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C2014-301 - 10/14/2014 - Approved
2014-301 11/11/14 M2014-142 Saenz Brothers Construction LLC CONTRACT DOCUMENTS FOR CONSTRUCTION OF Schanen Ditch Improvements • Phase 2 PROJECT NUMBER E11073 FY 2013-2014 SCE OF 7- 14• jot ,,,*: NICHOLAS A. CECAVA j. 97391 '�� %11111001141111111011%111010 Co/V/14i FREESE AND NICHOLS, INC. Cit 0 TEXAS REGISTERED ENGINEERING FIRM F-2144 Corpus Christi Freese and Nichols, Inc. Record Drawing Number STO-561 JUNE, 2014 1 E 1 1 00 0100 TABLE OF CONTENTS E i `) IS rIC,3 -^' t ." z. t ' 4 < ac`s a .. r # , E 1 -4,-a r - .1 ;� :. ..° . • _ . . �` ?'. .w .r • 4 g&.' �`" te.7a` „.. 1 ,t.'..;,-; . Division 00 Procurement and Contracting Requirements E 1 i 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders E l, 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 1 00 30 06 Non-Collusion Certification 1 00 45 16 Statement of Experience go 00 52 23 Agreement 00 61 13 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements E I 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy E00 73 00 Supplementary Conditions Division 01 General Requirements EI 01 1100 Summary of Work 01 23 10 Alternates and Allowances E 1 0129 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment I 01 31 00 Project Management and Coordination l 0131 13 Project Coordination 0131 14 Change Management E ' 01 33 00 Document Management 0133 01 Submittal Register I 0133 02 Shop Drawings � r Table of Contents 00 0100-1 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-18-2014 1 3 I yv , ,.. , l+,, k, ➢„„ s -- ,:r. ,‘-e ''''',4e:a "; a i STI g :ftx�` 9 zt a max e,- �} - 0133 03 Record Data 0133 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements 1 Part S Standard Specifications 021080 Removing Old Structures S55 022022 Trench Safety for Excavations 022100 Select Material S15 022420 Silt Fence S97 31 025612 Concrete Sidewalks and Driveways S53 025802 Temporary Traffic Controls During Construction 3 027402 Reinforced Concrete Pipe Culverts S60 V 028020 Seeding S14 - 028040 Sodding S8 030020 Portland Cement Concrete S403 032020 Reinforcing Steel S42 038000 Concrete Structures S41 Part T Technical Specifications 022020 Excavation and Backfill for Utilities and Sewers3 022021 Control of Ground Water 022060 Channel Excavation 022080 Embankment — 3135 19.16 Erosion Control for Protection of Stable Soil Slopes END OF SECTION 1 I Table of Contents 00 01 00—2 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Schanen Ditch Improvements Phase 2 Project No. E11073 for FY 2013-2014 A. Schanen Ditch Improvements, Phase 2 continues improvements to the lower reach of Schanen Ditch,a major drainage channel for the City of Corpus Christi. Improvements include improved outfalls into the channel with new headwalls,wingwalls,reinforced concrete pipe,and rip-rap,as well as excavation and grading to address existing sloughed or damaged areas of the channel,and to establish the proper side slopes for the channel, and to provide slope protection for the side slopes. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$580,680. The Project is to be substantially complete and ready for operation within 110 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 1 ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com • 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. F 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports,or Eother information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,July 15,2014 at 2:00 PM at the following location: City Hall,Engineering Services 3`a Floor Capital Programs Conference Room#1 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding • Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7)days prior to the date of the bid opening. Inquiries made after this period may not be addressed. Invitation to Bid 001116-1 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 1 3 .11 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. 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. 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. -11 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check,money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 PM, Wednesday,July 23,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas 3 City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 ID Attention: City Secretary Bid-Schanen Ditch Improvements Phase 2(Project No. E11073,FY2013-2014) I Invitation to Bid 0011 16-2 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 I I ARTICLE 8—AWARD OF CONTRACT � 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance,including Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION 1 J Invitation to Bid 001116-3 Schanen Ditch Improvements Phase 2 Project No. E11073 11-25-2013 00 72 01 INSURANCE REQUIREMENTS IARTICLE 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: Mlibkirtir Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard i 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-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 1 Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ®Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price El Required ® Not Required 1I. Installation Floater Equal to Contract Price ❑ Required ® Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required ® Not Required i 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. EP 1 Insurance Requirements 00 72 01-1 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 I I I 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. J. 