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HomeMy WebLinkAboutC2014-298 - 7/29/2014 - Approved r 2014-298 7/29/14 Ord. 030241 Reytec Construction Resources CONTRACT DOCUMENTS FOR CONSTRUCTION OF NAVIGATION BOULEVARD UP RIVER ROAD TO LEOPARD STREET PROJECT NUMBER E12090 BOND 2012 OF re-4,%41 1111111/ If * • 1.1111100111411.0111%.0111 DENNIS L MILLER • it n • 4�.. 57503 .��,i y FS FNS ���� " Al`s+ Corpus . fid Christi LNV engineers J architects J contractors sol NAVIGATION,SUITE 300 PH(III)1830964 CORPUS 0111111.TEXAS 164011 FAX(191)113-1199 TIPE FIRM NO.F-351 WWW LIMNC COM — DRAWING NO. STR. 869 APRIL 3, 2014 r • 00 0100 TABLE OF CONTENTS Illi Division/ Section Title Division 00 Procurement and Contracting Requirements 0011 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 0010 02 Compliance to State Law on Nonresident Biddeirs 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest Pfl 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements sr" 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment ilii 01 31 00 Project Management and Coordination 0131 13 Project Coordination 01 31 14 Change Management 0133 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data 01 33 04 Construction Progress Schedule REVISED-Table of Contents ADDENDUM NO. 1 00 0100-1 Navigation Blvd.Up River to Leopard,E12090 ATTACHMENT NO. 1 11-25-2013 PG. 1 OF 5 rW a Division Section Title 0133 05 Video and Photographic Documentation 0140 00 Quality Management gev 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls rot 0170 00 Execution and Closeout Requirements a Part S Standard Specifications ry 020 SITE ASSESSMENTS&CONTROLS 020100 Survey Monuments 549 021 SITE PREPARATION 021020 Site Clearing and Stripping 55 021040 Site Grading S6 021080 Removing Old Structures 555 a 022 EARTHWORK 022022 Trench Safety for Excavations 022100 Select Material 515 022420 Silt Fence 597 023 FOUNDATIONS,BORINGS,PILES&CAISSONS 023020 Jacking, Boring or Tunneling S65 025 ROADWAY 0252 SUBGRADES AND BASES 025202 Scarifying and Reshaping Base Course 523 a 025205 Pavement Repair,Curb,Gutter,Sidewalk and Driveway Replacement 554 11" 0254 ASPHALTS AND SURFACES 025404 Asphalts,Oils and Emulsions 529 025414 Aggregate for Surface Treatment and Seal Coats S35 025418 Surface Treatment 532 025424 Hot Mix Asphaltic Concrete Pavement(Class A) 534 0256 CONCRETE WORK 025608 Inlets S63 025610 Concrete Curb and Gutter 552 025612 Concrete Sidewalks and Driveways 553 025614 Concrete Curb Ramps 0258 TRAFFIC CONTROLS& DEVICES REVISED-Table of Contents ADDENDUM NO. 1 00 0100-2 Navigation Blvd.Up River to Leopard,E12090 ATTACHMENT NO. 1 11-25-2013 PG.2 OF 5 ltr iile frm Division Section Title 11111 025802 Temporary Traffic Controls During Construction 025805 Abbreviated Pavement Markings 5101 ,414 025813 Preformed Striping and Emblems 1111 025816 Raised Pavement Markers and Traffic Buttons 025818 Reference-Pavement Markers(Reflectorized)(TxDOT 0-9-4200) 025828 Reference-Bituminous Adhesive for Pavement Markers(TxDOT D-9-6130) 026 UTILITIES 0262 GENERAL 026201 Waterline Riser Assemblies 579 026202 Hydrostatic Testing of Pressure Systems 589 026206 Ductile Iron Pipe and Fittings 581 026210 PVC Pipe-AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and 1111 Sanitary Sewer Force Mains 583 026214 Grouting Abandoned Utility Lines 53 0264 WATERLINES 026402 Waterlines S88 xim 026404 Water Service Lines 587 026409 Tapping Sleeves and Tapping Valves S84 026411 Gate Valves for Waterlines 585 026416 Fire Hydrants 586 0266 SANITARY SEWER FORCE MAINS 026602 Sanitary Sewer Force Main 569 026604 Air Release Valves(Wastewater Application)s96 027 SEWERS&DRAINAGE 0272 GENERAL 027202 Manholes 562 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes 558A 027202 Manholes 562 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes S58A 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts 560 REVISED-Table of Contents ADDENDUM NO. 1 00 0100-3 Navigation Blvd.Up River to Leopard,E12090 ATTACHMENT NO. 1 11-25-2013 PG.3 OF 5 fr: 6 m Division/ Title Section 027404 Concrete Box Culverts S66 0276 SANITARY SEWERS(GRAVITY) 027602 Gravity Sanitary Sewers S61 027606 Sanitary Service Lines two 027611 Television Inspection of Conduits 028 SITE IMPROVEMENTS& LANDSCAPING 028020 Seeding 514 028040 Sodding 58 028200 Mail Box Relocatioh 028300 Fence Relocation 512 030 CONCRETE,GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings and Covers 557 r1 Part T Technical Specifications 020 SITE ASSESSMENTS&CONTROLS 020001 Mobilization 022 EARTHWORK i 022020 Excavation and Backfill for Utilities and Sewers 022021 Control of Ground Water 022040 Street Excavation 022080 Embankment 025 ROADWAY 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 0254 ASPHALTS AND SURFACES 025412 Prime Coat 0256 CONCRETE WORK REVISED-Table of Contents ADDENDUM NO. 1 00 0100-4 Navigation Blvd.Up River to Leopard, E12090 ATTACHMENT NO. 1 11-25-2013 PG.4 OF 5 r • I 025620 Portland Cement Concrete Pavement 0258 TRAFFIC CONTROLS& DEVICES 025807 Pavement Markings(Paint and Thermoplastic) SIGNALIZATION SPECIFICATIONS AND CUT-SHEETS APPENDIX A Geotechnical Report • I I l I END OF SECTION a Vog a s.- REVISED-Table of Contents ADDENDUM NO. 1 00 01 00-5 Navigation Blvd.Up River to Leopard,E12090 ATTACHMENT NO. 1 11-25-2013 PG.5 OF 5 ( r 0011 16 INVITATION TO BID lig ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Navigation Boulevard Up River Road to Leopard Street Bond 2012 Project No. E12090 1. Base Bid: The proposed improvements will include continuously reinforced concrete pavement with concrete header curb, driveways, storm water drainage, water In+ distribution, wastewater collection, gas line adjustments backfill and removal, street lighting conduit, and ADA-compliant pedestrian facilities. Associated improvements such as pavement markings, signage, and traffic control/construction sequencing will also be included. Signalization improvements for the intersections at IH-37 north frontage road, IH-37 south frontage road,and Leopard Street. Additive Alternate No. 1: Consists of installing 2-inch diameter PVC electrical conduit for future M.I.S. improvements for the length of the project. Additive Alternate No. 2: Consists of an early project substantial completion in 452 days in lieu of the 542 days allotted in the base bid. Additive Alternate No. 3: Consists of a proposed 24" wastewater effluent line including is gate valves,air release valve, boring and casing and fittings. 2. The Engineer's Opinion of Probable Construction Cost for the Project is$9,846,000.00. The Project is to be substantially complete and ready for operation within 542 days. For Additive Alternate No. 2 the project is to be substantially complete and ready for operation within 452 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 Yr 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the to. 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 gm other information relevant to submitting a Bid for the Project. r" ADDENDUM NO. 1 Invitation to Bid ATTACHMENT NO.2 00 11 16-1 Navigation Blvd. Up River to Leopard,E12090 PG. 1 OF 3 11-25-2013 �i. lie ARTICLE 3—PRE-BID CONFERENCE f" 3.01 A non-mandatory pre-bid conference for the Project will be held on May 6,2014,at 10:30 A.M. at the following location: City Hall, Engineering Services Conference Room 3rd Floor 1201 Leopard St. Corpus Christi,Texas 78401 la ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS Mt 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 rti Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 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. a ARTICLE 6—BID SECURITY 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. 