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HomeMy WebLinkAboutC2015-001 - 1/13/2015 - Approved 2015-001 ., _._. . . _. , . ,_. „ __, 1/13/15 Ord. 030392 National Power Rodding Corp. CONTRACT DOCUME 1 FOR CONSTRUCTION OF , ._ } CEFE VALENZUELA LANDFILL ., PAVEMENT LIFE CYCLE ., t REPLACEMENT PROJECT NUMBER 5232 N j / i- < f Y N '''+.� ' r S 1,:rs a4a ;� �.s.r' � x mow; G• rp +.�g��� } kitagi46*'*41 - '141P,110413 CitY O f ...., ow " . ,_ Criristi" ,................„,....„,, .... „Of 7-4.; %, IP': , g. •* , September 5, 2014 JCIHN 14 1J 9 _.e'.. 113903 1:k.: t!t'0..,-ICii v, .,. y. I S"t .':'''.,C#1.1"' `ecord Drawing Number SLF 128 r3 _ ''`'" 00 0100 TABLE OF CONTENTS Division/ Title Section w. Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form(Rev 7/3/2014) 00 30 01 Bid Form Exhibit A(Rev 7/3/2014) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 7/3/2014) 00 61 13 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/ DBE Participation Policy 00 73 00 Supplementary Conditions ire Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment 01 3100 Project Management and Coordination 0131 13 Project Coordination `r 01 31 14 Change Management 0133 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) 0133 02 Shop Drawings Table of Contents 00 0100-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 rrr lit Division/ Section Title 01 33 03 Record Data , 01 33 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation I 0135 00 Special Procedures 0140 00 Quality Management , 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements Part S Standard Specifications 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavation 022040 Street Excavation 022080 Embankment I 022100 Select Material 022420 Silt Fence J 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment and Seal Coats 025418 Surface Treatment 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings(Painted or Thermoplastic) I 027402 Reinforced Concrete Pipe Culverts 028020 Seeding 030020 Portland Cement Concrete Part T Technical Specifications T01 Flexible Base T02 Cement Treatment T03 Sign Assemblies with Aluminum Signs (Type A) T04 Removal of Signs T05 Speed Hump Table of Contents 00 0100-2 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 v Division Title Section T06 Swing Arm Gate T07 Safety End Treatment T08 Rock Filter Dams T09 Construction Exit T10 H MAC Driveways T11 Conduit—Concrete Encased Appendix Title 1 Geotechnical Study END OF SECTION L Oa L r. MEP Table of Contents 00 0100-3 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 1 0011 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: Cefe Valenzuela Landfill Pavement Life Cycle Replacement Project Number 5232 • Reconstruction of the Cefe F. Valenzuela Landfill Access Road, from the Landfill Operations area to County Road 20, a distance of approximately 9,550 feet. The roadway is being widened to provide paved shoulders on both sides of the roadway. The existing asphalt pavement structure shall be recycled, blended with new base material, and treated with cement. Hot mix asphalt concrete shall be constructed over the base material. • Reconstruction of County Road 20, from the Cefe F. Valenzuela Landfill Access Road to FM 2444, a distance of approximately 3,450 feet. The roadway is being widened to provide paved shoulders on both sides of the roadway. The existing asphalt pavement structure shall be removed and replaced with new flexible base material, and treated with cement. Hot mix asphalt concrete shall be constructed over the base material. • Maintenance of traffic on both roadways to and from the Cefe F. Valenzuela Landfill during construction. • Installation of erosion and sediment control measures, minor drainage improvements, roadside signs and pavement markings, and concrete encased conduits. 1.02 The p Engineer's Opinion of Probable Construction Cost for the Project is$4,870,000. The Project is to be substantially complete and ready for operation within 300 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 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. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. L Invitation to Bid 0011 16-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 11-25-2013 I ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on September 23, 2014, at I 10:30 a.m. at the following location: City Hall, 3rd Floor, Capital Programs Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS I 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation I Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. I 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. I 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. I 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. I 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. I Invitation to Bid 0011 16-2 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 1 L ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 