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 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 1 N 2. Claims for damages because of bodily injury,occupational sickness or disease,or death { 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; i 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 5. 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 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, lsupplies,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; 1 Insurance Requirements 00 72 01-3 Schanen Ditch Improvements Phase 2 Project No.E11073 iiirrr ` REV 03-17-2014 1 I I 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 to3 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 all 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. 3 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 I Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 I 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 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 007201-5 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 J 3 3 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,by3 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. 3 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 otherwise3 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 303 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 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 RIGHTS3 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 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 I 1 B. All policies purchased in accordance with this Section are to contain provisions to the effect f 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. L 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, El 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. I 1.07 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 y ( any event,Contractor is fully responsible for all losses arising out of,resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT,named insureds,or i additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy c B. Provide a list oflimits"AdditionalanddeduInsuredstibles. "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 Texas Insurance Code§1811.101;or Insurance Requirements 00 72 01-7 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 I I 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 3 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 Attn:Construction Contract Admin. P.O. Box 9277 1 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 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 i i insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 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 y accepted by the governmental entity. y 3. Persons providing services on the Project("Subcontractor" in§406.096)-includes all persons or entities performing all or part of the services the Contractor has L 1 undertaken to perform on the Project,regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. I This includes,without limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity,or 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. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements 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 jbeing awarded the Contract. 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 period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide } to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all 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 of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the 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 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 prescribed by the Texas Workers'Compensation Commission,informing all persons Insurance Requirements 00 72 01-9 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-17-2014 i II I providing services on the Project that they are required to be covered,and stating how a 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: 3 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 of111 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: 3a. 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 materially3 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 3 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 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 the3 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. I Insurance Requirements 00 72 01-10 Schanen Ditch Improvements Phase 2 Project No.E11073111 REV 03-17-2014 I END OF SECTION [ l Insurance Requirements 00 72 01-11 t Schanen Ditch Improvements Phase 2 Project No.E11073 iirr.. REV 03-17-2014 iLi i 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Freese and Nichols,Inc. B. In all specifications,"Engineer"will be interchangeable with"Designer." ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site,inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials,and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: rommarlictivtio,r7 January 3 July 3 } February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 00 73 00-1 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 I I 3. A total of 15 rain days have been set for this Project. An extension of time due to rain days will be considered only after 15 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site,are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: / 5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS,SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage 3 of the Contract Price, using its own employees." END OF SECTION 3 I 3 I I Supplementary Conditions 00 73 00-2 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 1 00 52 23 AGREEMENT This Agreement,for the Project awarded on October 14,2014 , is between the City of Corpus Christi (Owner)and Saenz Brothers Construction, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Schanen Ditch Improvements Phase 2—Proj. No. E11073 The project continues improvements to the lower reach of Schanen Ditch, a major drainage channel for the City of Corpus Christi. Improvements include improved outfalls into the channel with new headwalls, wingwalls, reinforced concrete pipe, and rip-rap, as well as excavation and grading to address existing sloughed or damaged areas of the channel, and to establish the proper side slopes for the channel, and to provide slope protection for the side slopes. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N. Shoreline Blvd. Suite 1600N Corpus Christi,TX 78401 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,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 110 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 140 days after the date when the Contract Times commence to run. Agreement 00 52 23-1 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500 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$500 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 Price $ 678,276.00 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. Agreement 00 52 23-2 Schanen Ditch Improvements Phase 2 Project No.E11073 REV 03-18-2014 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 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. Agreement 00 52 23-3 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost, progress,and performance of the Work; 2. The means, methods,techniques,sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 00 52 23-4 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 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. 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 01 00 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 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 The effective date of the Contract is / 6I't,4'.Jft ao/ 011/i. ATTEST CITY OF CORPUS CHRISTI T 1,1c2x,,,4. es 2a.'y City Secretary Natasha Fudge, P.E. Acting Director of Capital Programs APP ED AS TO LEGAL FORM L:........ii4-.: ((-4� fHUR Lt► „...)„,_„4 -Z--Ked-v gY ODUNCIL_1� st. City Attorney SECRETARY ATTEST(IF CORPORATION) CONTRACTOR Saenz Brothers Construction, LLC (Seal Below) By: tel/ i Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: President/Manager Vice President, Chief Executive Officer, or Chief Financial Officer 3226 North Victoria Road Address Donna, TX 78537 City State Zip 956/464-3400 956/464-3401 Phone Fax saenzbrothers@yahoo.com EMail Agreement 00 52 23-6 Schanen Ditch Improvements Phase 2 Project No. E11073 REV 03-18-2014 ►�► is 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:Wednesday,July 23,2014. 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—Schanen Ditch Improvements Phase 2,(Project No. E11073,FY 2013-2014) 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: #1 7/17/20144,d4,/,./5____ 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 Schanen Ditch Improvements Phase 2 Project No. E11073 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 003000-2 Schanen Ditch Improvements Phase 2 Project No.E11073 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 any 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 4516 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 3000-3 Schanen Ditch Improvements Phase 2 Project No.E11073 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 3004 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 Schanen Ditch Improvements Phase 2 Project No.E11073 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: Saenz Brothers Construction, LLC (typed or printed full legal name of Bidder) By: (individual's signature) Name: Fernando Saenz (typed or printed) Title: President/Manager (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 46-2285558 Address for giving notices: 3226 North Victoria Road Donna, Texas 78537 Phone: (956)464-3400 Email: saenzbrothers@yahoo.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 00 30 01 BID FORM EXHIBIT A Project: Schanen Ditch Improvements Phase 2, (Project No. E11073, FY 2013-2014) Owner: City of Corpus Christi, Texas Bidder: Saenz Brothers Construction, LLC Bid Date: 23-Jul-14 I OAR: TBD Designer: Freese and Nichols, Inc. Basis of Bid Item . ;• _, Estimated Description . Unit Unit Price I Extended It � I No. .