111 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. 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. a ADDENDUM NO. 1 a Invitation to.Bid ATTACHMENT NO.2 00 11 16-2 Navigation Blvd. Up River to Leopard, E12090 PG.2 OF 3 11-25-2013 P" 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., May 14, 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: I The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 rwP Attention: City Secretary kis Bid- Navigation Boulevard Up River Road to Leopard Street (Bond 2012) Project No. E12090 1111 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. 111 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. lit END OF SECTION a 11111 I ADDENDUM NO. 1 Invitation to Bid ATTACHMENT NO.2 00 11 16-3 Navigation Blvd. Up River to Leopard, E12090 PG.3 OF 3 11-25-2013 a 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS • 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: 'Iyrpe'of Insurance minirttutti Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2.000,000 Aggregate 7. Broad Form Property Damage 1 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-Owned,Rented and leased $1,000,000 Combined Single Limit Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental 0 Required 0 Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price 0 Required XX Not Required Installation Floater Equal to Contract Price 0 Required Not Required ,F Owner's Protective Liability Equal to Contractor's liability insurance �4 CD Required Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured,or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract.. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. 3. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance"clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: 1. Claims under workers'compensation,disability benefits, and other similar employee benefit acts. Obtain workers'compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an"All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 I L - z 2. Claims for damages because of bodilyinjury,occupational sickness or disease,or death p of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4: Foreign voluntary worker compensation(if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason;and S. Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property wherever located,including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form(occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after for final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property 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 is a broad form or"All Peril"policy providing coverage for all materials, supplies,machinery,fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials,maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; insurance Requirements 00 72 01-3 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 L g) Any loss while in storage,both on and off the Site;and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies,machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions,and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032,"Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured" or its equivalent, D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as alt underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds 3, Include coverage for the respective officers,directors,members,partners,employees, agents,consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies,including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims,including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Navigation Blvd.Up River to leopard,E12090 11-25-2013 I H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so,if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier,anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as k the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk"policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework,and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm;riot;civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief;mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;flood; collapse;explosion;debris removal;demolition Insurance.Requirements 00 72 of-5 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 L occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk,by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning 1 property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. Insurance Requirements 00 72 01-6 1 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 I B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT,named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee.to C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds,and the officers,directors,members,partners, employees,agents,consultants,and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. L1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of,resulting from,or L connected with operations under this Contract whether or not these tosses are covered by insurance. The acceptance of evidence of insurance by the OPT,named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE i+ 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract EDocuments. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies;and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days'notice before cancellation or any material change in the policy's terms and conditions,limits of coverage,or change in deductible amount. • 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under O" Texas Insurance Code§1811.101;or Linsurance Requirements 00 72 01-7 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 L 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies,declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion,revision,or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated,revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering I Attn:Construction Contract Admin. P.O.Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation Insurance Requirements 00 72 01-8 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 I c insurance coverage for the person's or entity's employees providing services on a rproject,for the duration of the Project. liti 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and climaccepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in§406.096)-includes all r 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 to directly with the Contractor and regardless of whether that person has employees. This includes,without limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity,or ci 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. IP "Services"does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 't. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory ;Itrequirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. co D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must,prior to the end of the coverage co period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. r E. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: brikb 1. A certificate of coverage,prior to that person beginning Work on the Project,so the r governmental entity will have on file certificates of coverage showing coverage for all is persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate 110 of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the r Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change $lie that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice,in the text,form and manner It prescribed by the Texas Workers'Compensation Commission,informing all persons ciis Insurance Requirements 00 72 01-9 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 r providing services on the Project that they are required to be covered,and stating how a 3 person may verify coverage and report lack of coverage. ° ... I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor,prior to that person beginning Work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a, A certificate of coverage,prior to the other person beginning Work on the Project;and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will (► be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil is penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Insurance Requirements 00 72 01-10 Navigation Blvd.tip River to Leopard, E12090 11-25-2013 low 1 END OF SECTION 1111111 411 I L r Insurance Requirements 00 72 01-11 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 it 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 29th,2014,is between the City of Corpus Christi (Owner)and Reytec Construction Resources,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Navigation Boulevard Up River Road to Leopard Street Project Number E12090 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV 801 Navigation Blvd.,Suite 300 Corpus Christi,Texas 78408 2.02 The Owner's Authorized Representative for this Project is: Albert Pardo,P.E—Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd.Bldg#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 595 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 625 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Navigation Blvd.Up River to Leopard, E12090 REV 03-18-2014 Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,125.00 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$1,125.00 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 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached 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. Total Base Bid+Add.Alt.#3: 514,480,215.00 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 Navigation Blvd.Up River to Leopard,E12090 REV 03-18-2014 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 Navigation Blvd.Up River to Leopard, E12090 REV 03-18-2014 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.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. J. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23-4 Navigation Blvd.Up River to Leopard, E12090 REV 03-18-2014 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. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will 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 for the City; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Navigation Blvd.Up River to Leopard, E12090 REV 03-18-2014 The effective date of the Contract is 'v 6216/kilde, 7/ ?0/ 1. ATTEST CITY OF CORPUS CHRISTI City Secretary Natasha Fudge, P. Acting Director of Capital Programs APPROVE AS TO GAL FORM COUncmL.. ZJ Senior Asst. City Attorney SECRETAR ATTEST(IF CORPOR, ION) CONTRACTOR �� , .0 Reytec Construction Resources, Inc. (Seal :elow) ), /. By: Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: President Vice President, Chief Executive Officer, or Chief Financial Officer 1901 Hollister St. Address Houston, Texas 77080 City State Zip 713.957.4003 713.681.0077 Phone Fax greyes@reytec.net EMail END OF SECTION Agreement 00 52 23-6 Navigation Blvd. Up River to Leopard,E12090 REV 03-18-2014 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: May 21, 2014 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—Navigation Boulevard Up River Road to Leopard Street (Bond 2012), Project No. E12090 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 Signa7ire Acknowled: Re -i• 1 5/5/14 MOP/ 2 5/13/14 ,/, 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 Navigation Blvd.Up River to Leopard,E12090 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 Navigation Blvd.Up River to Leopard, E12090 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 Navigation Blvd.Up River to Leopard,E12090 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 04 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to Bid Form 00 30 00-4 Navigation Blvd.Up River to Leopard,E12090 11-25-2013 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: Reytec Construction Resources, Inc. (t rinted full legal name of Bidder) By: (individual's signature) Name: Gregg T. Reyes (typed or printed) Title: President (typed or printed) Attest: (.. .,024—e•Crx,k___. (individual's signature) State of Residency: Texas Federal Tax Id. No. 76-0516513 Address for giving notices: 1901 Hollister St. _ Houston, TX 77080 Phone: 713.957.4003 Email: greyes@reytec.net (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 Navigation Blvd.Up River to Leopard, E12090 11-25-2013 00 30 01 BID FORM EXHIBIT A Project: Navigation Boulevard from Up River Road to Leopard Street(Bond 2012) Owner: City of Corpus Christi,Texas Bidder: Iz -r r.C'- C, ,-s -:--R..1c___--s-2--1 12.a- 5_. tiC,e—, -1.,, Bid Date: c.,5 / -z i / iy OAR: David Ambriz,P.E j Designer: LNV,Inc.-Dennis L.Miller,P.E. Il Basis of Bid 1 Item Description Estimated No. p Unit Quantity Unit Price Extended Amount Rigid (Concrete) Paving, Marking & Signage Improvements [60' Back-to-Back of Curbs] A-01 Mobilization/Bonds/Insurance LS 1 9oc c O., — $ .3o cr:,-_, -- A-02 Clear Right-of-Way AC 9.53 20, o-- A-03 Street Excavation SY 31,142 S" $ 2_,(1, 171.-- A-04 12"Compacted Subgrade SY 31,142 5 - $ I 1-7- 7 t--- A-05 A-05 6"Crushed Limestone Flexible Base(Type A,Grade 1) SY 31,142 I L' $ 373 7-q-- . A-06 . .-- A-06 Prime Coat(0.15 Gal/SY) GAL 4,672 Y $ 37. 77 4 A-07 1"HMAC Pavement(Type D)Bond Breaker SY 30,058 S- $ 24�, ¢Ey-- A-O8 7"Continuously Reinforced Concrete Pavement(Class P) SY I. 14,016 C i - $ `i 4.-1. t o4-- A-09 9"Continuously Reinforced Concrete Pavement(Class P) SY 16,042 "7 9 $ I, 2.4:7,Tie,- A-10 6"Concrete Driveway SF 25,255 9 r $ 2-2-1, 2yt-- A-11 Unanticipated Concrete Driveway Removal SF 500 0.7r $ 375= A-12 Fence Relocation LF 160 2-C S V,......0- A-13 Survey Monument EA 2 i e„ $ 3. d.04, - A-14 Ozone Day DAY 2 j G0— 5 i, a-�-- A-15 Prefab.Pavement Marking Type C(W)(ARROW) EA 24 3 $ 7, 2.-0 -s A-16 Prefab.Pavement Marking Type C(W)("ONLY") EA 8 4/.4,- $ .7. e-8, -- A-17 Refl.Pavement Marking Type I(W)(4")(Broken) LF 1,871 a, s`_ $ j 3.C.-- A-18 Refl.Pavement Marking Type 1(Y)(4")(Broken) LF 1,592 C' r`. $ 7 '7'L = A-19 Refl.Pavement Marking Type I(W)(4")(Solid) LF 381 C'--N $ 07 o A-20 Refl.Pavement Marking Type I(Y)(4")(Solid) LF 7,318 0- '= 5 3 4.i -- A-21 A-21 Refl.Pavement Marking Type I(W)(8")(Solid) LF 951 (- 1'p $ 1, y 2_4 4- A-22 Refl.Pavement Marking Type I(W)(24")(Solid) LF i 447 i L - $ -7 /4"2-- --- A-23 ,,7- A-23 Refl.Pavement Marking Type I(Y)(24")(Solid)(Gore) LF 1 78 l6 - $ i, 298 , A-24 TY I-C Raised Pavement Marker(Reflectorized) EA 139 40 S Y,...P/ A-25 TY II-A-A Raised Pavement Marker(Reflectorized) EA 215 C. $ 1, 29 0 - A-26 Street Sign Assembly w/9"Blades(Green) EA 1 i— - $ 4-'" - A-27 Street Sign Assembly w/9"Blades(Green)and STOP Sign EA i 5 6,- $ 3.d„‹)-- A-28 NO PARKING Sign EA 10 3r V - $ 3, /•..