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HomeMy WebLinkAboutC2014-297 - 8/26/2014 - Approved 2014-297 8/26/14 Ord. 030264 Salinas Construction Technologies I I 00 0100 TABLE OF CONTENTS Division/ Title 3 Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to BiddersI/ 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest I 00 30 06 Non-Collusion Certification 00 4516 Statement of Experience 00 52 23 Agreement 00 6113 Performance Bond 00 6116 Payment Bond Il 00 72 00 General Conditions 00 72 01 Insurance Requirements I 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Funding Agency I Division 01 General Requirements 01 11 00 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 01 31 13 Project Coordination I ADDENDUM NO.1 ATTACHMENT NO. 1 Table of Contents PG 1 OF 5 00 0100-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 I L L Division/ Title Section 0131 14 Change Management 0133 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation iii 0135 00 Special Procedures 0140 00 Quality Management L 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements L I Part S Standard Specifications 021020 Site Clearing&Stripping S5 ta 021040 Site Grading 022022 Trench Safety for Excavations 022040 Street Excavation S10 022420 Silt Fence S97 025404 Asphalts,Oils,&Emulsions S29 L025414* Aggregate for Surface Treatment&Seals S35 025416* Seal Coat S31 E L L I ADDENDUM NO. 1 Table of Contents ATTACHMENT NO.1 00 0100-2 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 PG 2 OF 5 11-25-2013 L I I Division/ Title Section 025424 Hot Mix Asphalt Concrete Pavement(Class A) S34 025608 Inlets 563 025610 Concrete Curb&Gutter SS2 025612 Concrete Sidewalks&Driveways S53 025614 Concrete Curb Ramps 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Painted or Thermoplastic) S45 026202 Hydrostatic Testing of Pressure Systems S89 026210 PVC Pipe for Waterlines&San FM's AWWA C900/C905 026402 Waterlines S88 026404 Water Service Lines 587 026409 Tapping Sleeves&Valves S84 I 026411 Gate Valves for Waterlines S85 026416 Fire Hydrants S86 026602 Sanitary Sewer Force Main S69 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures 027402 Reinforced Concrete Pipe Culverts S60 027404 Concrete Box Culverts S66 027604 Disposal of Waste From Sanitary Sewer Cleaning 027610 Televised Inspection of Conduits S-125 027614 Cured in Place Pipe(CIPP)for Rehab.Of Sewers 028040 Sodding S8 028200 Mail Box Relocation 032020 Reinforcing Steel S42(Includes Diagram) 037040 Epoxy Compounds S44 038000 Concrete Structures S41 055420 Frames,Grates, Rings,&Covers S57 1 1 1 ADDENDUM NO. 1 Table of Contents ATTACHMENT NO. 1 00 0100-3 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 PG 3 OF 5 11-25-2013 1 I I Division/ Title .+ Section Part T Technical Specifications 021080-T Removing Old Structures S55 022020-T Excavation &Backfill for Utilities&Sewers S9 L 022100-T Select Material S15 022410-T Stormwater Pollution Prevention 025205-T Pvmt. Repair,Curb,Gutter,Sdwk.Dwy. Replacement 025210-T Lime Stabilization S28 I025216-T Recycled Asphalt and Base Material Cement Treated 025412-1 Prime Coat S30 L025805-T Abbreviated Pavement Markings 5101 025814-T Prefabricated Pavement Marking(TxDOT 668) 025816-T Raised Pavement Markers&Traffic Buttons 025818-T Pavement Markers(Ref lectorized)(TxDOT D-9-4200) 025820-T Traffic Butons(TxDOT D-9-4300) 1 025828-T Bituminous Adhesive for Pvmt. Marker(TxDOT D-9-6130) 026206-T Ductile Iron Pipe&Fitting S81 027202-1 Manholes 562 027205-T Glass-Fiber Reinforced Polyester(FRP)Manholes 027206-T Glass-Fiber Reinforced Polyester(FRP)Rehabilitation Manholes rr 027602-T Gravity Sanitary Sewers S61 027610-1 Televised Inspection of Conduits L028300-T Fence Relocation S12 030020-T Portland Cement Concrete S40 0930004 Geegfid- deleted per Addendum No. 1 093100-T Composite Surface Lu I I ADDENDUM NO.1 Table of Contents ATTACHMENT NO.1 00 0100-4 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 PG 4 OF 5 11-25-2013 L I I Division/ I Section Title Regulatory Screening Subsurface Utility Exploration Culvert Inspection Report Geotechnical Study I I I I 1 I I I I I END OF SECTION I I ADDENDUM NO. 1 Table of Contents ATTACHMENT NO. 1 00 0100-5 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 PG 5 OF 5 11-25-2013 I 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner)is requesting Bids for the construction of the following Project: Home Road.from Avers St.to Port Avenue(Bond 2012) This Project consists of the complete reconstruction of the existing 4-lane roadway with center-turn lane consisting of the following:The rehabilitation of Home Road from Avers St.to Port Avenue including the rehabilitating approximately 1000'of the existing roadbed consisting of subgrade preparation.GeoGrid placement.cement treatment of existing asphalt and base and the placement of 5.5"HMACP. Existing curb and gutter.driveways and sidewalk will be replaced with new concrete curb and gutter,concrete driveways and concrete sidewalk. All existing utilities will be removed and replaced with new waterlines.gas lines and wastewater lines. In addition.the existing drainage box culvert will be rehabilitated. New RTA bus Dads and shelters will also be part of the project. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$1,783,584.50 The Project is to be substantially complete and ready for operation within 180 calendar days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com r2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. I L ADDENDUM NO. 1 ATTACHMEN NO.2 Invitation to Bid PG 1 OF 3 00 11 16-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 L I I ARTICLE 3—PRE-BID CONFERENCE I 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday June 1 2014 10:30 A.M. at the following location: Capital Programs Main Conference Room.3'd Floor.City Hall 1201 Leopard Street Corpus Christi,Texas 78401 1 DELETE Der addendum No.1 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. 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 noon seven(7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. 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. I ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation I Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. 5.04 Disadvantaged Business Enterprise participation for this Project has been established to be 0% of the Contract Price. ARTICLE 6—BID SECURITY f 6.01 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 7 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 of the greatest amount bid. 6.02 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 may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 111 ADDENDUM NO. 1 ATTACHMEN NO.2 Invitation to Bid PG 2 OF 3 00 11 16-2 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 I L 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 P.M.on. Wednesday June 11.2014.to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-HORNE ROAD-AYERS ST.TO PORT AVENUE(Bond 2012), Project No.E12100. ARTICLE 8-AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. 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,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance,including Workers'Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION I C I ADDENDUM NO. 7 ATTACHMEN NO.2 Invitation to Bid PG 3 OF 3 00 11 16-3 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 1 L L 1 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS I1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the.following amounts unless'greater amountsi are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Cornmercial General Liability including L • 1, Commercial Form 2. Premises-Operations L3. Explosions and Collapse Hazard • 4. Underground Hazard 000,000 Per Occurrence S. Products/Completed Operations Hazard $1, - $2,000,000 Aggregate L Contractual Liability . 