• j Quantity Amount 1 Items in Base Bid Al Mobilization/Bonds/ Insurance LS $ 100,000.00 $ 100,000.00 1 A2 Dewatering/Control of Ground Water LS 1 $ 10,000.00 $ 10,000.00 A3 Channel Compacted Backfill CY 3,880 $ 8.00 $ 31,040.00 A4 Channel Excavation CY $ 5.50 $ 13,860.00 2,520 A5 Remove Vegetation, Clean and Reseal Exist.Joints and Cracks LS 1 $ 25,000.00 $ 25,000.00 A6 Remove Debris from Existing Culverts and Channel i LS1 $ 25,000.00 $ 25,000.00 A7 SF 6"Thick Reinforced Concrete Rip-Rap 10,000 $ 9.00 $ 90000.00 , i A8 $ 7.00 $ 2,905.00 Remove and Replace 4' Wide Conc. Sidewalk SF 415 A9 18" Dia. RCP(Class III) LF 28 $ 58.00 $ 1,624.00 A10 $ 89.00 $ 1,068.00 21" Dia. RCP(Class III) LF 12 i All 48" Dia. RCP(Class III) LF 6 $ 254.00 $ 1,524.00 Al2 $ 25.00 $ 1,150.00 Trench Safety LF 46 A13 $ 3,500.00 $ 17,500.00 Miter Cut Storm Outfall Pipe EA 5 A14 $ 8.00 $ 51,760.00 4" Topsoil SY 6,470 A15 $ 5.00 $ 32,350.00 Seeding for Erosion Control SY _ 6,470 A16 $ 6.00 $ 1,500.00 !' Block Sod SY 250 A17 $ 3.50 $ 8,365.00 Silt Fence for Storm Water Pollution Prevention LF 2,390 A18 $ 9.00 $ 540.00 12" Erosion Control Log LF 60 A19 $ 27,500.00 $ 27,500.00 Storm Water Pollution Prevention Control LS 1 A20 Temporary Erosion Control Blanket, Excel S-2 SF 58,230 $ 3.00 $ 174,690.00 A21 $ 1,500.00 $ 1,500.00 Traffic Control LS 1 A22 Remove and Dispose of 24" CMP & Headwall, &Steel Cage LS 1 $ 1,500.00 $ 1,500.00 A23 Security Grate for 66" CMP Outfall LS 1 $ 4,500.00 $ 4,500.00 A24 $ 85.00 $ 3,400.00 1-1/2" Dia. Steel (Sch. 40) Galv. Handrailing LF 40 A25 Unanticipated Storm Water Improvements LS 1 $ 50,000.00 $ 50,000.00 TOTAL PROJECT BASE BID (Base Bid Line Item Al through A25) I $ 678,276.00 Contract Times IBidder agrees to reach Substantial Completion in 110 days IBidder agrees to reach Final Completion in 140 days 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. 0 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: Saenz Brothers Construction, LLC (typed or printed) By: (signat e—attach evidence of authority to sign) Name: Fernando Saenz (typed or printed) Title: President/Manager Business address: 3226 North Victoria Road Donna. Texas 78537 Phone: (956) 464-3400 Email: saenzbrothers@yahoo.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Schanen Ditch Improvements Phase 2 Project No. E11073 11-25-2013 AIC 0000128259 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 29th day of August,2014. Attested and Certified Arch Insurance Company ofast_ce ea ( / 0.3_, 't/ ,+• • I SEAL + '111046_ " 1�� il kfjf:------ Patrick K. Nails, Secretary David M. in e stein, Executive Vice President NISWifi STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEAL-1p Of PVINISYLVANIA NOTARIAL SEAL `a Publk City of Madill**,Ma. eJiyCcov,asNa,Expinsoctober " 17fiiihelen - - Szafran, tary Publi My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 29, 2014 on be�a6►f$�t� 'q fpersons)as listed above is a true and correct copy and that the same has been in full force and effect since the date thesti44Ittf;I Jt f 'r and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who execute t4$. ower prAtt rley as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected, ep#,tl ")/ic( rd6ilent of the Arch Insurance Company. � 0 .` IN TE ISAON/y•WI-FARE k have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this_L.. day of_ kW,"r , 20_k . 'seP ..... � , tri/ /11P i et....,A, Patrick K. Nails,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division J,(1 � 3 Parkway,Suite 1500 Philadelphia,PA 19102 ‘ritt '. (,LRIti7RATE 4 a U S9 $/ 1971 Envoi 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. AIC 0000128259 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. 111 ThWkwarMAtimWney limits the Bats of those n lmed herein, and the n aiglrJW1 Ind the Company except in the iarfne=and-andthe extent herein stated. Not ve i for Mortgage, Note, an alter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POOF ATTORNY Know All Persons By These Presents: Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri ipal Saenz Brothers Construction,LLC Surety Arch Ins nce Company Signature: Signature: Zcrtu1 7TL Name: re rn' tdO SQ-o h Z Name: Sophinie Hunter Title: prey j01011Z— Title: Attorney-In-Fact Email Address:, Scre/72 h,7,,_etik,.( Email Address: Sophie.Hunter@.aon.com /()(/yr) (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 ISSUED IN (4) FOUR COUNTERPARTS 00 61 16 PAYMENT BOND I BOND NO. SU1129455 Contractor as Principal Surety Name: Saenz Brothers Construction, LLC Name: Arch Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 3226 North Victoria Road 3 Parkway, Suite 1500 Donna,TX 78537 Philadelphia, PA 19102 Physical address(principal place of business): Owner 3 Parkway, Suite 1500 Name: City of Corpus Christi,Texas Philadelphia, PA 19102 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: Missouri 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): 866-472-8845 #E11073 Schanen Ditch Improvements Phase 2 FY 2013-14 Telephone (for notice of claim): 866-472-8845 Local Agent for Surety Aon Risk Services Southwest, Inc- Name: Ricardo J. Reyna Award Date of the Contract: October 14, 2014 Address: 2711 North Haskell Avenue, Suite 800 Contract Price: $678,276.00 Dallas, TX 75204 Bond Telephone: 214-989-0000 Email Address: Ricardo.Reyna@aon.com Date of Bond: October 16, 2014 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this 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 Saenz Brothers Construction,LLC Surety Arch Insurance Company Signature: Signature: a itu �f,V) Name: Fernando Scant Name: Sophinie Hunter Title: prPS/Cien& Title: Attorney-In-Fact Email Address:aef24rOj)r3OyahJ . Email Address: Sophie.Hunter@aon.com c (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 ISSUED IN (4) FOUR COUNTERPARTS 00 61 13 PERFORMANCE BOND `i BOND Na SU1129455 Contractor as Principal Surety Name: Saenz Brothers Construction, LLC Name: Arch Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 3226 North Victoria Road 3 Parkway, Suite 1500 Donna,TX 78537 f Philadelphia, PA 19102 Physical address (principal place of business): Owner 3 Parkway, Suite 1500 Name: City of Corpus Christi,Texas Philadelphia, PA 19102 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: Missouri Corpus Christi,Texas 78401 I 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): 866-472-8845 #E11073 Schanen Ditch Improvements Phase 2 FY 2013-14 Telephone (for notice of claim): 866-472-8845 Local Agent for Surety Aon Risk Services Southwest, Inc- Name: Ricardo J. Reyna Award Date of the Contract: October 14, 2014 Address: 2711 North Haskell Avenue, Suite 800 Contract Price: $678,276.00 Dallas, TX 75251 Bond Telephone: 214-989-0000 Email Address: Ricardo.Reyna@aon.com Date of Bond: October 16, 2014 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 7-8-2014 • Wildwood Trail Phase I in Kingsville, Texas Contract amount of$1,481,998.00. • PSJA Middle School in San Juan, Texas Contract amount of$462,122.00. • El Central Mall No. 4 in Pharr Texas Contract amount of$2,420,979.00. • Transmaritime in Pharr, Texas Contract amount of$540,726.00. • South Fork Subdivision in Pharr, Texas Contract amount of$3,385,094.00. Saenz Brothers Construction, LLC, Have completed the Following Projects: • Alamo Middle School in Alamo Texas Contract amount of$320,544.00 • Jack McKeever Elementary in Alamo Texas • Weslaco Water Treatment Plant in Weslaco, Texas Contract amount of$432,705.00. • Pharr Produce Subdivision Phase I in Pharr Texas Contract amount of$2,357,099. Services Saenz Brothers Construction, LLC provide: • Installation of water line • Installation of sewer line • Installation of drainage line • Boring • Excavation • Paving • Curb and gutter SAENZ BROTHERS CONSTRUCTION, LLC 3226 North Victoria Road Donna, Texas 78537 (956) 464-3400 Fax (956) 464-3401 saenzbrothers@yahoo.com MANAGEMENT OF SAENZ BROTHERS, LLC The company is owned and operated by four brothers: Fernando Saenz (President) Ramon Saenz (Vice President) Arturo Saenz (Secretary) Manuel Saenz (Treasurer) The brothers have been in the business of underground utilities for about 25 years. The brothers worked for over 10 years with Pate and Pate of Houston, Texas, the largest utility construction company, where they got their initial experience, in all facets of underground utility work. In 2002 the brothers moved to the Rio Grande Valley where they continue to this day in the same line business. From 2002 to 2012, The Saenz Brothers started Saenz Utilities, LLC and worked on the following projects: • 29th Street sanitary sewer line Project at McAllen, Texas Contract amount of 2,600,000. • Pharr Downtown Drainage Project at Pharr, Texas Contract amount of$2,200,000. • A decommission septic tanks and connect houses to sewer system Project at Penitas, Texas Contract amount of$3,200,000. • Water Treatment Plant Project at Weslaco, Texas Contract amount of$4,785,000. From 2012 to present after leaving Saenz Utility Contractors, Fernando, Ramon, Arturo and Manuel Saenz started Saenz Brothers Construction, LLC and are currently working on the following projects: 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: Schanen Ditch Improvements Phase 2 Project No. E11073, FY 2013-2014 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: Saenz Brothers Construction, LLC (typed or printed) By: (sig ature--attach evidence of authority to sign) Name: Fernando Saenz (typed or printed) Title: President/Manager Business address: 3226 North Victoria Road Donna, Texas 78537 Phone: (956)464-3400 Email: saen7brothers@yahoo_com END OF SECTION Non-Collusion Certification 00 30 06-1 Schanen Ditch Improvements Phase 2 Project No.E11073 11-25-2013 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: Fernando Saenz Title: President/Manager (Type or Print) Signature of Certifying .,=„...Z___ Date: 4,,,, 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 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Saenz Brothers Construction. LLC P.O.BOX: STREET ADDRESS: 3226 North Victoria Road CITY: Donna. Texas ZIP: 78537' FIRM IS: I. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other Limited Liab1 tty Company DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) None N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title None N/A 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee None N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant None N/A Hidalgo County Arturo Guajardo Jr. County Clerk 1111111111111111111 Edinburg,TX 78540 70 2013 02457508 Instrument Number: 2013-2457508 As Recorded On: October 21,2013 Recording Parties: Billable Pages: 1 To Number of Pages: 2 Comment: CONFLICT OF INTEREST ** Examined and Charged as Follows: ** Recording 26.00 Total Recording: 26.00 ************ THIS PAGE IS PART OF THE INSTRUMENT************ Any provision herein which restricts the Sale,Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number. 2013-2457508 SAENZ BROTHERS CONSTRUCTION Receipt Number. 