p.m.on October 8,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Cefe Valenzuela Landfill Life Cycle Pavement Replacement Project No. 5232 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 L I I L L Invitation to Bid 0011 16-3 �� Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: { Type of Insurance Minimum Insurance Coverage Commercial General Liability including p 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence hir 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 Imp Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required M Not Required Ire discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required ® Not Required `" Installation Floater Equal to Contract Price ❑ Required ® Not Required hie Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required ® Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Yir Insurance Requirements 00 72 01-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 ii.. 3 3 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 3 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 Liability3 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 3 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 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 1 .. 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). r'' B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 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) tr. 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, supplies, machinery, fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: �r. 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; sr f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and limp Insurance Requirements 00 72 01-3 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 2 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to 3 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 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal 3 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 3 Supplementary Conditions as additional insureds. I Insurance Requirements 00 72 01-4 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 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. h" 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 bta meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE r.. 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 a. 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 ire 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 occasioned by enforcement of Laws and Regulations; water damage (other than that i`. Insurance Requirements 00 72 01-5 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 3 3 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity,and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. vi9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. 3 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 RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 bur 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. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses tem and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or 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 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: imp 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. 1r 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 IMO Texas Insurance Code§1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 t. 3 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies,declaration pages and endorsements, and 3 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: 3 City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 3 3 Insurance Requirements 00 72 01-8 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 saw 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 accepted by the governmental entity. 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 undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers,owner-operators, employees of any such entity, or 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. tot 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 being awarded the Contract. >r. 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 Ir 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 fr. 