6. 7. Broad Form Property Damage B. independent Contractors 9, Personal 8A.Advertising Injury . - [ Business Automobile Liability-Owned, . . . . $1,000,000 Combined Single Limit Non-Owned,Rented and Leased Workers'Compensation Statutory ir Employer's liability $500,000/500,000/500,000 — - • L ,Excess Liability/Umbrella Liability tl 000,000 Per Occurrence ... 1ProlOttorfa' !Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage L Not litnitedlO sudden and accidental 0 Required M Not-Required ,di6hatile. To include long-term environmental impactforthe disposal of L pollutants/contaminants. • Builder's Risk(All Perils Including Collapse) Equal to Contract Price 0 Required ca Not Required E installation Floater Equal to Contract Price E 0 Required 5 Not Required Owner's Protective Liability Equal to Contractor's liability insurance 0 Required l Not Required 1.02 GENERAL PROVISIONS I • A; Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditibns and this Section. • insurance Requirements oo 72 01-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2.011),Project E12100 11-25-2013 L L 3 B Provide endorsements to the Policies as outlinedin this Section, C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for therequired!knits and Ootterages. Provide insurance from companies that have an AM.ElesIlatingef A-VW orbeiter, D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any Mined insured or additional insured.,Contractor may blocktut(redact)any conlidential„premium or pricing InfOrmation contained in any policy or endorsernentfurnished under this Contract. E. The-haste and rioMber of the Project muStbe refetenCedOmtheCertiffeate of inStirarice„ F. OP-fist:allure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance requited by the tontract,DociirdentS. G. Notify the Owner if the Contractor fails to purchase or maintaimthejnSurance required by the Contract Documents. Contractor shall not be allowed to perforraany Work on the Project Until the required insure nCe'policies are in effect A.CE)-t*Ot6.,tof Liability insurance shall be submitted to the OPT. FL Owner may exdude the Contractor from the Site and exercise•4:A0nel-1stermination,rights under AitiOe 16 of the General Conditions if contractor fails to Obtain:or Maintain the reOlAlred insurance., Ownertioes not representlhat the-insurance coverage and limitsestabOshed in this .Cdritratt are adeqUate toprotectOontratt&orOdntra4nes raciest's. The rednired insurance and insurance limittclO'not Unlit the Contractor's liability under the indemnities granted to Owner's indernnitees in the contract Oocurnents, K. Providefor an endorsement that the"other instirance cfauseshatinOt apply to the OPT where:the-OPT is an additional insoted:shownott thepolielk Contractor's insurance is primary and non-contributory:With respect to insurance or Self4rIslrance carried by the OPT for liabitityarising out of Operations underthis contract, Include the Owner and!1St the,other members of the OPT anden'yother individuals or entitles identified hi the-Supplementary Oonditions as additiOnalinsureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy-. 1.03 CONTRACTOR'S INSURANCE A. Purchase:and Maintain workers'compensation and employer's liability insurance for: 1. ClaimS under workers'.cotnpensation;disability benefit:vend other:similar eMplOyee benefit acts: Obtain*Orkers'compensation-coverage through a licensed insurance company in accordance with Texas law-and written on policy and endorsements approved by Texas Department of Insurance Provide insurance in amounts to meet ail workers'compensation obligations, Provide an"All Other States" endorsement if Contractor Is not domiciled in Texas and polity Isnot written.in accordance Texas Department of Insurance rules, insurance kequitemertt$ 00 72 01- 111 Hopis ROAD—Ayers St to Port Ave.(BOND 2012),Project E12100 11-25-2013 Li Z. Claims for damages because of bodily injury,occupational sickness or disease,or death of Ccintractor's einploYees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign vollintary worker compensation(if applicable). 13. Purchate andrneintain commercial general liability insurance covering all operations by or on behalf of ContraCtor. Provide coverage on an 0,CcUrretIC!basis,against: 1. Claims for damages.because of bodily injury,sickness or disease,or death of any person other than.Contractor's employees; 2 Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person aSa result of an offense directly or indirectly related to the employment Of sach person by Contractor; 4. By any other Person for any other reason;and 5. Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property wherever located,including any resulting lots of use. C Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form(occurrericeforrn)and include thef011owing coveragesend endorsements: 1. Products aid completed operations coverage ast4ufred.th thissection. insurance IS to remain in effective for 3 years after final payment .Furnish evidence of the continuation of this.iriturance at final payment and again each yearfor 3 years after final payment to OWner and each named,insured or additional insured Eliminate the exdusion with respect to property under the care,custody,and control of COntractor. Provide and maintain Installation Floater insurance for prOpetty under the care,custody,or control of Contractor in lieu of elimination of the exclusion;or if required by this Section Provide Installation Floater insurance that Ise broad form or'Ali Peril"policy providing coverage for all materials, supplies,machinery,fixtures,and equipment which will be incorporated into the Work. n Provide coverage under the Contractor's installation Floater that includes: a) Faulty or Defective workmanship,mate:Halt Maintenance,or construction; b) Cost to remove Defective or damaged Work from the-Site or to-protect it froth lOss or damage; c) 6stto cloanup and remove pollutants; d). Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the.Site; Insair-40ce Requirements 00 72 01.-3 171011111E ROAD—Ayers St.to Port Ave.(BOND 2012),Project.E12100, 1145-2013 I 3 g) Any loss While in storage,both:on.and.offthe-site,and h) Any loss to temporary Project Works if their value is Included in the CoiitractPrice; 3 2) Coverage cannot be contingent on ao external:cause IA;tisk or liteitect to property:for whichthe Contractor Is legally liable4 Provide limits Of insurance adequateto-cover-the value of the installation; Pay any=deductible.carried under this coverage:and assume responsibility-for claimson:materials, 3 supplies,,machinery,fixture,and-equipment which will he incorporated into: the Work while in transit:ar in storage, 2, Blanket;cOntractual liability coveragefor Contractor's contractuai indemnity 111 obligations rte Paragraph 744 General Conditions,-ao all,other indemnity obiigatians:o.f Contractor int he Contract Docurne tts 1 3. Bi'©ad form property damage coverage. 4. Seve ab lity of interest, S. Underground explosion-and collapse;coveerage.- Persoriai:injury coverage.. 7. Endorsement CO 2032;;"Additional Insured Engineers,Architects orSurveyots Nbt I Engaged by the Named,insurer`Oritsoguiyalent: ar Purchase and:maintain automobile liability insurance against clalms.for:damages because of bodily injury or death efeny person or ProllertYklarri4e arising oUt.oftfrebuiinershipi, maintenance or use of an ":rnator`vohicies. !