- A-29 Other Regulatory Sign EA 22 .4t,./-.: $ 7,.f5'o- A-30 Asphalt Pavement Repair(Type 1) SY 100 l 0 - $ 7, o+.)0 -. A-31 Asphalt Pavement Repair(Type 2) SY 1,000 iia- S its �,y-,-- A-32 6”Concrete Pavement Repair(Class P) SY 75 Z. $ I C c+y.- A-33 Temporary Traffic Control During Construction LS 1 25c,...0 c. - $ ZS-v, p0.r` A-34 Mailbox Relocation EA 2 is, - $ 7o - A-35 Allowance for Unanticipated-Street Related Improvements LS 1 $ 75,000.00 5 75,000.00 A-36 Temporary Detour Pavement SY 500 7.: $ 37.ry-- SUBTOTAL PART A-Rigid(Concrete)Paving,Marking&Signage Improvementsi60'Back-to-Back of Curbs](Items Al thru A36) $4,S7s , 033 003001-1 Navigation Blvd.Up River Rd to Leopard St. ADDENDUM NO.2 Revised-Bid Form Exhibit A E12090 ATTACHMENT NO.2 Item 1 Desul tion Estimated 1 F Unit I Unit Price Extended Amount No. Quantity ADA Pedestrian Improvements Bi 4"Concrete Sidewalk [ SF 33,017 (b 15 / 95, r z- 82 Concrete Sidewalk Retaining Curb(24"Maximum Height) LF 572 2•S - $ /Y. :So,. r 83 Concrete Curb Ramp SF 1,286 I ', - $ 13, /4#2, B4 Unanticipated Concrete Sidewalk Removal SF 100 cD. -'— S 85 Prefab.Pavement Marking Type C for Crosswalks(W)(12") LF 1,218 3, = $ cf: 241-- 66 Prefab.Pavement Marking Type C for Crosswalks(W)(24") LF 224 e - $ --J10,00 SUBTOTAL PART B-ADA Pedestrian Improvements(Items Bl thru B6) $ 2 H Gas Line Improvements (by Contractor) i4/,655-00 Cl Adjust Existing Gas Valve to Finish Grade EA 15 3,,,--. - $ 4-. 'sr - C2 Final Backfill&Compaction for Gas Line Trench LF 7,307 I I $ 1 3 o'10- C3 Remove Abandoned Gas Line,Backfill&Compact LF 7,231 4- $ zg. 5.2g-- C4 6"Steel Split Casing for Existing 2"Dia.Gas Line LF 150 1 1- - $ (8 7-1 - - CS 8"Steel Split Casing for Existing 4"Dia.Gas Line LF 150 14 0 $ 'I-r, .,Ut,- • SUBTOTAL PARTC-Gas Line Improvements(Items Cl thru C5) $ 1`j 4. 7-Y.1 - Signalization Improvements Dl Pedestrian Signal Assembly Including Drilled Shaft Fdn,Ped Pole,Push 10 g, Oo0 - $ 9L, o,,`, -- Button,Signal Head,Aluminum Signs,Ground Box,Conduit&Cable EA Traffic Signal Assembly Including Drilled Shaft Fdn,19 Signal Pole,65' D2 Long Mast Arm,3 Traffic Signal Heads,Aluminum Signs,ILSN(LED), 1 60 o 0 0 $ �u, ��o = VIVDS Camera,Ground Box,Conduit&Cable EA i D3 Temporary Traffic Signals LS 1 II,off- $ 1f, oo,r, r D4 Remove Existing Traffic Signal Assembly,Pedestrian Signal Assemblies and Ground Boxes 1 3 000 - $ 7,...,,,-, SUBTOTAL PART O-Signalization Improvements(Items D1 thru D4) $ 14%4, o oo'- Street Lighting Conduit El 3"Dia.PVC(Sch.40)Elec.Conduit for Street Lights LF I 3,895 I q - $ 1¢.04,s— E2 4,sE2 3"Dia.PVC Cap EA 4 Sn - $ 2-0., - - E3 11"x 18"x 18"Ground Box for Street Lighting Conduit 1 EA 12 1,�w - $ j o,c„<, SUBTOTAL PART E-Street Lighting Conduit(Items El thru E3( $ ie,4, 2-...ir- 00 30 01 -2 Navigation Blvd Up River Rd.to Leopard St. ADDENDUM NO.2 Revised-Bid Form Exhibit A E12090 ATTACHMENT NO.2 Item ' { Description Unit EstimatedUnit Price I Extended Amount -No. , _ _ �_. Quantity 1 4 ii - i?s4,.ater (Drainage) improveto i:±O:' , Fl Block Sodding SY 8,175 5- $ 4o,8-1S-- F2 a,8" 'F2 Seeding for Erosion Control SY 50 20 - S 1,Pas-- F3 15"Dia.RCP(Class III) LF 56 1 3 a $ 'j 2--E.,'4-- F4 .F4 18"Dia.RCP(Class III) IF 1,146 1 3- 5 (¢e, 5 g:� - F5 24"Dia.RCP(Class III) LF 255 13 ro - $ 3 y,L u.'-- F6 30"Dia.RCP(Ciass III) LF 55 14 r.- $ I o 67..--- F7 yF7 10'x 5'Precast Concrete Box Culvert LF 2,242 1.4.3[. : $ 3. 215 -r1'-- F8 10'x 6'Precast Concrete Box Culvert LF 2,028 I 9 c.o - $ 2-, I'/Q,68:.• F9 Tie-in Existing 6"Dia,PVC EA 1 2 5-0 _5 21'° F10 Tie-in Existing 15"Dia.RCP EA 2 5b� - $ f .... ,-- F11 —F11 Tie-in Existing 18"Dia.RCP EA 5 ‘.oa -- $ 3. o.,� -- F12 Tie-in Existing 24"Dia.RCP EA 1 -7.-e - $ - F13 Tie-in Existing 30"Dia,RCP EA 2 1 C-- - $ 1. 6.:., - F14 Tie-in Existing 36"Dia.RCP l EA 1 Soo - $ Sao F1S Tie-in Existing 60"Dia.RCP EA 2 Z.V.v.:,` $ -r: 4,, .- F16 Tie-in Existing 5'x S'RCB EA 2 _7, 000 - $ C. .,,-- F17 ,-- F17 15"Dia.Concrete Plug EA 1 �o $ e. - - F18 18"Dia.Concrete Plug EA 3 6t:' $ (7g ,- F19 F19 Sidewalk Drain EA 2 3 7,,,,-- $ 4-, F-,,-- F20 5'Standard Curb Inlet EA 24 7, f,n_, - $ qt 2�..,-- F21 5'Inlet Extension EA 9 I,c'',,,, - $ (7, /Pu-- F22 Grate Inlet EA 1 2. rt:,.. - $ Z, .6>- F23 Post Inlet EA 8 3 loo - F24 12'-8"x 5'-0"Concrete Storm Water Junction Box EA 1 3 47 ono $ 3.17 o'- -,-- F25 12'-8"x 7-0"Concrete Storm Water Junction Box EA 2 Go..s, $ 12.0. ,,,,..-- F26 Concrete Manhole Riser on Box Culvert EA 19 1 -., $ 13 7, �,.-..- F27 4'Dia.Concrete Storm Water Manhole(Type A) EA 1 Z•,C. -- $ Z,So•--- F28 Adjust Existing Storm Water Manhole to Finish Grade EA 6 i f so •- $ E,6 vv-- F29 6"Concrete Header Curb LF 8,620 7- S k-4 7 yc- F30 Unanticipated Curb&Gutter Removal LF 100 30 $ 3 0.-, F31 5"Concrete Riprap SF 97 1 7-4.7 $ /1 G'az F32 Silt Fence for Storm Water Pollution Prevention LF 50 20 - $ (, _.,-.•.r F33 12"Erosion Control Log LF 3,302 '7 5 Z-3 /iv F34 Construction Exit EA 9 2, — $ (g ,-'.• F35 Trench Safety for Storm Water Conduits _ LF 5,782 i - $ -r 7E 2 F36 Trench Safety for Storm Water Inlet EA 33 2S' S BZ.; F37 Trench Safety for Storm Water Manhole or Junction Box EA 23 + - - $ Z, j>c. F38 Allowance for Unanticipated Storm Water Improvements LS 1 $ 75,000.00 $ 75,000.00 SUBTOTAL PART F-Storm Water(Drainage)Improvements(Items Fl thru F38) $L 'L.'7 2., C B L 003001 -3 Navigation Blvd.Up River Rd.to Leopard St ADDENDUM NO.2 Revised-Bid Form Exhibit A E12090 ATTACHMENT NO.2 ItemEstimated Description Unit Quantity Unit Price Extended Amount No. Water Distribution Improvements G1 4"Dia.Tie-in/Connection EA 2 t dr., L$ 2-, o,,,, -- 62 6"Dia.Tie-in/Connection EA 4 I. G �$ 4. y..„- 63 8"Dia.Tie-in/Connection EA 8 2. o�-1 - $ 14. .,..,,, - ' G4 12"Dia.Tie-in/Connection EA 2 7, sv $ 7, ..u- G5 Remove OR Grout&Abandon In-Place,Existing 4"-12"Dia.Asbestos- LF 6,338 7 5 Cement Waterline4-4-, 1G1.:, G6 6"Dia.C900 PVC Waterline(DR 18) LF 75 St;7 $ 4,v:.,_,- G7 8"Dia.C900 PVC Waterline(DR 18) LF 4,824 $Z-" $ 3q4-,-�68- G8 112"Dia.C900 PVC Waterline(DR 18) LF 197 I-s' 5 3., 4-14"-- 69 1469 8"Dia.Ductile Iron Waterline(Pressure Class 350 psi) LF 105 for $ ((, ,.z,-..• 610 6"x 2"D.I.Reducer EA 1 2....c, - $ z... G11 6"x 4"D.I.Reducer EA 1 I i 4., -- $ (4:, = G12 8"x4"D.I.Reducer EA 1 37.- - $ 3"7-s G13 8"x 6"D.I.Reducer EA 4 5-4 $ 2, (C.,. -- 614 12"x 8"D.I.Reducer EA 2 .76.. ' 5 7 z-,., 615 24"x 8"D.I. Reducer EA 1 4, - $ 5! . -- G16 6" Dia.45'D.I.Bend EA 1 8 Z-3.b S I, g Yo -- G17 8"Dia.11.25'D.I.Bend EA 7 Z,-'a $ r, '7J-o = G18 8"Dia.22.5'D.I.Bend EA 1 ZGo 5 Z_G..,- G19 8" Dia.45"D.I.Bend EA 41 2-7. $ i(, --7. - G20 12" Dia.45"D.I.Bend EA 4 S3-" $ Z, (2:. .-- G21 8"x6"D.I.Tee EA 2 37-, - S 7s,.. - G22 8"x 8"D.I.Tee EA 9 `ti - $ 3, G -- G23 G23 8"Dia.D.I.Cross EA 1 .S--b;, - $ J' -_ G24 6"Gate Valve with Box and Cover EA 2 16.1-o- $ (.70 - G25 8"Gate Valve with Box and Cover EA 34 i (4- $ 3c' (-, -- G26 Fire Hydrant Assembly(Type 1) EA 1 16 4 4..,. - $ 73, 4...•y - G27 Remove and Replace Existing 1"Dia.Water Service EA 4 ( $ 4i, o G28 Remove and Replace Existing 2"Dia.Water Service EA 15 3, $ cf-'.,.,.,- G29 Relocate Existing Water Meter EA 2 5'oc, $ 2'5- -- G30 LS Adjust Existing Water Valve Boxes and Meter Boxes to Finish Grade 1 S V $ P. G31 Trench Safety for Waterlines LF 11,539 0 r" $ .S; 7 4 S �" G32 Allowance for Unanticipated Water Improvements LS 1 $ 50,000.00 $ 50,000.00 SUBTOTAL PART G-Water-Distribution Improvements(Items 61 thru G32) $ 7�....p- i17i,6 I3.�O 003001-4 Navigation Blvd.Up River Rd.to Leopard St. ADDENDUM NO.2 Revised-Bid Form Exhibit A E12090 ATTACHMENT NO.2 Item.. Description Estimated No. .