1395003 3226 NORTH VICTORIA ROAD Recorded Date/Time: October 21,2013 02:21P DONNA TX 78537 User/Station: I Hidalgo-Cash Station 04 !TATE OF TEXAS COUNTY OF HIDACOO 1•05, .. ...0):'i. •`."e +,err, I hereby certify that this Instrument was FILED In the File Number sequence en the dataMme 4%.1; �s� printed heron,end was duly RECORDED In the Official Records of Hidalgo County,Texas J' ARuro GuaJardo Jr. • County Clerk '•4, ySy:'. Hidalgo County,TX • EXHIBIT "D" 2457508 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.11111,80th Log.,Regular session. OFFICEUSEONLY This questionnaire is being Bed to accordance with Chapter 176,Local Government Code Ogre Peca,vad by a person who hese business retatianship 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 mustbe filed with the records administrator of the local governmental entity not later than the 71h 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. None 5 qz.._ ,v-1-Ier. ((AA l ct i 2 Ll �Bheck this box if you are filing an update to a previously filed questionnaire. Lot'(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.) Name of local government*Nicerwhh whom filer has employment or business relationship. NOM Name of Officer This section(itern 3 including subparts A. B. C&0) 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 Cit]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 tiler of the questionnaire? n 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? -h�N� Yes E Jo C Is the filer of this questionnaire employed�l �lby a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownershp of 10 percent or more? EDYes 0.Describe each employment or business relationship with the local government officer named in this section. ltd— �•• .() Signature of person doing business with tin governmental entity pate 'F ��"CJ S� Z Adopted 0612412007 r � ARCH Insurance Company ARCH Surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact William J. Misero, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: William J. Misero 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 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.0, Box 149091 Austin, TX. 78714-9091 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning disur pute premium not �esor bved,out ayouclaim mayyou contact thecontact Texas agent or the company first. p Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Printed in U.S.A. (Ed. 4/12) ACERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 11/6/2014 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 Consuelo Cavazos, CISR McAfee Insurance Agency PHONE (956)565-2481 FAX (A/C No.FxtL• P. O. Box 625 E-MAIL ADDRESS: J consuelo@mcafeea encY com 321 Second Street INSURER(S) IA/C•Nol:(956)565-2733 AFFORDING COVERAGE NAIC# Mercedes TX 78570 INSURER A:Ironshore Specialty Ins. Co. INSURED INSURER B Allstate County Mutual ACM Saenz Brothers Construction, LLC V INSURER c:Texas Mutual Ins. Co. 3226 N Victoria Rd INsuRER D:Hanover Insurance Company INSURER E:Torus National Ins Co Donna TX 78537 INSURER F: COVERAGES CERTIFICATE NUMBER:2014-2015 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 ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED / PREMISES(Ea occurrence) $ 50,000 A CLAIMS-MADE X OCCUR X Y AGS0041901 4/23/2014 4/23/2015 MED EXP(Any one person) $ 5,000 / PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $7 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I c I jE Ti LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X (Ea accident) $ 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED x y 648638635 4/23/2014 4/23/2015 BODILY INJURY(Peraccident)—$� AUTOS _ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ j AUTOS (Per accident) / Uninsured motorist combined $ 100,000 UMBRELLA LIAB X OCCUR / EACH OCCURRENCE $ 1,000,000 E x EXCESS LIAB CLAIMS-MADE 76833L140ALI vvv 11/6/2014 4/23/25 AGGREGATE $ / 1,000,000 DED RETENTION$ $ C WORKERS COMPENSATION YWC STATU- 0TH- ANDEMPLOYERS'LIABILITY X TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A TSF0001251512 4/23/2014 4/23/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $/ 1,000,000 B yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractors Equipment IHD992901501 4/30/2014 4/30/2015 Leased or Rented from Others $250 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project # - E11073 Project Name - Schanen Ditch Improvements Phase 2 FY 2013-14 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi - Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Construction Contract Admin P 0 Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi, TX 78469 `� Robert R Garza/CO eiei� le _.5- ,-.,,- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mmnnc ni Tho Ar`(1Rrl name and Inn's aro ronicfororl markt of enriort (gAllstate, Vou're in good hands. CI TX A02 10 11 TEXAS CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms,exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. Named Insured: CITY OF CORPUS CHRISTI - SAENZ BROTHERS CONSTRUCTION, LLC ENGINEERING 3226 N VICTORIA RD PO BOX 9277 DONNA TX 78537-5774 CORPUS CHRISTI, TX USA 784699277 Automobile Liability Insurer Name:Allstate Insurance Company Policy Number: 648638635 x 1--Any Auto 2-Owned Autos Only 3-Owned Priv.Pass.Autos Only 4--Owned Autos Other Than Priv. 5-Owned Autos Subject to 6-Owned Autos Subject to a Compulsory UM Law Pass.Autos Only No Fault 7--Specifically Described Autos 8-Hired Autos Only 9-Nonowned Autos Only Policy Effective Date: 04-23-2014 Policy Expiration Date: 04-23-2015 Limits of $1,000, 000 Combined Single Limit(each accident) Insurance' BI Per Person BI Per Accident PD Per Accident Description of Operations/LocationsNehides/Endorsements/Special