_ Purchase and maintain,umbrella or excess liabilityinsutance writ n over-the underlying employee's liability,c immercial'general liability,andautomobiie liability insurance3 described-in the paragraphs above.,'Proyide coverage-that Is at least at broad asali underlying policies. Providea policy that oral/Wet firms dollar ilal ility coverage as-needed. F Provide Contractor's Commercial general liability and automobileiiabilitjr policies-that: 1. AreWritten tin an occurrence bat's; 2. include the individuals::or entities identified iii:the Supplementary Conditions as3 additional insureds; 3. include coverage for the respective officers,directors members,partners,employees, agents,consultants,and subcontractors for each named insured or additional insured; 3 4. Provide primary>coverage.for'a'.il claims covered by the.policies;including those_arising from both ongoing and completed operation's.. 3 G, Purchase and maintain.h trance.cc vera'gefor third part injury and property claniage claims,including clean-up costs that result from Hazardous.Environmental Conditions which result from Contractor's operations and completed:operations, Provide Contractors pollution liability insurance that includes long tei;ri'i'environmental impacts for the disposal of pollutants/contaminants_and is riot limited to sudden and ac dental discharge„ The completed operations'coverage is to remain in effeet for 3 years after final payment. The policy Must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds; insurance Requirements: 00.72 01-4 HORNE ROAD—Ayers St:to Port Atte.'(BOND 2012) Project E12100'.'. 13-2S-2013 1 • LI H. Purchase and maintain applicable professional liability insurance,.or have SubcontractOrs and SuppIies de so,if Contractor orany Subcontractor or Supplier will provide or furnish professional services under this COntract. I. The policies of insurance required by this Section inuSt: 1. Include at least the speCifiC coverages.and he written tor not lesS than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2, contain a.provision that Overage afforded will net be canceled or materially changed until at least 39 days prior written notice has been given to Contractor,Owner,a nd.all named insureds and additional insureds. 3. Remain in effect at all times when Contractor isperforming Work.or IS at the Site to conduct tasks arising from the Contract Documents, 4. Be appropriate for the Woric being performed and provide protection from claims resulting from the Contract-0'S performance,of the Work nd Contractor's other under the Contract Documentsi whether performed by Contractor, Subcontractor,Supplier,anyone directly or indirectly employed or retained by any of them,o by anyone fee.Whoseacts they may be,liable. J. The coverage requireinents for:specific policies of insurance Trost he,met directly by those policies and may not by rely on excess or umbrella Insurance in other policies to meet:the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase an maintain an 0.1,vner'S'Protective Liability insurance policy with the.0wher as the named Insured and other meMbers of theOPT as additional insareds. Provide a policy that will protect the OPT from claims which arise fromoperationsunder the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the tattle company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. PurchaSeand maintain builder's riskinSlitance in the ainount.Of the full replacernent dist of the Project This policy is subject to the deductible amounts requirements in this Section Or those required-by Laws and Regulations and must comply Wittithe requirements'of Paragraph 1.06. TN'S insurance shall: 1. Include the OPT,Contractor;and all Subcontractors,and any other individuals or entlties Identified in the SuppleMentary Condition%as named Insureds. Be written on a builder's risk"all risk"policy form that includes,insurance for physical kiss Or damage to the Work,temporary buildings,faisevicnit,and materials and equipment in transit/and insures against at least the following or causesof loss: fire;lightning;windstorm,riot;civil commotion;terrorism;vehicle impact;aircraft; smoke,theft;vandalism and malicious mischief,Mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake,volcanic activity,and other earth movement;flood;collapse;explosion;debris removal;demolition ,ntrapcp Requirements 00 72 01 s HORNER9A0 Ayers St.to Port Ave,(130N6 2012),Project p.2300 11-25,2013 I occasioned by eilforcemrient:of'l.aWs and Regulations,.water darriage(Other than that I 4040 by flogd)-,and eb ether perillor causes of losSasIney be specificallyrequired by this•$ectlon if insurance;against mec Tani al breakdown,;boiler'explosion,and artificially generated.electric current eartfiquake,volcanic:activity,and Other earth 3 movement, re.not commerc allyavailable under builder's risk)by endorsement or otherwise,thislistirende.may be provided through"other insurance poiicier a€cepial ie to t whereri Contral:tor. 3; Cover expenses incurred in therepair or replacement of any°insured property, 4. (over materials and equipment in transit'or stored'prior to beingiricorporated in the Work. I 5. Coyer Owner-furnished or assigned-property: 6. Allow for partial utilization of the Work,by Owner. 7. Allow for the waiver of the Insurer's subrogation rights as set forth below`. 8, Provide primary cove.ragefor all losses and damages caused by the perils or causes of loss covered. 9. Not include a.co-insurance clause: 0. Include a broad exception for ensuing losses frc r physical.dainage`.or iosswith respect I to env Defectiire workmanship, esigiZ or.rriatei;ia.sexclusionss 11liic'jUd.e.testing and;startup. 12: 13ernaintained ineffect the.Worlkasa whole as;complete,.unless otherwise -*No"to in writing by:Owrter:and C"ohttector.. a, Evidence of insOratiO provided must contalri a:provision or enctorsenent that the coverage3 affOrdett.will not be canceled nr rnat+erially'changed or renewal_ eftrsed until at least 30! days prior written notice has been glued to=Owner and ContraCtor and each named insured. C., Paay for costs notcove re "by the policy fief Y.. _ . .e, d,. Y h p .��d.ed . ib:le D, Notif.builder's risk insurance provider.ifOwnerwill occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided an Paragraph 15..04 of the General Conditions. Maintain the burr's risk insurance in effect during this Partial Occupancy or Use.. E. Contractor may.purchase:other special insurance to be.included:in orto:supplementthe builder's risk or property insurance policies provided under this ection, €; Contractor,Subntractors,,or employees oftheContractor ora Subcontractor owning: 3 property items,such'as tools,construction`equipment,Or other personal property not expressly coverect in the insurance`required by the contract Documents are responsible for' providing their own insurance, .06 ` v..AiVE,R OF RIG HTS A. insur'a,nce small include a waiver of"subrogation in favor of'the additional:;insureds identified: inaSEC`ION 00 '300 5UPPI MENTARY CONDITIONS Insurance Requirements MOO,'01. 6 FiORNE ROAD—Ayers St to PortAvee;(BOND 2014 Project E12100 0-0;$40.1.3 1 Li B. AU policies purchased in accordance with this Section are to contain provisions to the effect. thatthe insurers have no rights ofrecovery against OPT,named insureds or additional insureds in the event of a payment for loss or damage, Contractor and insurers waive ail rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance None of these waivers extend to the rights Contractor has to the IS ' proceeds of Insurance:es trustee. C. Contractor is responsible for assuring that agreements with.Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named Insureds and additional insureds,and the officers,directors,members,partners, employees,agents,consultants,and subcontractors of each and any ofthem,for all losses and damages created.by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1,67 OWNEIrS INSURANCE FOR THEPROJECT A. OWner isnot iV,Spontible for purchasingand maintaining any insurance to protect the interest of the Contractor;Subcontractors,or others in the Work The stated limits of insurance required are minfinUni•Only. Determine the limits that are adequate.. These E limits May be basic policy limits or any combination of basic limits and umbrella litnits. In any event,Contractor is fully responsible for all tosses arising out of,resulting from,or connected with operations under this Contract Whether or notthese losses are coveted by insurance. The acceptance of evidence of insurance by the OPT,named insureds,or additional insureds does not release the Contractor from Compliance with the insurance requirements of the Contract Documents. ARTICLE2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provid,e eVidence of Insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorseMents to policies-,and 3. Poli ' limitsanci deductibles. B. PrOvide a list of"Additional Insureds'for each policy: C. Provide evidence that waivers of-subrogation are providedon all applicable policies. Provide evidenceofrequirements for 30 days'notice before cancellation or any material change.in the policy's terms and conditions,limits of coverage,or change in dediAttible amount. 2,02 CERTIKCATES OF•INSURANCE A. SubMit CertiftateS of Insurance meeting the following requirements: 1. Form has been filedwith and approved by the Texas Department of Insurance under Texas Insurance COde.. 18it101;or insurance Requirements, 00 72 01-7 HORNEROAD—Ayers St.to Port Ave.(BOND 201.2),Project E123.00 11-25-2013 i I 2. Perm it.a stands; f.forthdeemed by the Pep rtanent Under Tens.insurance Code 0811.101. 3. No 3 requirements of this-Contract may be interpreted as requiring the issuance of a certificate c f insurance on apetrWeate of insurance form that had not first been filed with and approved.by the Texas Department of insurance. B;. include'the name Of Project in the description of operatiOns bo on the certificate of insurance. 2.03 INSURANCE POLICIES. A. Provide a cO0y of insiirance politie"s;cieelafatxon pages,anc4 endocsernents;:and documentation of appflcabie seif-insured retentions anddeductibles if requested by the p Amer., B. Owner may'require-the"deletion,revision,or rnadiification of particular policy term, conditions;.limitations,of exclusion f e itept there poliicy provisions-are established by Laws or Regulations bindiing,upon either of the parties hereto or the underwriterti_fy 3 such policies) Comply with these requests and submit a copyof the replacement certificate of'Insur"ance to owner at;the address provided below within 10 days of the: requested change. 2.04 CONTINUING EVIDENCE aftoVFR440 A. Provide updated,revised,Or new evidence of insurance in accordance this"Seection prior to the expitation of existing policies. B. Provide evidence of continuation ofinsurance coverage at final payment and forthe following 3 year's. 3 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance-are"to be sent to the owner at thefollowing address: City of Corpus Christi—Engineering Attn:ConstructionContract Admin,. P.O.Box9277 111 Corpus Christi,TX 78469-9277 I3< Submit questions regarding insurance requirements to the Construction Contract Adhlinistrator,by calling 3&1-826-3530. ARTICLE 3--TEXASINORKERS'COMPENSATION iNSURANCE REQUIRED.NOTI?C 3 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A, Definitions: 1. Certificate of coverage("certifficate"�)-A copy of a certificate of insurance,a certificate. of authorityta sel-insure issued by the commission or a coverage agreement(-MCC 81,PNCC,-82,T CG as or7 c-a4,show ng:statutory worke{s`tarn ehsatian insurance Requirements 00 7a01-8 111 HOIRNEROAD:-Ayers St,to Port Aire (BOND 2012),.Rroject E12106 15,2t 2013 I r. it ,, L insurance coverage for the person's or entity's employees providingservices on a project,for the duration of the Project, 2. Duration of the Project-includes thetime from the beginning of the Workon.the L Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. B. Persons proViding services on the Project("Subcontractor"in§406.096)-includes all I I! persons or entities performing all or part of the services the,Contractor has undertaken to perform on the Project,regardless of whether that person.contracted 1 directly With the Contractor and regardless of whether that-person has employees L 1 This includes,without limitation, independent contractors,subcontractors)leasing companies,motor carriers)owner-operators,employees of any such entity,or E employees of any entity which furnishes persons to provide services on the Project "Services"include,Without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "S.eivicee does not include actiVittesuntelated to.the Project,suchas food/beVerage L vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which nieets the statutory L 1 requirements of Texas Labor code,Section 401,011(44)for all employees of the Contractor providingserviceS on the Project,for-the duration of the Project. C. The Ccintractor must Provide a certificate of coverage to thegovernrnental entity prior to E ; being awarded the Contract. D. If the coverage period shown on'the Contractor's current certificate of coverage ends during the duration of the Projecti the Contractor must,prior to the end of the coverage E i period,file a new certificate of coverage with the governmental entity showing that coveragehas been ektencled. L E. The Contractor shall obtain from each person providing-services on.a project,and provide td the gevernmental-entitr; 1 1. A:certificate of coveragerprior to that person beginning Work on the Project,so the L . governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and I 21, No later than sevendayt after receipt by the Contractor,a new certifitate of coverage E showing extension of coverage)if the coverage period shown on the current certificate oftoverage ends dUring,theduration of the Project. ) L F. TheContractor shall retain all required certificates of coverage for the duration of the Li Project andforone year thereafter. ra L . The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days afterthe Contractor knew or should have known,Of any change Li i that materially affects the provision of coverage of any person providing services on the r 1pi-oled H. , L The Contractor shall post on each Project Site a notice,in the text,form and manner prescribed by the Texas Workers'Compensation Cornmission,informing all persons r l L i insurance Requirements oo 72 01-9 HORNE ROA6—Ayers St,to Port Ave.(BOND 2014 Project E12100 11-25-2013 I 1 I providing services ort;thePrcject that they re required to be covered,and stating how a person may verify coverage and report lack of coverage. The Contractnr'sjtall contractually'require each pe xor"withh:w ore►it contracts-t0 provide services on a project;to 1. Provide:coverage,teased on pacer reporting of classificationcc des•and payroll amounts and filing,ofar y coverage agreements;which meets theYstetutriry requirements of Texas Labor Code,Section 401..011(44)for all of its employees providing servieeson the Project;for the duration of the Project; �. Provide to the Contractor,prior to that person beginning Work on the Project,a: certificate of coverage showing that coverage is being provided for all employeesof the person providing-Se on the Project far the duration.of the Project; 3. Provide the Contractor,prior.to-the end of the coverage period,anew certificate of coverage showing extension of coverage,if the coverage peri"od-shown on,the current certificate of co erageehds during the duration of the Prtiject 4. Obtain front eat tither person with whom it ccintraCts,and'provide to theContraotor: 3 a; A certificate of coverage,prior to the Other person