- Unit Quantity Unit Price ` Extended Amount Wastewater (Sanitary Sewer) Improvements H1 4"Dia.Tie-in/Connection(Gravity) EA 5 5"k" - $ 2, sti,.. H2 6"Dia.Tie-in/Connection{Gravity) EA 4 [ +>.. $ 2,et . H3 8"Dia.Tie-in/Connection(Gravity) EA 4 f 9-- - 5 7, eT,.— H4 Remove Existing Wastewater Line(6'-12'Depth) f L.3,718 � $ . 7. / . H5 Remove Existing Wastewater Line(12'-18'Depth) i LF 300 i.t $ N, , -,•-• = H6 Bypass Pumping of Raw Sewerage I LS 1 i c. ...., , $ i , t., -- H7 6"Dia.PVC(SOR 26)Wastewater Gravity Line(0'-6'Depth) LF 107 i 20 - $ 1 2-, `e.,—(..-- H8 dy„-- H8 6"Dia.PVC(SDR 26)Wastewater Gravity Line(6'-8'Depth) LF 20 1 LS' " $ /, L.rc - H9 8"Dia.PVC(SOR 26)Wastewater Gravity Line(0'-6'Depth) LF 40 I J.- S .c 20., - H10 8"Dia.PVC(SDR 26)Wastewater Gravity Line(6'-8'Depth) LF 1,488 / L4.' $ b'�.,-- H11 8"Dia.PVC(SDR 26)Wastewater Gravity Line(8'-10'Depth) LF 895 / - - $ /y 3,,L,,--- H12 8"Dia.PVC(SDR 26)Wastewater Gravity Line(10'-14'Depth) LF 386 /9 o ' $ 73, 7,,,--- H13 8"Dia.PVC Wastewater Pressure Pipe(150psi)for Waterline Crossing (6'-8'Depth) LF 120 I Sc $ U, C. -- H14 4'Dia.Fiberglass Manhole(<6'Depth) EA 17 9 -,...c.› - $ 11"3, ,:,,,,-- H15 Extra Depth for 4'Dia.Manhole(Over 6'Depth) VF 47 Zz.a - $ /c', 3yc,-.. H16 5'Dia.Fiberglass Manhole(<6'Depth) EA 1 to - $ Z=, .,.,- H17 Extra Depth for 5'Dia.Manhole(Over 6'Depth) VF 10 •{_� - 5 Cf' a,Y-- H18 6"Dia.Drop Connection EA 1 i -1-t.•-• - H19 8"Dia.Drop Connection EA 2 2-, L... - $ Y, c/.., - H20 Replace Existing Wastewater Service w/New Service Connection EA 15 z,yo-., $ 34., -- H21 Adjust Existing Wastewater Manhole to Finish Grade EA 1 i yo•.- $ i.9•- — H22 Trench Safety for Wastewater Lines LF 7,064 Z " $ /'/, r 2. r H23 Trench Safety for Wastewater Manhole EA 18 (o„ $ 1, V-,o - FI24 Allowance for Unanticipated Wastewater Improvements LS 1 $ 50,000.00 $ 50,000.00 SUBTOTAL PART H-Wastewater(Sanitary Sewer)Improvements(Items HS thru H24) $ 19, 04'2, 003001 -5 Navigation Blvd.Up River Rd.to Leopard St. ADDENDUM NO.2 Revised-Bid Form Exhibit A E12090 ATTACHMENT NO.2 Item Estimated. No. Description Unit Quantity Unit Price Extended Amount Alternates to be considered for Inclusion in the Contract per SECTION 01 23 10 ALTERNATES AND ALLOWANCES Additive Alternate No. 1 - Electrical Conduit for Future M.I.S. 1-01 2"Dia.PVC(Sch.80)Elec.Conduit w/Pull String LF 3816 17- $ LA; v7L 1-02 2"Dia.PVC Cap EA 4 - $ i cmo - J-03 24"x 36"x 18"Ground Box for M.I.S.Conduit EA 18 7, St - — $ fir oa o SUBTOTAL PARTJ-Additive Alternate No.1-Electrical Conduit for Future MI5(Items 11 thru J3) $ (I o, 0 3 z - Additive Alternate No. 2 - Early Project Completion K-01 Project Substantial Completion in 452 days in lieu of 542 days Ls 1! 1 so, 000 $ Ism - SUBTOTAL PART K-Additive Alternate No.2-Early Project Completion(Item K1), $ i_{o o�, Additive Alternate No. 3 - 24" Wastewater Effluent Force Main L-01 24"Dia.C905 PVC Wastewater Effluent Force Main(DR25) LF 3940 2.- ' ` $ 7 g > ckS;, L-02 24"Dia.C905 Fusible PVC Wastewater Effluent Force Main(DR25) LF 380 2 s , $ L-03 24"Dia.Ductile Iron WW F.M.(Pressure Class 250 psi) LF 80 2 L--: S 13. `d •— L-04 30"Dia.Steel Casing for 24"Wastewater Effluent Force Main LF 360 2-I' 1 $ 9� -- L-05 L-05 Boring for 30"Steel Casing LF 360 G:o a $ ZI c o 1-06 Air Release Valve in Manhole EA 1 i 2-,- o -- $ 1 z o" -- L-07 24"Dia.D.I.Plug EA 2 1 µ.ms — $ 2_, gam L-08 24"Gate Valve with Box and Cover EA 4 �, — $ L-09 24"D.I.4S-Degree Bends EA 18 S $ L-10 Trench Safety 24"Wastewater Effluent Line IF 4040 I " $ 4.o•fes— SUBTOTAL PART L-Additive Alternate No.-24"Wastewater Effluent Force Main(Item L1 thru L10) $ I, 3 r L .y' 003001-6 Navigation Blvd.Up River Rd to Leopard St. ADDENDUM NO.2 Revised-Bid Form ExhibitA E12090 ATTACHMENT NO.2 BID SUMMARY SUBTOTAL PART A-Rigid(Concrete)Paving,Marking&Signage Improvements[60' Back-to-Back of Curbs](Items Al thru A36) $ 4, SS-7, b g 3.4" SUBTOTAL PART B-ADA Pedestrian Improvements(Items B1 thru B6) SUBTOTAL PART C-Gas Line Improvements(Items Cl thru C5) $ 14 Z 44 SUBTOTAL PART D-Signalization Improvements(Items D1 thru D4) ; $ I e 4. 0 a o SUBTOTAL PART E-Street Lighting Conduit(Items El thru E3) $ t a 4-. 2 0 _ SUBTOTAL PART F-Storm Water(Drainage)Improvements(Items Fl thru F38 ; $ (, ZT 2. SUBTOTAL PART G-Water Distribution Improvements(Items G1 thru G32) $'1' SUBTOTAL PART H-Wistewater Sanitary Sewer Improvements(ltemsH1 thru S. (q' � — H24) i $ - TOTAL PROJECT BASE BID(PARTS A THRU H) 3 ' 08,3 . ,o• e I Not. ,�w,�Rdtd � - - � - . . Its. oYe_ - 1/D / /2/_1 dbd wDDI IVC AI TER IATE SIA a(K1)J ! r �O_ C100 1 /( T /cf K//T�G GGG///NNN �vrTT1-�—ALV.s[I�.Tr7 ADDITIVE ALTERNATE NO.3(L1 THRU L10)I $ I, 3 14,, v 40 - Contract Times Base Bid Bidder agrees to reach Substantial Completion in 542 days Bidder agrees to reach Final Completion in 572 days Additive Alternate No.2 Bidder agrees to reach Substantial Completion in 452 days Bidder agrees to reach Final Completion in 482 days Note: If Additive Alternate No.1 is awarded,no additional days will be awarded. If Additive Alternate No. 3 is awarded,53 additional days will be awarded. 003001 -1 Navigation Blvd.Up River Rd.to Leopard St. ADDENDUM NO.2 Bid Form Exhibit A El 2090 ATTACHMENT NO.2 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. (I 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: Reytec Construction Resources, Inc. ed or printed) By: )4-11,""" , (signature--at ach evidence of authority to sign) Name: Gregg T. Reyes (typed or printed) Title: President Business address: 1901 Hollister St. Houston. TX 77080 Phone: 713.957.4003 Email: greyes@reytec.net END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Navigation Blvd. Up River To Leopard, E12090 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. 1 Name of person who has a business relationship with local governmental entity. Gregg T. Reyes 2 Check this box if you are filing an update to a previously filed questionnaire. (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. N/A 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. 4 5/21/14 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 • 00 30 05 City of Corpus Christi Disclosure of Interest 11ZSUPPLIER NUMBER TO BE ASSIGNED BY CI IY = 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: Reytec Construction Resources, Inc. P. O.BOX: STREET ADDRESS: 1901 Hollister St CITY: Houston ZIP: 77080 FIRM IS: 1. Corporation . 