on a primary noncontributo- ry basis. C.Additional Insured by Contract SECTION II -LIABILITY COVERAGE,A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1.Executed prior to the accident causing "bodily injury"or "property damage"; and 2.Is still in force at the time of the "accident" causing "bodily injury"or "property dam- age". D.Employee Hired Auto 1.Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A.Coverage, 1. Who is an Insured: An "employee"of yours is an "insured" while operating an "auto"hired or rented under a contract or agreement in that "employee's"name, with your permission, while performing duties related to the conduct of your business. 2.Changes in General Conditions SECTION IV -BUSINESS AUTO CON- DITIONS, B. General Co nditions, 5. Other Insurance is amended b y repla c- ing Paragraph 5.b.with the following: b.For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos"you own: (1)Any covered "auto"you l ease, hire, rent or borrow; and (2)Any covered "auto"hired or rented by your "employee"under a contract in that individual "em- ployee's"name, with your per- mission,while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 2 of 4 However, any "auto"that is leased, hired,rented or borrowed with a driver is not a covered "auto". E.Audio, Visual and Data Electron ic Equip- ment SECTION III -PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4.The most we will pay for all "loss"to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent"is the lesser of: a.The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b.The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c.$2,500. Provided the equipment, at the time of the "loss"is: a.Permanently installed in or upon the covered "auto"in a housing, opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; b.Removable from a permanently in- stalled housing unit as described in Paragraph 2.a.above; or c.An integral part of such equipment. F.Who is an Insured -Amended SECTION II -LIABILITY COVERAGE,A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1.Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured"under any other au- tomobile liability policy, or would be an "insured"under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2.Any organization that is newly acquired or formed by you and over which you main- tain majority ownership.The insurance provided by this provision: a.Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b.Does not apply to "bodily injury"or "property damage"resulting from an "accident"that occurred before you acquired or formed the organization; c.Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d.Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3.Any of your "employees"while using a covered "auto "in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G.Liability Coverage Extensions -Supple- mentary Payments -Higher Limits SECTION II -LIABILITY COVERAGE,A. Coverage, 2. Coverage Extensions,a. Sup- plementary Payments is amended by: 1.Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2.Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H.Amended Fellow Employee Exclusion SECTION II -LIABILITY COVERAGE,B. Ex- clusions,5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I.Hired Auto -Physical Damage If hired "autos"are covered "autos"for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III -PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos"you hire, subject to the fol- lowing: 1.The m ost we will pay for "loss "to any hired "auto"is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3.Hired Auto -Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 3 of 4 4.Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto"you own i n- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident"for which you are legally liable and as a result of which a m onetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident"is $3,000. If a limit for Hired Auto -Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J.Rental Reimbursement SECTION III -PHYSICAL DAMAGE is amended by adding the following: 1.We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto"because of a "loss "to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2.We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss"and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a.The number of days reasonably re- quired to repair the covered "auto". If "loss"is caused by theft,this number of days is added to the number of days it takes to locate the covered "auto"and return it to you; or b.30 days. 3.Our payment is limited to the lesser of the following amounts: a.Necessary and actual expenses in- curred; or b.$50 per day. 4.This coverage does not apply while there are spare or reserve "autos"available to you for your operations. 5.We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III -PHYSICAL DAM- AGE CO VERAGE,A. Coverage, 4. Coverage Extensions. K.Transportation Expense -Higher Limits SECTION III -PHYSICAL DAMAGE COV- ERAGE, A.Co verage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per da y, and $600 maximum with $1,500 maxim um in Extension a. Transpor- tation Expenses. L.Airbag Coverage SECTION III -PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a.is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M.Loan or Lease Gap Coverage 1.SECTION III -PHYSICAL DAMAGE COVERAGE, C.Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos"with an original loan or lease, and only in the event of a "total loss "to such a private passenger type "auto": a.The most we will pay for "loss"in any one "accident"is the greater of: (1)The amount due under the terms of the lease or loan to which your covered private passenger type "auto"is subject, but will not include: (a)Overdue lease or loan pay- ments; (b)Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c)Security deposits not re- funded by the lessor; (d)Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e)Carry-over balances from previous loans or leases, or (2)Actual cash value of the stolen or damaged property. b.An adjustment for depreciation and physical condition will be made in d e- termining actual cash value at the time of "loss ". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission.Page 4 of 4 2.SECTION V -DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss"means a "loss"in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N.Glass Repair -Waiver of Deductible SECTION III -PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O.Duties in the Event o f an Accident, Claim, Suit or Loss -Amend ed SECTION IV -BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a.is amended by adding the following: This condition applies only when the "acci- dent"or "loss"is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.An executive officer or insurance manag- er, if you are a corporation; or 4.A member or manager,if you are a lim- ited liability company. P.Unintentional Failure to Disclose Hazards SECTION IV -BUSINESS AUTO CONDI- TIONS, B.General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q.Mental Anguish Resulting from Bod ily Inju- ry SECTION V -DEFINITIONS, C. "Bodily inju- ry"is deleted in its entirety and replaced by the following: "Bodily injury"means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury"does not include mental anguish or death that does not result from bodily injury, sickness or disease. R.Coverage for Certain Op erations in Con- nection with Railroads With respect to the use of a covered "auto"in operations for or affecting a railroad: 1.Section V -Definition s, H."Insured con- tract", 1.c.is amended to read: c.An easement or license agreement; 2.Section V -Definition s, H. "Insured con- tract",2.a.is deleted. IA 4087 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE SCHEDULE Name and mailing address of person(s)or organization(s): Number of days notice (other than nonpayment of premium): A.If we cancel or nonrenew this policy for anystatutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.W e will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B.If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule.W e will mail such notice at least 10 days before the effective date of cancellation. C.If notice is mailed,proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D.In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. 1. FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE. 30 NOTICE OF AWARD CONTRACTS AND Contractor: Mako Contracting. LLC PROCUREMENT Project: E12134 SEA District Pedestrian Improvements (Bond 2012) Re-Bid DEPARTMENT This notice serves as confirmation of award of the referenced Project, to your firm, by the Corpus PO Box 9277 Christi City Council on Tuesday, November 12, 2019 in the amount of$794,436.22. Contractor is Corpus Christi instructed to execute all necessary forms and submit all required documentation as outlined in the Texas, 78469-9277 contract document. Phone. The executed agreement and all required insurance and bond submittals are due back to this 361.826.3160 office within 10 calendar days of receipt. A Pre-Construction Meeting will be scheduled within two weeks of returning required contract submittals, pending final execution of the contract. The following document submittals are required to execute the contract: Form 1295 — The State of Texas requires contractor to complete, sign and submit a copy of the Texas Ethics Commission Form 1295, Certificate of Interested Parties. The state website is: www.ethics.state.tx.us Agreement—A completed and filled out agreement form has been provided for your digital signature. The agreement form shall be digitally signed by an authorized officer of the company. Submit signature authority documentation. Performance and Payment Bond—Competed and filled out bond forms have been provided for your physical signature. The bonds cannot be digitally signed. Submit one set of executed hard copy originals. Insurance—Refer to the contract documents, Section 00 73 00,Article 6, for insurance requirements and submit proof of coverage. Submittals will include a Certificate of Insurance referencing the project name and number and all applicable endorsements to the policies. Please contact Sylvia Arriaga, Construction Contracts Administrator, if you have any questions regarding this information. e_ _FDAC'4' l l I Kim Baker, Director of Contracts and Procurement Date RETURN DOCUMENTS TO: Sylvia Arriaga—Construction Contracts Administrator City of Corpus Christi —Contracts and Procurement 1201 Leopard St. - City Hall, First Floor Corpus Christi, TX 78469-9277