beginning Work on the Project;and h. A new ceitideate of coverage,shOWiritetttertsiori;of coverage,prior to;the end of the coverage period, if the coverage period shown on the current certificate oof coverage ends during the duration Of the Project; Retain all required certificates of coverage oh file far the dtrratiorr of the'Project and "for one year thereafter, 6. Notify the governmental entity in writing by certified mail or pets-oat delivery,within3 10 days-after the person knew or should have known;of any'.change that materially affects the provision of'coverage of a"ny person providing services on the Project;and �. Contractually require each person withwhom it contracts;.to"perform as required by paragraphs(1)-(7);_with the certificates of coverage to.be provided to the person for whom.tiey are providngservi+es:, .!4 By signing this Contract or providing or causing to:ire provide tatertifc to of coverage,;the Contractor is representing to the governmental entity that all:employee.sof the Contractor who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage wilt be based.on proper reporting of-classification codes and payroll amounts,and that all,coverage agreements will be filed with-the"appropriate insurance career or,in the case-of a self-insured;with the corn mission's Division of Self-Insurance Regulation. Providing,false or misleading3 information may subject°the:Contractor to administrative penalties,,criminal penalties,civil' penalties;or other civil actions. K The Contractor's failure to comply with any;of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not:remedy the breach within ten days after receipt Of notice of breach from the.gove`rnmei tai entity. I insurance Requirements 00 72 01-.1:0 HORNE RC/MY—Mem St,to PQtt AVE.(BOND 2012),Project E12190 1125 2013 1 END OF SECTION Li Li Li1 E 1 E 1 Insurance Requirements 00 72 Oi=11 NORNE ROAD—Ayert St to Port Ave. (BOND 2012),Project E12100 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on August 26.2014,is between the City of Corpus Christi (Owner)and Salinas Construction Technologies.Ltd. (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: HORNE ROAD.AYERS STREET TO PORT AVENUEIBOND 20121 PROJECT NUMBER E12100 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: NAISMITH ENGINEERING,INC. 4501 GOLUHAR ROAD CORPUS CHRISTI.TEXAS 78411 2.02 The Owner's Authorized Representative for this Project is: City of Corpus Christi—Capital Programs Albert Pardo.P.E.—Construction Engineer 4917 Holly Rd..Bldg.#5 Corpus Christi.TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when B. the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. 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 Agreement 00 52 23-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 • Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$785.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$785.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. S. 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 in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Amount of Award: Total Base Bid $ 1,884,600.57 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments;Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23-2 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B,less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option,retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed,less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23-3 HORNE ROAD—Ayers St.to Port Ave.{BOND 2012),Project E12100 11-25-2013 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 S. 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.O1.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost,progress,and performance of the Work; 2. The means,methods,techniques,sequences,and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations,investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests, studies,and data with the Contract Documents. 1. 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. 1. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23-4 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012),Project E12100 11-25-2013 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence,instructions,drawings,receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. b. Regulator Screening c. Geotechnical Report S. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended,modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures wilt be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company* if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 HORNE ROAD—Ayers St.to Port Ave.IBOND 2012),Project E12100 11-25-2013 The Effective Date of the Contract is '&1/.44 3 t91471 ATTEST CITY OF CORPUS CHRISTI li- N. /o4. City Secretary Natasha Fudge,P. Acting Director of pita Programs APPROVED AS TO LEGAL FORM: "u to n C+Alst:,„ . je-Senior-Assistant City Attorney SECI TARY A (IF CORPORATION) CONTRACTOR Salinas C. -�,; nologies,Ltd. (Seal Bel By: Note: Attach copy of authorization to sign if Title: 00,1Si�at,a person signing for CONTRACTOR is not President, Vice President,Chief Executive Officer,or Chief 3734 FM Rd.3006 Financial Officer Address Pleasanton,TX 78064 City State Zip 830/281-3500 030)Z!? Phone Fax sctltd@yahoo.com EMail END OF SECTION Agreement 00 52 23-6 HORNE ROAD—Ayers St.to Port Ave.IBOND 2012),Project E12100 11-25-2013 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications, and Contract Documents,this Bid Proposal submitted on:June 3 201 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-HORNE ROAD—AYERS ST.TO PORT AVE. (Bond 2012), Project No. E12100. 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 the 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 accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No Addendum Date Sig owledging Receipt a- 5-- LII k N‘ - 6- %\ A 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. Bid Form 00 30 00-1 HORNE ROAD—Ayers St.to Port Ave. (BOND 2012),Project E12100 11-25-2013 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques,sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and 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. Bid Form 00 30 00-2 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will, at its discretion, award the Contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. 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. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility, and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder, 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 an and all irregularities in the Bids, or to reject non-conforming, non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 03 COMPLIANCE TO TEXAS SALES TAX CODE. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with Bid Form 00 30 00-4 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: SC.‘IncS( s_V r TTc\n„.10 let, LTB ,`•—\.r printed full legal name o?Bidder) By: (individual's signature) Name: DALPEL SAL,t,Jtt (typed or printed) Title: Co - ',',.vi /(�fi't//4,/.4Gog. (typed or printed) Attest: /4) /q ) — individual's signature) State of Residency: `, Z & Federal Tax Id. No. 7 _ 7 6 8 I (o Q Address for giving notices: 3'2 3M En, `3OU(D le 4st..n\o 1 ITS "?80104 Phone: B30- Email: 5 C72C.,7Q (�y�, 1011. C (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 Form 00 30 00-5 HORNE ROAD—Ayers St.to Port Ave. (BOND 2012), Project E12100 11-25-2013 ADDENDUM NO,2 ATTACHMENT NO. 1 -Page 1 of 3 00 30 01 BID FORM EXHIBIT A Project: #i444:?laa€;?:A>yei: i9- ortA e{ROND201Z,Project 612100 ^..---... 1\ ..;....fit.... Owner: S".'::CSt:...'