2. Partnership = 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." NameN/A 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." NameN/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." NameN/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 N/A 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: Gregg T. Reyes Title: President _ (Type or Print) Signature of Certifying Date: 5/21/14 Person: 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: Navigation Boulevard Up River Road to Leopard Street Bond 2012 E12090 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: Reytec Construction Resources, Inc. ed or printed) By: 24-4)..1,------ 7:— (signature - ttoch evidence of authority to sign) Name: Gregg T. Reyes (typed or printed) Title: President Business address: 1901 Hollister St. Houston, TX 77080 Phone: 713.957.4003 Email: greyes@reytec.net END OF SECTION Non-Collusion Certification 00 30 06-1 Navigation Blvd.Up River Rd.to Leopard, E12090 11-25-2013 , 00 61 13 PERFORMANCE BOND BOND NO. 106112234 7 Contractor as Principal Surety Travelers Casualty and Surety Company Name: Reytec Construction Resources, Inc. Name: of America Mailing address(principal place of business): Mailing address(principal place of business): 1901 Hollister St. 4650 Westway Park Blvd. Houston,TX 77080 Houston,Texas 77041-2036 l Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,Texas 77041-2036 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: Connecticut Corpus Christi,Texas 78401 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): #E12090 Navigation Boulevard Up River Road to 281-606-8400 Leopard Street Telephone (for notice of claim): 281-606-8400 Local Agent for Surety Name: Michael Cole #1074794 Award Date of the Contract: July 29,2014 Address: Marsh&McLennan Agency,LLC Contract Price: $14,480,215.00 1776 Yorktown,#200,Houston,TX 77056 Bond Telephone: 713-966-1776 Email Address: michael.cole@marshmc.com Date of Bond: 08/04/14 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 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 Principal -- Surety Signature: Signatur 1 (.LQ4 Name: Gregg T. Reyes Name: Michael Cole #1074794 Title: President Title: Attorney-in-Fact Email Address: greyes@reytec.net Email Address: michael.cole@marshmc.com (Attach Power of Attorney and place surety sea!below) • Marsh&McLennan Agency,LLC 1776 Yorktown,#200.Houston.TX 77056 phone:713-966-1776 fax:713.966-1700 TDI License#1601820 FEIN#263237576 END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 00 61 16 PAYMENT BOND BOND NO. 106112234 Contractor as Principal Surety Travelers Casualty and Surety Company Name: Reytec Construction Resources,Inc. Name: of America Mailing address(principal place of business): Mailing address(principal place of business): 1901 Hollister St. 4650 Westway Park Blvd. Houston,TX 77080 Houston,Texas 77041-2036 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston,Texas 77041-2036 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: Connecticut Corpus Christi,Texas 78401 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): #E12090 Navigation Boulevard Up River Road to 281-606-8400 Leopard Street Telephone (for notice of claim): 281-606-8400 Local Agent for Surety Name: Michael Cole #1074794 Award Date of the Contract: July 29, 2014 Address: Marsh&McLennan Agency,LLC 1776 Yorktown,#200,Houston,TX 77056 Contract Price: $14,480,215.00 Telephone: 713-966-1776 Bond Email Address: michael.cole@marshmc.com Date of Bond: 08/04/14 / 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 6116-1 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 Prin 'pal Surety Signature: / SignatureLei.‘033Qe Name: Gregg T. Reyes. Name: Michael Cole #1074794 Title: President Title: Attorney-in-Fact Email Address: greyes@reytec.net Email Address: michael.cole@marshmc.com (Attach Power of Attorney and place surety seal below) Marsh&McLennan Agency,LLC 1776 Yorktown.#200.Houston.TX 77056 phone:713-966.1776 fax:713.966.1700 TDI License#1601820 FEIN#263237576 END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AA POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228156 Certificate No. 0 0 5 9 6 8 0 8 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint C.W.Adams,Kurt A.Risk,Michael Code;Sue Kohler,Cheryl R.Colson,Sharon Cavanaugh,and Leland L.Rauch of the City of Houston ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 30th day of June 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GASUA -�Q,r�,"p�tTY Wn. `. '41•,,, '172"'"N y �p1��Ny`G j 1NSUq PITY ANO �y6 SUNFi FytY At Qr J f G P2 AV.,pVOR.,>'� P�` OR n 3�� EV o + IRC f P AT''•P t Y 0 2�O ? 1977 DRPORATED (Allik 4.wa mE i mc z`i c� f In, uP HARTFORD, 3' " 896Z - ,Ii i o w CONN. �j` CO5N. 'R �n1896I. •fS y; r 1951 �* . 0co.Td �`SE AL�IoJ ot,SSEL;%s ; r° l`$:�.., •'.F- 14,7 P .w / ' State of Connecticut By: / i City of Hartford ss. Robert L.Raney, enior Vice President On this the 30th day of June 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. "TNIn Witness Whereof,I hereunto set my hand and official seal. O A _. W w" " . My Commission expires the 30th day of June,2016. * PUBLIG * Marie C.Tetreault,Notary Public .'19VEC' 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. S IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4th day of host 20;]_Q Kevin E.Hughes,Assistant Sec -tart' u51! I 4. e•F 9 t4 qS,oFnRNtrcS AN,4..r 111> On.B � •:NS 1:;AIIVA, f sOOAT- ^5 ATfDt1982 19/ fi9f E.n, :2 HARTFORDJ'liAgTFORD. �� ED et 7'S`EALLe, C°NN. %\.°C H. '896 i AtN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates'toll- free telephone number for information or to make a complaint at: 1-800-328-2189 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 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 ___..'..IN RESOURRE01 JWILLIAMS '4CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8/7/2014 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 CONTACT Adams Insurance Service,Inc. PHONE Janet L Williams FAX 427 W.20th St.,Suite 500 (A/C,No,Ext):(713)869-8346 (A/C,No):(713)869-9144 Houston,TX 77008 E-MAIL JWilliamsca adamsins.com INSURER(S)AFFORDING COVERAGE 1 NAIC# INSURERA:COmmerCe and Industry Insurance Company119410 INSURED /. INSURER B:Chards Specialty Insurance Company Reytec Construction Resources Inc. ✓ INSURER C: 1901 Hollister Street INSURER D: , Houston,TX 77080-6803 ! 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 TYPE OF INSURANCE ADDLISUBR,; POLICY EFF i POLICY EXP ,1 W INSDVD; POLICY NUMBER I(MM/DD/YYYY) (MMIDD/YYYY) LIMITS A X I COMMERCIAL GENERAL UABIUTY `;" 1 1 EACH OCCURRENCE 5 1,000,000 CLAIMS-MADE j X OCCUR I,GL5142672 f 10/16/2013 10/16/2014 DAMAGEI O RENTED 100,000 I PREMISES(Ea occurrence) $ 1 MED EXP(Any one person) 1$ 5,000 ! / i ' PERSONAL&ADV INJURY ' $ 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE I$ 2,000,000 PRO- ) POLICY X JECT LOC j PRODUCTS-COMP/OPAGG r $ 2,000,000 'if' OTHER: ' $ i AUTOMOBILE UABIUTY . COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A i X !ANY AUTO 1CA5101578 10/16/2013 1 10/16/2014 BODILY INJURY(Per person) $ / ~J•ALL OWNED ' ' SCHEDULED BODILY INJURY(Per accident) $ !I AUTOS 1 AUTOS ../ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIABX OCCUR r EACH OCCURRENCE $ 5,000,000 A 1 X EXCESS LIAR 1 1 CLAIMS-MADE 15821014096 10/16/2013 10/16/2014 AGGREGATE _ I $ 1 5,000,000 ,'1 DED I RETENTION$ - $ WORKERS COMPENSATION ,- ! I X PER ! 0TH- I AND EMPLOYERS'LIABILITY ;STATUTE ER A i,1 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WC015656093 10/16/2013' 10/16/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A I I [(Mandatory in NH) f E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B ,Contractor's CP013292377 10/16/2013 10/16/2014 Each Loss 1,000,000 B Pollution Liability ,1 CP013292377 10/16/20131 10/ 16/2014 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) SEE ADDITIONAL REMARKS SCHEDULE ATTACHED / PROJECT: #E12090(BOND 2012)-NAVIGATION BOULEVARD UP RIVER ROAD TO LEOPARD STREET!REYTEC JOB#2163 • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CORPUS CHRISTI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DEPT.OF ENGINEERING SERVICES ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CONTRACT ADMINISTRATOR PO BOX 9277 AUTHORIZED REPRESENTATIVE CORPUS CHRISTI,TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:RESOURRE01 JWILLIAMS LOC#: ACCPREYADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Adams Insurance Service,Inc. Reytec Construction Resources Inc. 1901 Hollister Street POLICY NUMBER Houston,TX 77080-6803 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFEcrnE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Remarks: DESCRIPTION OF OPERATIONS CON'T. THE GENERAL LIABILITY&AUTOMOBILE LIABILITY POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT&THE GENERAL LIABILITY,AUTOMOBILE LIABILITY&WORKERS COMPENSATION POLICIES INCLUDE A BLANKET WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS&WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED&THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS AS PER THE ATTACHED. THE AUTOMOBILE POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1)87950-BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE.2)62897-BLANKET WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT.3)107414-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE GENERAL LIABILITY POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1)107414-NOTICE OF CANCELLATION-30 DAY BLANKET AS REQUIRED BY WRITTEN CONTRACT.2)100983-BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT.3)100983/90533-WHO IS AN INSURED IS AMENDED TO INCLUDE AS ADDITIONAL INSURED ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. PRIMARY&NON-CONTRIBUTORY BASIS IF THE ADDITIONAL INSURED SPECIFICALLY AGREED IN A WRITTEN CONTRACT THAT THE INSURANCE BE PRIMARY&WHEN COVERAGE IS PROVIDED ON A PRIMARY BASIS WE WILL NOT SEEK CONTRIBUTION FROM ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED IF A WRITTEN CONTRACT REQUIRES THAT THIS INSURANCE BE NON-CONTRIBUTORY. THE WORKERS COMPENSATION POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1)WC420304A-WAIVER OF SUBROGATION-BLANKET WAIVER FOR ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.2)WC420601-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE UMBRELLA/EXCESS LIABILITY POLICY APPLIES IN EXCESS OF THE UNDERLYING GENERAL LIABILITY,AUTOMOBILE LIABILITY AND EMPLOYERS LIABILITY POLICIES ABOVE INCLUDING FOLLOWING THE TERMS OF ANY ADDITIONAL INSURED ENDORSEMENTS.THE POLICY FOLLOWS THE TERMS AND CONDITIONS OF SUCH UNDERLYING POLICIES UNLESS THEY ARE INCONSISTENT WITH THE TERMS OF THE POLICY. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 10/16/13 forms a part of policy No GL5142672 issued to REYTEC CONSTRUCTION RESOURCES, INC. by Commerce & Industry Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S COMMERCIAL PRIME ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. ADDITIONAL INSUREDS - f- • 'SURED, 1. is amended to include as an insured any person or organization described in paragraphs A through I below, whom you are required to add as an additional insured under a written contract or agreement. The written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2 Executed prior to "bodily injury", "property damage,' or "personal injury and advertising injury". A. BY CONTRACT Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance tv t`hat oerson or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you.. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. B. CONTROLLING INTEREST 1. Any person or organization having a greater than a 50% interest in you, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease these premises. 2. The insurance afforded to these additional insureds under Paragraph I.B.1 does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. C. CO-OWNER OR INSURED PREMISES A Co-owner of insured premises co-owned by you and covered by this insurance but only with respect to their liability as co-owner of the premises. 100983 (2/09) Page 1 of 7 D. LESSOR OF LEASED EQUIPMENT 1. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of such equipment leased to you by such person(s) or organization(s). 2. With respect to the insurance afforded to these additional insureds under Paragraph I.D.1, this insurance does not apply to any "occurrence" which takes place: a) after the equipment lease expires, or b) after the equipment is returned or no longer in your possession, whichever takes place later. E. MANAGERS OR LESSORS OF PREMISES Managers or Lessors of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance under this paragraph does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations,new construction or demolition operations performed by or on behalf of such Managers or Lessors. F. MORTGAGEE, ASSIGNEE, OR RECEIVER 1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. 2. The insurance afforded to the additional insureds under Paragraph I.F.1 does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. G. OWNERS, LESSEES, OR CONTRACTORS- COMPLETED OPERATIONS (1) Any Owner, Lessee or Contractor, but only with respect to liability arising out of "your work" performed for that additional insured and included in the "products- completed operations hazard". H. OWNERS, LESSEES, OR CONTRACTORS - ONGOING OPERATIONS Any Owners, Lessees,or Contractors, but only with respect to liability arising out of your ongoing operations performed for that additional insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 100983 (2/09) Page 2 of 7 I. STATE OR POLITICAL SUBDIVISION- PERMITS Any State or Political Subdivision, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage" or" personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products- . . . ., . • _ . •". II. PRIMARY INSURANCE-ADDITIONAL INSUREDS - •° •• • • �' •: = •.•ed to your policy as additional insureds to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products- completed operations hazard, then with respect to these additional insureds as defined above in this Section only, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other Insurance, a. -Primary Insurance, is deleted in its entirety and replaced with the following: This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to (a) the performance of your ongoing operations for the additional insureds, or (b) "your work" performed for the additional insureds and included in the "products-completed operations hazard. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded is primary. III. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services, except for "bodily injury" arising out of "Incidental Medical Malpractice Injury" by any physician, dentist, nurse or other medical practitioner employed or retained by you unless such "bodily injury" is covered by another primary policy. However, the insurance provided hereunder to such persons will not apply to liability arising out of services performed outside of the scope of their duties as your "employees." Any series of continuous, repeated or related acts will be treated as the occurrence of a single negligent professional healthcare service, which will be assignable to the same policy and policy year in which the originating act occurred. SECTION V- DEFINITIONS - is amended to add: "Incidental Medical Malpractice Injury" means "Bodily Injury" arising out of the rendering of or failure to render the following services: 100983 (2/09) Page 3 of 7 a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. The Coverage provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described in the definition of "Incidental Medical Malpractice Injury". IV. JOINT VENTURES/PARTNERSHIPS/LIMITED LIABILITY COMPANIES The paragraph under SECTION II -WHO IS AN INSURED which states: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is hereby deleted and replaced with the following: No person or organization, other than you, is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Coverage under this policy, however, will not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. V. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, Paragraph 1.b., is deleted in its entirety and replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. VI. LIBERALIZATION CLAUSE If we revise or replace our standard policy form to provide more coverage, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. VII. UNINTENTIONAL ERRORS AND OMISSIONS SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. - Representations is amended by adding: d. The unintentional failure by you or any Insured to provide accurate and complete nonmaterial representations as of the inception of the policy will not prejudice the coverages afforded by this policy. VIII. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. - Duties in the Event of Occurrence, Offense, Claim or Suit, a. is hereby deleted and replaced with the following: 100983 (2/09) Page 4 of 7 a. You must see to it that we are notified as soon as practicable of any "occurrence"or an offense, which may result in a claim. Knowledge of an "occurrence" or an offense by your agent, your servant, or your employee will not in itself constitute knowledge to you unless the Director of Risk Management (or one with similar or equivalent title) or his/her designee will have received such notice. To the extent possible notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. X. CONTRACTUAL LIABILITY - RAILROADS Only with respect to (i) operations performed within 50 feet of railroad property and (ii) for which a Railroad Protective Liability Policy in the name of the railroad has been provided, then A. SECTION V - DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 100983 (2/09) Page 5 of 7 (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities; and B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other Insurance, b. Excess Insurance, (1) (a), is amended to include the following: (v) That is a Railroad Protective Insurance Policy or similar coverage. Xl. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- EMPLOYEE INJURIES SECTION II -WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: Your supervisory or managerial "employees" are insureds for "bodily injury" to "co- employees" while in the course of their employment or performing duties related to the conduct of your business if claims or suits arise out of liability assumed by an insured under an "insured contract" as provided by SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND • ; • • z; a • _ „ _ LIABILITY, 2. Exclusions, e. Employer's XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US ION IV - COMMERCIAL GENERAL LIABILITY CONDIT I ansfer of Rights of Recovery •ga,nst •• ers o •s, is amen•e• •y the addition of the following: We waive any right of recovery we may have against any person or organization pursuant to applicable written contract or agreement you enter into 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". XIII. AMENDMENT OF OTHER INSURANCE A. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. - Excess Insurance, (1), is amended to include the following: This insurance shalt not be excess where (i) such other insurance is specifically purchased to apply as excess of this policy, or (ii) where you are obligated by contract to provide primary insurance to an additional insured, unless there is other additional insurance coverage available to that additional insured. B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. -Excess Insurance, (2), is deleted in its entirety and replaced with the following: When this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends,we will undertake to do so, but we will be entitled to the insured's '• • :. •'. •• - • •, rers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT • - - • • • - -- -- • ;ga y obligated to pay as damages caused by "occurrences"under COVERAGE A (SECTION I), offense under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project: 100983 (2/09) Page 6 of 7 1. A separate Per Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Construction Project General Aggregate Limit is the most we will pay for the sum of (i) all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", (ii) all damages under COVERAGE B and (iii) all medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the Per Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Construction Project General Aggregate Limit for any other construction project covered under this policy. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Per Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), offenses under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Afinhorized Re resentatnre or Countersignature (in States Where Appicable) 100983 (2/09) Page 7 of 7 ENDORSEMENT This endorsement, effective 12:01 A.M. 10/16/13 forms a part of policy No. GL5142672 issued to REYTEC CONSTRUCTION RESOURCES, INC. by Commerce & Industry Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE'READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II -WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products-completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. 7 Q g A horized Re resentatfve or Countersignature (in States Where Applicable) 90533 (3/06) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 10/16/2013 forms a part of policy No. CA 510-15-78 issued to REYTEC CONSTRUCTION RESOURCES, INC. by COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or"loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any"accident" or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. A i THORIZED REPRESENTATIVE 62897(6/95) ENDORSEMENT This endorsement, effective 12:01 A.M. 10/16/2013 forms a part of ✓ / policy No.CA 510-15-78 issued to REYTEC CONSTRUCTION RESOURCES, INC. by COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM \f SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO". I. SECTION II- LIABILITY COVERAGE,A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 01 a k A prized Representative or Countersignature (in States Where Applicable 87950 (10/05) Page 1 of 1 ENDORSEMENT N This endorsement, effective 12:01 A.M. '10/16/13 forms a part of Policy No. GL5142672 issued to REYTEC CONSTRUCTION RESOURCES, INC. By Commerce & Industry Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within jO days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. AAA u orized Representative iv att e "ill 107414 (03/11) Page 1 ENDORSEMENT# This endorsement, effective 12:01 A.M. 10/16/2013 forms a part of Policy No.CA 510-15-78 issued to REYTEC CONSTRUCTION RESOURCES, INC. By COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within ,3Q days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 5414114 uthorized Representative 107414 (03/11) Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 12:01 AM 10/16/13 forms a part of Policy No. WC015656093 Issued to REYTEC CONSTRUCTION RESOURCES, INC. By Commerce & Industry Insurance Co. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3Q days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. ASI)404 AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 12:01 AM 10/16/13 forms a part of Policy No. WC015656093 Issued to REYTEC CONSTRUCTION RESOURCES, INC. By'Commerce & Industry Insurance Co. 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 (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ANY PERSON OR ORGAN I ZAT I ON FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in con- nection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED WC 42 03 04A Countersigned by- - - - A (Ed. 01100) Authorized Representative