Provisions NOV 1 7 2014 Interested Party Type: Additional Insured - Project Owner THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES)MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer. MCAFEE INS AGENCY Authorized Representative: Date: amu:" Includes copyrighted material of Insurance Services Office, Inc., with its permission BU114R-3 CI TX A02 10 11 Allstate County Mutual Insurance Company Page 1 of 1 Additional Insured Copy ( )Allstate. You're in good hands. POLICY NUMBER: 648638635 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11-05-2014 Countersigned By: Named Insured: SAENZ BROTHERS CONSTRUCTION, LLC (Authorized Representative), SCHEDULE Name of Person(s) or Organization(s): CITY OF CORPUS CHRISTI - ENGINEERING PO BOX 9277 CORPUS CHRISTI, TX USA 784699277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. BU174R-3 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ Additional Insured Copy POLICY NUMBER: AGS00419O1 V COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by written contract. If required by your agreement with such Additional Insured, this insurance shall be primary insurance and non-contributory for that Additional Insured. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4, Other Insurance, subparagraph c. , Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AGS0041901 V COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket as required by written contract and Blanket as required by contract. effective during the policy period as stated on the Primary Insurance: It is agreed that such insurance policy declarations. as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s)shall be excess and non contributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim, loss or liability determined to arise or result from the additional insured's sole negligence or willful misconduct. The insurance afforded by this policy for the benefit of the additional insured does not apply to 'property damage'to any building,structure or appurtenant structure intended to be occupied as a 'private residence'. The term "private residence" includes single family homes or residences, multi-family homes or residences, condominiums, townhomes. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AGS0041901 V COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where as Required by Written Contract Information required to complete the Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 / Policy No # 648638635 r COMMERCIAL AUTO AA TX 20 10 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. V BUSINESS AUTO ENHANCEMENT ENDORSEMENT TEXAS Coverage provided under this policy is modified by the attachment of this endorsement If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s) of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I -COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Under A. Coverage, Who Is An Insured, the following Substitute and Leased Autos is added: If Physical Damage Coverage is provided by this d. Any organization, other than a partnership or joint policy, the following kinds of"autos"are covered venture, over which you maintain ownership or in "autos"for the same coverages provided by the which you hold a majority interest. This provision applies only if there is no similar insurance provided policy: to that organization. 1. Any private passenger "auto", or other than e. Any organization you acquire or form after policy private passenger vehicle with gross vehicle inception, other than a partnership or joint venture, weight of 20,000 lbs. or less, you do not own over which you maintain ownership, or in which while used with the permission of the owner as you hold a majority interest. Coverage under this a temporary substitute for a covered "auto"you provision does not apply; own that is out of service because of its: (1) If there is similar insurance provided to that a. Breakdown; organization; or (2) To "bodily injury" or "property damage" that b. Repair; occurred before you acquired or formed the c. Servicing; organization.id. "Loss"; or f. Any person or organization that you are required to name as an additional insured under the terms of a e. Destruction. written job contract, or by written insurance 2. Private passenger "autos"and other than private requirements executed prior to any covered "loss" passenger vehicles with gross vehicle weight of or claim. This protection applies only if the person 10,000 lbs. or less, leased, hired, rented, or or organization is liable for the conduct of an borrowed for a period of 30 days or less. This "insured"and only to the extent of that liability. does not include any vehicle you lease, hire, rent, or borrow from any of your "employees" Under A. Coverage, Coverage Extensions, or partners or members of their households. Supplementary Payments, subparagraphs (2) and (4) are replaced with the following: In SECTION II — UABIUTY COVERAGE, the following changes are made: Includes copyrighted material of Insurance Services Office, Inc., with its permission AA TX 20 10 11 Allstate County Mutual Insurance Company Page 1 of 3 Insured Copy (2) Up to $5,000 for cost of bail bonds (including (4) Costs for extended warranties, Credit bonds for related traffic law violations) required Life Insurance, Health, Accident or because of an "accident" we cover. We do not Disability Insurance purchased with the have to furnish these