.::::5'CiwsYf;: tk3}i:.. .: Bidder: :64: 01'fitiatnT •t0.4..:1; I.td , Bid Date: 11 ftiri-T:i OAR: Designer: Basis of Bid )ter :`tate#: :'>< : : DescriaYron Unit S.7..;:i t#�S AxicB amended Arrx9utit Items in Base Bid(excluding _ ( ding Allowances)per SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT 4.1111MI.f t t.M ITs t543,1hiii s @ I~3:'!;. .O i litW c x.119 :2 :00: 122,360.00 :::A<t33i: Iti af:5ltfe0*:.4 f2 5H: (i $I Ft31AAC! 3 r' 6.118I7 4: < 107,003.82 ell8 -1:.951 30,284.10 :.#.4*S tiii>x€tr+tWt( 3t1 fl .Gai 5Yj GAL 14, 1:34? 1,230.12 :i..,Vf3 : ( :`:> ti EIlr fetfl hafttii* faits :: s'5. '':Otit. 0,98> 68,951.82 :;ASL ` eii ai>" .6ifeted.per Addendum No`.1 44 $$.011 u gead:ePif.00: 4§:4(61 mimmum) s, ,:,00.9-• 1;85::: 12,988.92 4.04.$ f:SS0.0.i n ai 4 E#n flkmeni S} 6 O9 12:57::: 87,537.03 �.:;.:1111 .. .....:::.;•::. .,. .. .,. >:. .va.. A )ef{f )Unify+5ig Haiti: I Sk iii. e_.1RWEtii4.)(!f:'•�#tiaiiii Ls 29 <.4f>SO< 264.00 AaUi 1 tectiveFattei in E4;r:'kes0fiie1 lfui '.;)0? Y:-::;:;: LF 1.66 ita: 864.76 A.tert#e 0reiir viitrient Ma4`fCe*5Vij 3:, 3' #iirta$Cf k # : L 220 ,:::<. :1 k: 132.00 12iRefEechiue fPNaa..vve.:ea..:em:i:i s �ppw0lt4:: .5,...d . LF 1 'i23 , ( S7> 960.00 l 3up iiiMir� y . tai Soi : I; 215 1.90: 408.50 AA14':itifithiWt5faiiiiiiiitiarkiiittp 1 e p 45od.6ore} 1: 60 64.t 397.80 X5ff£fl2Witiiii4 K[ 0iiOVAl tiiCeAriii:4 ,1Vi%,,, ,1; EA 10 203r7fi:: 2,037.60 :A=3#ri. RRatsie€Pave.1.04 M.0121.*f.(�'{��e I C7 EA 62 9;52: 590.24 k l7 f [s.-. #' 0meMM Er'kff5('f 1-AI 1.. 40 8,W 353.20 AA38:R iiiiia afzemiiieiit:Markgis l+:r ie a-B'. E:. 37Ja-.-..: 23.10 f"$.:3':`::155CC 544t4t#)' t r3af:C-dOihi4t :::` LF 370 >1228:: 10,683.60 •�.,,. ,� .�. L"r 87015.3:1: 13,319.70 t 2 `i f ti :f [{5.' :ivixlj 3”.'.of- \.iel 1A Z 311.30::: 6,933.90 ;0 >C nc iite rtvewajrs SF 19.9. ::: 72,861.30 WIZ VittSilitHeig S. 6 86.; 2,195.20 :-.:.44*::,,3toe WateiPA)fti.Yi.0r:rre.er;ti0:1I- LS 12,35G.Mi 12,350.60 :tk25:'.atikE S#kiMP an L3 44.4703:i; 22,447.03 ::.:R2&`;�tii�ieik�a[4x�Ya}: E<; 6,'132:1s:> 12,264.30 A-27i S1QeNF,iik£12t fDif iar. SF 5.6.19 111111111M 9,490.32 A 0k,Oii`f:; itfi ilt-44e IsUon t' 111111111111.039,494.28 :`A':aikMitdi!ei!itdy`E1eiiial tioP SF 5,941 ;'4;25::: 19,367.66 .4,!.;m i?i s gn lis.:#ipairi S r 21 181.537 i> 4,170.13 #:3 nifitit ffit 8e EA MI 395,24 4,347.64 :A:32<i catfine 4--isttnk Signage EA :.313s.4:f::: 62752 >A?;3,3: M liii tJn LS 2454t25:Otf: 245,825.00 X34's i kitiOzation LS Z4,b25.Ci('3 24,625.00 :i2 gA;CQMPLIANCE 1035i':5'roit: icriete3idewaEk,:: ...L 3E IIIIIMIIMENI30,155.84 .A 36 ff d iligi Jp`t4 2+m f'feigt t.) � 3g>pt:: 25,356.50 :A1.37 conciete0:iiiRamp 111111 e � . � : 10,425.92 15,761.67 A3'::'i+IP0•40f:Lross fa5€sif e:{12"}.. L 9s; MEM 12,002.43 giiimo Sl i?#ff ET000.140MMlENTS A+413 wiiiiiarai: ji,iiviiii# EA 4,Y41; Z: 18,966.08 :A 4 :i Marii i 4!4#:Gtl#b<t[ifiit EA 4 6;502 ::: 26,008.36 :::4.0..#.k,1334.0ac iiSJoi:>' :=:? <:<:>;3 EA .::10 1,089::71::' 10,897.10 .ig0 5t80iat4tii#$0!0.t`3fitte1`> LF I,7$$ MEM 35,313.00 `A44 iiKAi fifa g 6 idiiiePikt ii ..tEI) L.Fi80 :mm15'40,:,... 16,408.80 Proposal Form Exhibit A FF0000HORNE ROAD-Ayers St.to Port Ave.(BOND 2012),Project E12100 00 30 01 -1 ADDENDUM NO.2 ______ ATTACHMENT NO.1 -Page 2 of 3 Dent ° ..... ... DeS�ri�tic,-' L'nr'. Ecst4tti:ated;a:. #p: duan t ty .._ nTt P f€ I;xt�ti�fed rno#�z. 4- 2A Reinforced Concrete Pipe(Ctass l:.: L. 60 '''':4444] 7,673.40 ti4;.Tx, t 45af yfdr:5 ar n. terLiti25 240 8>Q 1,934.40 t:47 7renefi5afetififitrtrf5killers E.`, 8 :1.74a.r 2,997.84 A-48: c inPOR.5. .4001.a ra tb EXlc,.0,,. 8r::. .ui.''rt EA. 4 26i0 :: 8,062.16 i4>4' tit. tiirtr fi i i7eni tifriiri• EA 4 93143 3,724.92 1:50 46t646I03trgireSn#reed Cbn-rete 51, LF 115j;fi5 2,489.75 t5tA gW.4 TTR5YSTP.Ig:0MM€?R©VEMENTS `:#?51: 89V! Emir tl,inetbtz itibiOth). .: .. €v4 98>Oh> 2,352.96 A�87 "i r.: 0 . ;i5..000:03100#0. L' 585 10:0:::: 64,461.15 1it55 .i0.F fe#iT ..fti fit .t$:ai DOI;D ' th) 215 LF 325afi`: 35,670.60 54 $' Q lg r Yj fi e4tals4Eif)4.00 y C PP Y 234 141;35,; 33,075.90 1i*.55.I M6fi igii iii 11/3. titHit Y:tiff LF 1,722 ••SAV 5,372.64 :0010000.01.111.044.40.040.04010.0000.000)) E A 3 8;464026,293.65 A 57':::4:so t Diaikketer.l=ttreirgkass MAWIR8: i 41tva pth L„ 1 .:.44.1.0Z4:', 10,99234 *Ok 0;:aet>Qtam:etpi'fti:e60ass fxtFxnhote(6to s`#oot Depth) EA, 1 12'744.85: 12,741.85 *64.:'f`resi li xfetl 6iMasteiag,rMwhole EA 4 952>8.5.> 3,811.44 . .::.... . ...... A.:44. 4.K tBI .04.4 E3$fo .4.00 S £A 11 1,00.4k 21,231.98 A 1ri: : 2:`.�:t iiiiii '!?fC( 9thtk�044i�riiain i:- 328 $3:35: 27,273.20 A-&2 17 ':':'f ing fatter steays >i z it:: . :....::::::: ..............$...:.. .........:::::::: EA 1 4 2�3��:`. 4,221.50 A.63 :2IY':l ar..0#iMJ '€E:wsth Restraints Ea 1 3;741>00 3,741.00 A :.r.:.w$P#@4e fEU a 3` £� 1 aI:81:` 621.81 AE5i4i ":[ #:4(4#;93. td4.eiaii.kith,,R saints EA 1 1,3©2 4:: 1,302.44 A-6VD<#MJ 5:}O C:B!nr1 ifitJ3estrant Ea 5 1,17.3;5?.; 5,857.85 AV:::",.1�1."l ti:4 13 4 �E€IM 8eridvsetth'l iiiiinis EA 3 1,G25 f33: 3,045.09 Aa§i : '` % # o.)Atfri a t 11 $ d S 31 yt`� !$..:�A? £: 1 17,'�144.W: 17,944.75 i 6 s..2"::t#;t:AC. :Gate:ifatve ithi<................. ................................. EA 1 4 9532.3: 4,195.83 A 70 f M c rito1;gfen fdrFer em23k6nnectTi ii . IS I 5;QI327 5,013.27 A 731:F aigii iii liepaiT s, .390 72tIT: 28,091.70 A T7:RQ`hab4*8 71( t g 5'tck/cpc c.rete h:1anhcle EA 1 4,578:83:: 4,578.83 A 73:Exter[©r:tvTanhale':titiip�ait�ect(cn EA I 3,856+4 3,856.47 A 74:_33%t iilWa&t tr@r jne::to be Abandoned in Place LF 870 IT:B$: 15,555.60 A 7S %? [eii�i ti€:ltitaiitialetii 5e Qer:ria tied flba ndoi,ed EA 3 1,364 2 4,094.40 AO Waste Aiat<ei r..#40..s8H.: Is ; 14,z4E#$t: 14,240.92 E:::Ei'E::%:::::: .t Tito io IMPROVEMENTS A77;00..t:lfiiaterflrt* L F 80 48.96 3,916.80 A 7t i 3':`.: tlt:itvater€iiia; ti: ,370 33.30.::: 28,971.00 ;<t�4 iii4 :44f f tirW4,Rrlfne: : 5 1:495 7:94: 4,350.45 'P.AW:$.'.:`.::E lai.4 ...idt`I:4.64 i*WiiStrdirlts EA"-, 20 436:7 .i 8,735.60 A834!$;7t01 D£#T#.Ti Y#fi4tr8tftts EA 1 6.34!87 634.02 182 8"CD I M-... GatnVatvewttEi`Itesirain's a nd sra hie Boxes E.4 4 '.:44.01:.4.:k5,973.84 *.O.3 8".5.p4I Piece:Mild l` E A 8 f } X45 f? :: 1,160.16 :A4*::ti.': tii.l%.tAil}ke6i [2, 2 50.13W 1,004.78 A-80,Stk0iktlgird;Yertf;$t.0: 4 EF, 2 484.8: 1,969.64 A$6:6''>i il01c6a 0:1.:4 swirl Rastra,i,ts andValveBoxes EA 1 :.:1;43O. 3:; 1,260.90 :*4.7 Fire Hydrapt As$etl'ttil(es EA 3 :i:00.0.4:0: 17,720.10 $`W tEG; :6te4Ag6iiii:idt6r s EA 1' 'A41MIEV 15,580.07 Al;$ ;Gtouik:lilIW eIe'rater Lines to be Abandoned in Place(La a; n o, i15,557.40 Addendum,dc 2' SF 86Q :18.i3' is':;:::ii.MR4As SYSTEM.IMPROVEMENTS A"90' Hack#€[faFid.£i adbgn.of6 A!rap pedsteeftnne(pecA.cfdei,Jum Fo: 1) )=-: ce 1000: 35.r <?8,7I) 10,045.00 +93 Giiait Flli era€€j.i+et4i ti: : taintEaitel tis Pla :' L- 1,coo itg: 10,890.00 ::i:»iiii i::tXl$TtNG:0.0)... LVERr:REHAEILlTATIDN >: 1'9 : Isfllttt::ii l .i.1Cr4CT�it:O(CtSn4tt1on,WEms, 44 81.7.38: 36,182.52 A-93 i>aiii Itepaiis(5 s`holes:exposectsebau?etc)(.Condittoa.2.a[d 31 Ea 7 1;592.:16> 11,142.32 ':i*Oit=t iaii4..6. 3.6.1 :giiii: l SY 272 116. i 32,498.20 :A:'.95 5iIE:T3etnr�l . ::..: ... is sv 500 11;66::: 10,830.00 A k Ganfineiis:04 -41*ingEiivironment 15 1 849943:4::: 8,499.14 Proposal Form Exhibit A FF0000HORNE ROAD-Ayers St.to Port Ave.(BOND 2012),Project E12100 00 30 01 -2 ADDENDUM NO.2 ATTACHMENT NO.1 -Page 3 of 3 Item Ati.iaeif Ff '..,..:M.:;. :.:,::;,;„ . Description Unit 1nixC xq-140g t :Nn quarrt€ty 1R ONALTRANSPORTATION AtJTHORITy IMPROVEMENTS A7 ;8:"::gi isr$ie;ittrs Dadyv................................... SF 630 i 26;73 16,839.90 A :tiiki.eeM.e[ter€iiicfiiig:i 5F o1U�:?',306 o<'z .M4$ j't .40..000 f£�i'IS htp:GDf.0010.B1 I PYd s F ';10 11 04 6,624.00_ A-fO iiii itteait of<txisttng Cv rc 6f tietferjPad sF 300 25,67` 7,701.00 A Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A-01 through A-101) $ / 1,77, -r . B Add(+)or Deduct(-)(See Note 1) C Total Adjusted Base Bid Amount(A and B) $ Allowances in Base Bid per SECTION 01 2310 ALTERNATES AND ALLOWANCES ( V 1(f GO,S1 D-01 Alidwfa aiit8r-$tf ttfgbtgig.b :(*hers LS 1 $. 