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 1., 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 tow 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 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. Insurance Requirements 00 72 01-9 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 1r 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 3 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs(1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation 3 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 the 1 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 3 END OF SECTION 3 Insurance Requirements 00 72 01- 10 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 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. air 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 rog Kleinfelder Frontier Surveying Company ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS l" 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 bat 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. hop 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 r,. greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 Supplementary Conditions 00 73 00-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 I 3. A total of 30 rain days have been set for this Project. An extension of time due to rain days will be considered only after 30 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule 3 resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions 3 Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Geotechnical Study, Co. Rd. 20/Cefe F Valenzuela Landfill, Landfill Entrance Road Improvements, Nueces County,TX; Published by: Kleinfelder, Corpus Christ,TX; Publication Date: March 2013—The Geotechnical Study is included as Attachment Al in the Contract Documents. The Contractor may rely on the following Technical Data in using this document: 1) As described in GC 5.03.B 3 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) include the following: None SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES SC-6.01 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION I I 3 Supplementary Conditions 00 73 00-2 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 3 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 13,2015 is between the City of Corpus Christi (Owner)and Haas-Anderson Construction, Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cefe Valenzuela Landfill Pavement Life Cycle Replacement Project No. 5232 Reconstruction of the Cefe F.Valenzuela Landfill Access Road,from the Landfill Operations area to County Road 20, a distance of approximately 9,550 feet. The roadway is being widened to provide paved shoulders on both sides of the roadway. The existing asphalt pavement structure shall be recycled, blended with new base material, and treated with cement. Hot mix asphalt concrete shall be constructed over the base material. Reconstruction of County Road 20,from the Cefe F.Valenzuela Landfill Access Road to FM 2444,a distance of approximately 3,450 feet. The roadway is being widened to provide paved shoulders on both sides of the roadway. The existing asphalt pavement structure shall be removed and replaced with new flexible base material, and treated with cement. Hot mix asphalt concrete shall be constructed over the base material. Maintenance of traffic on both roadways to and from the Cefe F.Valenzuela Landfill during construction. Installation of erosion and sediment control measures, minor drainage improvements, roadside signs and pavement markings, and concrete encased conduits. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Kleinfelder 5022 Ambassador Row Corpus Christi, TX 78416 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 Agreement 00 52 23-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 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 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 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$800 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$800 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. Agreement 00 52 23-2 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 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 $ 3,757,566.25 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 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. Agreement 00 52 23-3 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods,techniques, sequences,and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Agreement 00 52 23-4 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 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. Agreement 00 52 23-5 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 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; D. CITY SECRETARY for the City. Agreement 00 52 23-6 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV07-03-2014 The Effective Date of the Contract is ... 41714,9-71-12 02-0(S—. ATTEST CITY OF COR S CHRISTI T ?ft City Secretary Je Ss-maker, P.E. Acting Director of Capital Programs APPROVED AS TO LEGAL FORM: 0.1(4, ��� 2 U I t1l1K�c� !Y COUNCIL• ....._.�.