bonds. loan or lease; and (4) All reasonable expenses incurred by the"insured" (5) Carry-over balances from previous loans at our request, including loss of earnings up to or leases. $500 a day because of time off from work. Under D. Deductible, the following paragraph is added: Under B. Exclusions, Fellow Employee, the following When Collision Coverage is provided by this paragraph is added: policy, the deductible amount will not be But this exclusion does not apply to "bodily injury" to subtracted from the loss payment in collisions a fellow "employee" caused by any person whose involving your covered "auto"and another auto position within the insured organization is at or above covered by Allstate Insurance Company or any the level of manager or supervisor. of it's affiliates. Coverage afforded by this provision is excess over any other collectible insurance. In SECTION IV - BUSINESS AUTO CONDITIONS, the following changes are made: In SECTION III - PHYSICAL DAMAGE COVERAGE, the following changes are made: Under A. Loss Conditions, Duties In The Event Of Accident, Claim, Suit Or Loss Condition, the following is added under subpart a: Under A Coverage, Coverage Extensions, the following is added: Knowledge of an "accident" or "loss" by any of your agents, servants or "employees" shall not c. Personal Effects Coverage in itself constitute knowledge by you, unless In the event of a total theft of your covered "auto", you or one of your corporate officers or for which you carry either Comprehensive or managers, or any assignee, shall have received Specified Causes of Loss coverage, we will pay up such notice from the agent, servant or to $500 for the personal effects which are: "employee". 1. owned by you; and 2. in your covered "auto"at the time of the total theft When you report an occurrence of any of such "auto". "accident" or"loss"to a Worker's Compensation carrier or self insured plan providing the named No deductible applies to Personal Effects Coverage. insured's Worker's Compensation insurance which later develops into a claim submitted Under A. Coverage, the following is added: under this policy, failure to report such 5. Lease and Loan Gap Coverage "accident"or "loss" to us at the same time shall not be deemed a violation of this condition. In the event of a total "loss" to a covered "auto" After you become aware of such liability claim shown in the Schedule or Declarations for which a arising from the "accident" or "loss", you must specific premium charge indicates that physical give us prompt notice. damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: Under A Loss Conditions, Transfer of Rights of a. The amount paid under the Physical Damage Recovery Against Others To Us, the following Coverage section of the policy; and is added: b. Any: We waive any right of recovery we may have against any person or organization because of (1) Overdue lease/loan payments at the time of the"loss"; payments we make for injury or damage arising out of work you perform under a contract with (2) Financial penalties imposed under a such person or organization, in which you have lease for excessive use, abnormal wear agreed to waive your right of such recovery. and tear or high mileage; (3) Security deposits not returned by the lessor; Includes copyrighted material of Insurance Services Office, Inc., with its permission AA TX 20 10 11 Allstate County Mutual Insurance Company Page 2 of 3 Insured Copy Under B. General Conditions, Concealment, Misrepresentation Or Fraud, the following is added: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc., with its permission AA TX 20 10 11 Allstate County Mutual Insurance Company Page 3 of 3 Insured Copy POLICY NUMBER: 648638635 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11/5/2014 Countersigned By: Named Insured: Saenz Brothers Construction, LLC (Authorized Representative) 1/ SCHEDULE Number of Days' Notice 30 Y Name Of Person Or Organization City of Corpus Christi-Engineering Address P 0 Box 9277, Corpus Christi,TX 78469 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 POLICY NUMBER:AGS0041901 COMMERCIAL GENERAL LIABILITY CG 02 05 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi-Engineering 2. Address: P 0 Box 9277, Corpus Christi,TX 78469 3. Number of days advance notice: 30 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsements.) CG 02 05 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 TexasMut1® Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 V 2. Notice will be mailed to: CITY OF CORPUS CHRISTI - ENGINEERING P 0 BOX 9277 CONSTRUCTION CONTRACT ADMIN CORPUS CHRISTI , TX 78469-9277 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on Nov emb e r 5 , 2014 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001251512 20140423 of the Texas Mutual Insurance Company Issued to SAENZ BROTHERS CONSTRUCTION, LLC Endorsement No. 4 Premium$ 0.00 44.42 ethceif ** ** Authorized Representative ** WC420601(ED.1-94) INSURED'S COPY WASENDRS 11-05-2014 ® WORKERS COMPENSATIONBILITYINSURANCE ANDPOLICY EMPLOYERS exasI1Iuuia..i Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 ,00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001251512 20140423 of the Texas Mutual Insurance Company Issued to SAENZ BROTHERS CONSTRUCTION, LLC Endorsement No. Premium$ 1/74/LAe.046.15,44---- Authorized Representative WC420304A(ED.1-01-2000) INSURED'S COPY °USER 4-16-2014