5C1 "r $ 5'5,000.00 D-02 Afl wwnca:fur;IJuanti . to : Gfy#4 f3rients(Starmw 4.0: LS1 $10.,Opf,00 $ 10,000.00 D-03 hItPW tfCf'fi#CA33i8if]irp$tE4't i 4#SttClErkt iWiits'VtfBtei) LS 1 $ 0O -:00: $ 10,000.00 D-04 4.0.:Atan ei.N.: ntlCfgfateduti]EEfAL fsttt13B133:FS'W2[£LT}. LS I $:#ti.Af313OQ: $ 10,000.00 0-05 Alt4la; it '[ar$Eii]] i4.i.i'toildf 4tt4 Rep)aC4iitEiit-l i1Viif ifitBiital) LS 1 $. ,0.t3[ ti $ 25,000.00 D Total Allowance Amount(Sum of Extended Amounts for Each Allowance Line Item) $ 110,000.00 E Total Base Bid(Sum of C and D) 14.$8.4,-,-6'017r7y� Alternates to be considered for inclusion in the Contract per SECTION 01 23 10 ALTERNATES AND ALLOWANCES $ I 'd o LLOO. F-01 i It F-02 F-03 - F Total Amount for Alternates for Consideration(Sum of Extended Amounts for Each Alternate Line Item) $ - G Total Base Bid and Alternates for Consideration(Sum of E and F) $ ;4,84,E,6-174-7-"�t �i Contract Times (( n o 4/,O°r)^ H Bidder agrees to reach Substantial Completion in 40.0,days D D l I Bidder agrees to reach Final Completion in -Z2.0 days ; Nags :.. Provision is made for Bidder to include an addition or deduction in the Bid to reflect any last minute adjustments in price. The addition or deduction,if mad 1 will be applied proportionately to the following Items:(List Base Bid Items to which the Add or Deduct will be applied.] X 41-0/1., wt (1-41:4— An I45r w, Proposal Form Exhibit A FF0000HORNE ROAD-Ayers St.to Port Ave.(BOND 2012),Project E12100 00 30 01 -3 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 'Bidder (includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: -�- Company Name: t;n6.S Cons ',& 12enn 0\cKies LT Q Nei•\d or printed) J By: \` (signature--attach evidence of authority to sign) Name: go-l10— S4i..)LI (typed or printed) Title: Cc-.0 , MAY 1—v4- Business address: 3.1 3 4 17.-.0,ca .1‘.. c6 i31eKst...Aon Ti 18oCA Phone: 930- 'L$1—3 SOo Email: SC`rL'T(,0 0 dvu, /, END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. 2., 04 LiCheck this box if you are filing an update to a previously filed questionnaire. I (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. / )4_ Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. C Signature of person doing business with the govemmental entity Dat Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CH Y PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: , \'I to ei. Con s -r cXX NT€( o l o to 51 L 1 P. O.BOX: STREET ADDRESS: 3-)/ti F 300(D CITY: I)\et,sin\Dn ZIP: 7 006 y FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association _ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 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." Name Title H/4 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 N/A 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 / Consultant 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: • _ sant. .;\ \ A Title: ra44!vorivn MVP �- (Type or Print) �\ Signature of Certifying Date: /III / Person: '��� I 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. 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: Horne Road Avers St.to Port Ave. Bond 2012 E12100 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: n -Oosic -.,unTec el oloc3'iGS , /- ( {� (typed or printed) By: (sign e-- • •c eence of authority to sign) Name: (typed or printed) Title: Jn. tt Jc Pd�+ �rAGErL Business address: 3') F—r, 3006 Ple4s" Si011Ty. 1 (o4 Phone: 930--2.x1— 3Sbp Email: END OF SECTION Non-Collusion Certification 00 30 06-1 HORNE ROAD—Ayers St.to Port Ave.(BOND 2012), Project E12100 11-25-2013 00 61 13 PERFORMANCE BOND BOND NO. PRF9149668 Contractor as Principal Surety Fidelity and Deposit Company of Maryland, Name: Salinas Construction Technologies,Ltd. Name: Colonial American Casualty and Surety Company Mailing address(principal place of business): Mailing address (principal place of business): 3734 FM Rd.3006 15303 Dallas Pkwy, Ste. 800 Pleasanton,TX 78064 Addison, TX 75001 Physical address(principal place of business): Owner 15303 Dallas Pkwy, Ste. 800 Name: City of Corpus Christi,Texas Addison, TX 75001 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Maryland By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): #E12100 Horne Road—Ayers St.to Port Ave. 800-365-6065 (Bond 2012) Telephone (for notice of claim): 800-654-5155 Local Agent for Surety Name: Borden Insurance Agency Award Date of the Contract: August 26,2014 Address: 210 South Carancahua St. \\/'.' Contract Price: $1,884,600.57 Corpus Christi, TX 78401 Telephone:361-882-6543 Bond Email Addressbonds@timeinsurance.com Date of Bond: September 3, 2014 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 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 Pri ci. . -linas Construction Surety Fidelity and Deposit Company of Maryland, •ies, Ltd. Colon' A ricary�a�ualt nd Surety Corr pang Signature: \` Signature: j � Name: a , 4 0/Ai Name: John W. Schuler Title: ; `ill o>,) 044, Title: Attorney-in-Fact Email Address: ,50-ah Rd,th ..c ,.-,•, Email Address: bonds@timeinsurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 61 16 PAYMENT BOND BOND NO. PRF9149668 Contractor as Principal Surety Fidelity and Deposit Company of Maryland, Name: Salinas Construction Technologies,Ltd. Name:Colonial American Casualty and Surety Company Mailing address(principal place of business): Mailing address(principal place of business): 3734 FM Rd.3006 15303 Dallas Pkwy, Ste. 800 Pleasanton,TX 78064 Addison, TX 75001 Physical address(principal place of business): Owner 15303 Dallas Pkwy, Ste. 800 Name: City of Corpus Christi,Texas Addison, TX 75001 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Maryland By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E12100 Horne Road—Avers St.to Port Ave. 800-365-6065 (Bond 20121 Telephone(for notice of claim): 800-654-5155 Local Agent for Surety Name: Borden Insurance Agency Award Date of the Contract: August 26,2014 Address:210 S. Carancahua St., Ste. 400 Contract Price: $1,884,600.57 Corpus Christi, TX 78401 Bond Telephone: 361-882-6543 Email Address: bondsc timeinsurance.com Date of Bond: September 3,2014 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 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 Pri cipas Construction SuretyFidelityColonialand Deposit Company of Maryland, N \`\ Colonial Americ a alty ure ompany •ies, Ltd. � Signature: '� Signature: Name: 4 <, - / t S Name: John W. Schuler Title: izyo„) i/6,10?— Title: Attorney-in-Fact ` Email Address: 3C7 ,1h a ja.Xna_uyy, Email Address: bonds@timeinsurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 Bond Number: PRF9149668 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby npminate,constitute,and appoint Walter E.BENSON Jr,John W.SCHULER,Steven William DOBSON and Lanny W.LAND,all of Austin,Texas, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Swrvivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 16th day of June,A.D.2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � StwA .1 { *:o lot ,g,k:, el)/ 4tAlt—. ....