��. c Asst. City Attorney SECRETARv ATTEST(IF CORPORATION) CONTRACTOR Haas-Anderson Constr ction, •. (Seal Below) By: "!f 1=i,: #F g, v'clas-14,14='son Manage ent, LL. Note: Attach copy of authorization to sign if Title: P. d. H .o r person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1402 Holly Rd. Financial Officer Address -- Corpus Christi, TX 78417 City State Zip 361/853-2535 Phone Fax rdake(athaas-anderson.com EMail END OF SECTION Agreement 00 52 23-7 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal submitted on: October 8, 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 -Cefe Valenzuela Landfill Pavement Life Cycle Replacement, Project No. 5232 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt to— a— I it ���----- a 10- 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 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 00 30 00-2 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 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 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to Bid Form 00 30 00-4 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 REV 07-03-2014 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: fl`MS — 4v'Açy, Chis-Prudion , La, (ty or printed full legal nae of Bidder) By: /� (individual's signature) Name: O.d, flens O �`' /' ,,{{ 6.1-(typed or printed)) /�Title: t sdel77/ fi44S�/f )&&on ., L.c�./ 6e^�! Aim (typed or printed) Attest: ai::c1:_., ,drew A, Cullen (individual's signature) State of Residency: TeetelS Federal Tax Id. No. as(215 Address for giving notices: p0. go 7is Carps C r;, ; , `-tX 7340 Phone: 34.1—M-8535 Email: aC //ei1eh995-4mdersDA. 40 Al (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 Cefe Valenzuela Landfill Pavement Life Cycle Replacement- Project No.5232 REV 07-03-2014 00 30 01 BID FORM EXHIBIT A Project Cefe Valenzuela Landfill Pavement Life Cycle Replacement Name: Project 5232 Number: Owner: City of Corpus Christi Bidder: Haas-Anderson Construction, Ltd. OAR: Designer: Kleinfelder, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION / DEMOBILIZATION LS 1 $190,000.00 $ 190,000.00 A2 STORMWATER POLLUTION PREVENTION PLAN LS 1 $ 6,000.00 $ 6,000.00 A3 TRAFFIC CONTROL LS 1 $ 45,000.00 $ 45,000.00 A4 OZONE DAY EA 3 $ 3,000.00 $ 9,000.00 SUBTOTAL PART A-GENERAL(Items Al thru A4) $ 250,000.00 Part B -CEFE VALENZUELA LANDFILL ACCESS ROAD IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS ) B1 STREET EXCAVATION SY 21,000 $ 2.25 $ 47,250.00 B2 SUBGRADE PREPARATION SY 13,000 $ 0.95 $ 12,350.00 B3 SELECT FILL CY 4,500 $ 21.00 $ 94,500.00 B4 12" RECYCLED ASPHALT FLEXIBLE BASE SY 40,000 $ 6.25 $ 250,000.00 B5 CEMENT TREATMENT (12") SY 40,000 $ 8.00 $ 320,000.00 B6 PRIME COAT (MC-30) GAL 5,600 $ 3.50 $ 19,600.00 B7 3.0" HMACP (TYPE B) SY 36,700 $ 13.00 $ 477,100.00 B8 2.5" HMACP (TYPE D) SY 35,700 $ 13.00 $ 464,100.00 B9 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 150 $ 5.75 $ 862.50 (W)(24")(SLD)(90 MIL) - STOP BAR B10 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 6,400 $ 1.75 $ 11,200.00 (W)(4")(SLD)(90 MIL) B11 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 200 $ 5.75 $ 1,150.00 (Y)(12")(SLD)(90 MIL) B12 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 6,600 $ 1.75 $ 11,550.00 (Y)(4")(SLD)(90 MIL) B13 SIGN ASSEMBLIES WITH ALUMINUM SIGNS (TYPE A) EA 20 $ 760.00 $ 15,200.00 B14 SPEED HUMP EA 8 $ 5,200.00 $ 41,600.00 B15 SEEDING SY 17,000 $ 1.00 $ 17,000.00 B16 SEDIMENTATION CONTROL FENCE LF 7,200 $ 4.75 $ 34,200.00 B17 ROCK FILTER DAM LF 40 $ 120.00 $ 4,800.00 B18 CONSTRUCTION EXIT EA 1 $ 2,000.00 $ 2,000.00 B19 3" DIA CONDUIT, CONCRETE ENCASED LF 50 $ 63.00 $ 3,150.00 SUBTOTAL PART B-CEFE VALENZUELA LANDFILL ACCESS ROAD IMPROVEMENTS (Items B1 thru B18) $ 1,827,612.50 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 1 OF 3 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part C -COUNTY ROAD 20 IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl STREET EXCAVATION SY 18,000 $ 2.25 $ 40,500.00 C2 SUBGRADE PREPARATION SY 14,800 $ 0.95 $ 14,060.00 C3 SELECT FILL CY 1,100 $ 21.00 $ 23,100.00 C4 12" FLEXIBLE BASE (TYPE A GRADE 1) (COMPLETE SY 14,800 $ 17.00 $ 251,600.00 IN PLACE) C5 CEMENT TREATMENT (12") SY 14,800 $ 8.00 $ 118,400.00 C6 PRIME COAT (MC-30) GAL 2,200 $ 3.50 $ 7,700.00 C7 4.0" HMACP (TYPE B) SY 350 $ 17.00 $ 5,950.00 C8 3.0" HMACP (TYPE B) SY 13,400 $ 13.00 $ 174,200.00 C9 2.5" HMACP (TYPE D) SY 13,300 $ 13.00 $ 172,900.00 010 HMACP DRIVEWAY SF 350 $ 9.25 $ 3,237.50 C11 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 60 $ 5.75 $ 345.00 (W)(24")(SLD)(90 MIL) - STOP BAR C12 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 2,400 $ 1.75 $ 4,200.00 (W)(4")(SLD)(90 MIL) C13 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 220 $ 5.75 $ 1,265.00 (Y)(12")(SLD)(90 MIL) C14 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 2,700 $ 1.75 $ 4,725.00 (Y)(4")(SLD)(90 MIL) C15 PREFABRICATED PAVEMENT MARKING TYPE C SF 150 $ 16.00 $ 2,400.00 (WHITE) (ARROW) C16 PREFABRICATED PAVEMENT MARKING TYPE C SF 100 $ 19.00 $ 1,900.00 (WHITE) (WORD) C17 SIGN ASSEMBLIES WITH ALUMINUM SIGNS (TYPE A) EA 7 $ 760.00 $ 5,320.00 C18 SEEDING SY 4,500 $ 1.00 $ 4,500.00 C19 SEDIMENTATION CONTROL FENCE LF 2,000 $ 4.75 $ 9,500.00 020 ROCK FILTER DAM LF 50 $ 120.00 $ 6,000.00 C21 CONSTRUCTION EXIT EA 2 $ 2,000.00 $ 4,000.00 C22 18" RCP LF 75 $ 66.00 $ 4,950.00 