—ff of w 1f.,/,/,/,( BY Assistant Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland City of Baltimore On this 16th day of June,A.D.2014,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,: Constanci A.Dunn,Notary Public My Cortniission Expirese 3uly14,-2015 POA-F 168-9895A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of September ,20 14 • `� .M., we 116 1 �w. � 1ItAL ) I° ) i Michael Bond,Vice President , . Fo D Fidelity and Deposit Companies Home Office: 3910 Keswick Road Baltimore,MD 21211 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin,TX 78714-9104 FAX#(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX)(08/01) 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%.In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 �..N SALIN-3 OP ID: RM '4`� CERTIFICATE OF LIABILITY INSURANCE EY DATE(MM/DD/YYYY) 10/02/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:NTACT Time Insurance Agency, Inc. Time Insurance Agency,Inc. PHONE FAX 1405 East Riverside Drive (A/C,No,Ext): 7773 1 (A/C,No): 512440-0989 Austin,TX 78741 EE-MAIL DDRLSS: Time Insurance Agency,Inc. INSURER(S)AFFORDING COVERAGE I NAIC# INSURER A:Rockhill Insurance Company 128053 INSURED Salinas Const Technologies Ltd INSURER B:KnightBrook Insurance Company 13722 3734 FM 3006 Pleasanton,TX 78064 INSURER C:Torus National Insurance Compa I INSURER D:Texas Mutual Insurance Company 22945 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AL SUBR POLICY EFF PO LTR TYPE OF INSURANCE NSDWVD POLICY NUMBER POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY (MM/DD/YYYY) (MM/DD/YYYY) EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IGENL011087-00 09/15/2014 09/21/2015 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ X Blkt AI / j MED EXP(Any one person) $ X Blkt WOS ,// PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ ✓ 2,000,000 Ii POLICY X JERO 1 I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 ,OTHER: i Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ J/ 1,000,000 (Ea accident) B X ANY AUTO 1KBQTTX000029-00 09/15/2014 09/15/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS I BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED ✓ PROPERTY DAMAGE $ AUTOS I (Per accident) UMBRELLA UAB X OCCUR I EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS-MADE I34666D10ALI 09/15/2014 09/21/2015 AGGREGATE $ 5,000,000 X DED RETENTION$ I I ✓ PR/Co Ops $ 5,000,000 WORKERS COMPENSATION j ' MUTE EMPLOYERS'LIABILITY Y/N X STATUTE ER D ANY PROPRIETOR/PARTNER/EXECUTIVE . 0001179149 09/21/2014 09/21/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) / E.L.DISEASE-EA EMPLOYEE $ j1,000,000 If yes,describe under J DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See Note CERTIFICATE HOLDER CANCELLATION CICOR-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. 2406 Leopard St Ste 100 Corpus Christi,TX 78408 AUTHORIZED/ REPRESENTATIVE �J�a�+-rb.J u ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CICOR-1 SALIN-3 PAGE 2 INSURED'S NAME Salinas Const Technologies Ltd OP ID: RM Date 10/02/2014 RE: E12100 Horne Road Ayers to Port The general liability and auto liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability, auto liability & worker's compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature onlywhen there is a written contract between the named insured and the cerificate holder that requires it. All policies include a blanket notice of cancellation to the certificate holders endorsement, providing for 30 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, for which 10 days' notice is given. Notice is sent to the certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. GENL011087-00 iPOLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Location(s)Of Covered Operations Organization(s): Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement prior to the date of loss that such person or organization be added as an additional insured on your policy. Iinformation reauired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 1 POLICY NUMBER GENL011087-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI NST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any organization when the named insured has agreed to waive the right of recovery by written contract prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section N-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Number GENL011087-00 This endorsement modifies insurance provided for under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM(OCCURRENCE) AMENDMENT-AGGREGATE LIMITS OF INSURANCE(PER PROJECT) The General Aggregate Limit under LIMITS OF INSURANCE (Section III)applies separately to each of your projects away from premises owned by or rented to you. Subject to a Policy Maximum General Aggregate Limit of$5,000,000 E255(1/1/2003) Page 1 of 1 GENL011087-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement prior to the date of loss that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number GENL011087-00 This endorsement modifies insurance provided for under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM(OCCURRENCE) PRIMARY OR NONCONTRIBUTORY CLAUSE ENDORSEMENT Coverage provided by this policy to the additional insured(s), as provided by the attachment of the endorsement CG 20 10 07 04- ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION and CG 20 37 07 04- ADDITIONAL INSURED -OWNER S, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS shall be primary and any other insurance maintained by the additional insured(s) shall be excess and non-contributory; • but only as respects any claim or liability determined to be caused in whole or in part by the Named Insured, • and only if required of the Named Insured by a written contract. SCHEDULE E756(8/1/2008) Page 1 of 1 CNA POLICY NUMBER: KBQTTX000029-00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: / BUSINESS AUTO COVERAGE FORM ���/// GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): Any person or organization which is required to be named as a result of a written contract with you. 0 Co C0 O W 0 0) O O 0 O O O 11 - (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as - applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER:GENL011087-00 COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ ITCAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE T/hisendorsementmodifiesinsurance provided underthefollowing: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1' Name: "30 DAY NOTICE OF CANCELLATION APPLIES" 2. Address: "TO ALL ENTITIES ON LIST MAINTAINED ON FILE BY THE COMPANY. " 3. Number of days advance notice: 30 v/ Information required to complete this Schedule,ifnotshown above,will be shown in the Declarations. 000200 054508 290875 44731 mum BEE CG 02 0512 04 Copyright, ISO Properties, Inc.,2003 Page 1 of 1 G-300660-A (Ed. 06/08) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ ITCAREFULLY. CHANGES-NOTICE OF CANCELLATION OR MATERIAL CHANGE Thisendorsementmodifies insurance provided underthefollowing: BUSINESS AUTO COVERAGE FORM / GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is in icated below: Endorsement Effective Policy Number KBQTrX000029-00 Named Insured Countersigned by (Authorized Representative) In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE / 1. Numberof days advance notice: J 30 2. Name: 'per schedule on file' 3.Address: Cancellation notification to the above entities will not apply to cancellation 300200 for non payment of premium 037508 290873 70623 G-300660-A Page 1 of 1 (Ed.06/08) exasiuuu® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on September 30 , 2014 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001179149 20140921 of the Texas Mutual Insurance Company Issued to SALINAS CONSTRUCTION TEC OLOGIES LTD Endorsement No. 1 Premium$ 0.00 /11/L4.2.046—r4---- Authorized Representative WC420601(ED.1-94) AGENT'S COPY WASENDRS 9-30-2014 ® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS exasI1Iuuia.i Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001179149 20140921 of the Texas Mutual Insurance Company Issued to SALINAS CONSTRUCTION TECHNOLOGIES LTD Endorsement No. Premium$ (Itli"j24546--- Authorized Representative WC420304A(ED.1-01-2000) INSURED'S COPY QUSER 9-19-2014