C23 SAFETY END TREATMENT EA 6 $ 1,700.00 $ 10,200.00 C24 4" DIA CONDUIT, CONCRETE ENCASED LF 50 $ 64.00 $ 3,200.00 C25 TRENCH SAFETY LF 75 $ 1.25 $ 93.75 SUBTOTAL PART C -COUNTY ROAD 20 IMPROVEMENTS (Items C1 thru C24) $ 874,246.25 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 OF 3 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part D-TEMPORARY ACCESS ROAD AND COUNTY ROAD 57 IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR D1 STREET EXCAVATION SY 22,000 $ 2.25 $ 49,500.00 D2 SUBGRADE PREPARATION SY 22,000 $ 0.95 $ 20,900.00 D3 20" FLEXIBLE BASE (TYPE A GRADE 1) (COMPLETE SY 22,000 $ 28.00 $ 616,000.00 IN PLACE) D4 ONE COURSE SURFACE TREAMENT SY 22,000 $ 1.90 $ 41,800.00 D5 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 60 $ 5.75 $ 345.00 (W)(24")(SLD)(90 MIL) - STOP BAR D6 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 5,200 $ 1.75 $ 9,100.00 (W)(4")(SLD)(90 MIL) D7 REFLECTIVE PAVEMENT MARKING TYPE 1 SF 5,200 $ 1.75 $ 9,100.00 (Y)(4")(SLD)(90 MIL) D8 SIGN ASSEMBLIES WITH ALUMINUM SIGNS (TYPE A) EA 9 $ 760.00 $ 6,840.00 D9 SWING ARM GATE EA 2 $ 2,900.00 $ 5,800.00 D10 SEEDING SY 13,500 $ 1.00 $ 13,500.00 D11 SEDIMENTATION CONTROL FENCE LF 3,500 $ 4.75 $ 16,625.00 D12 CONSTRUCTION EXIT EA 1 $ 2,000.00 $ 2,000.00 D13 18" RCP LF 110 $ 66.00 $ 7,260.00 D14 18" SAFETY END TREATMENT EA 4 $ 1,700.00 $ 6,800.00 D15 TRENCH SAFETY LF 110 $ 1.25 $ 137.50 SUBTOTAL PART D-TEMPORARY ACCESS ROAD AND COUNTY ROAD 57 IMPROVEMENTS (Items D1 thru D14) $ 805,707.50 BID SUMMARY SUBTOTAL PART A- GENERAL (Items Al thru A4) $ 250,000.00 SUBTOTAL PART B - CEFE VALENZUELA LANDFILL ACCESS ROAD IMPROVEMENTS $ 1,827,612.50 (Items Bl SUBTOTAL PART C - COUNTY ROAD 20 IMPROVEMENTS (Items Cl thru C24) $ 874,246.25 SUBTOTAL PART D -TEMPORARY ACCESS ROAD AND COUNTY ROAD 57 $ 805,707.50 IMPROVEMENTS TOTAL PROJECT BASE BID (PARTS A THRU D) $ 3,757,566.25 Disclaimer: Contractor may use this form at their own risk. Contractors will have total responsibility for calculations of costs. Contract Times Bidder agrees to reach Substantial Completion in 300 days Bidder agrees to reach Final Completion in 365 days ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 3 OF 3 "HAAS-ANDERSON CONSTRUCTION LTD. Herewith certifies that the unit prices shown on this print-out for bid items(including any additive or deductive alternates ) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. HAAS-ANDERSON CONSTRUCTION LTD.Acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid and further agrees that the official Totl Bid amount will be determined by multiplying the unit bid price shown in this print out by the respective estimated quantities shown in t - Proposal and then totaling the extended amounts. (Signature) C Aaas-Anderson Management,L,C, (Title ) ( Date ) ( ° %//4/ 7 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of I2"/ 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: 146,44,5---4erY04. s+-ud �, S ped or printed) By: ( ignature--attach evidence of authority to sign) Name: D O lags Q j I(ttyyped or printed) /� Title: (2?SSde.4+ S-4 (7'l } /Z4, O'v'e4� /4r tf&-' Business address: 401 (!jeCor u5 rise , f/�' 73447 Phone: 36-153-a53. Email: G/lle1?(9_ Ard—cnKQer 9, LoO4 END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02- 1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. /Y,4 riCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. I/4 Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? /v II- 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? ,014- Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local �goovernment officer serves as an officer or director, or holds an ownership of 10 percent or more? /" - Yes No D. Describe each employment or business relationship with the local government officer named in this section. 10-7— I Signature of person doing business with the governmental entity Date Adopted 06/29/2007 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 corpushDISCLOSURE 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. 61.51-ridiCOMPANY NAME: 11g9$_�de/S0•' !,h/ 144 P. O. BOX: 70) STREET ADDRESS: 1'a 4.1� CITY: 67„, ch,‘,./5 ZIP: 17310 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name x/� Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name /1/4 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name it,4" Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur.F T`fit i as Andyrsan Management,LC. Certifying Person: ad , qqs Title: ( C ler (Type or Print) Signature of Certifying Date: Person: (0`?`14 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Cefe Valenzuela Landfill Pavement Life Cycle Replacement Project Number 5232 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: qq5— 10 (typed or printed) By: (signature--attach evidence of authority to sign) Name: D,o, 9S �11� /� ,/ 1 (typed�Ior printed)/ /- / Title: �L.�i1PJ1'T, /1` `l71OIC�I"Sah r1 ,/ L.C� f CJ�herr l Business address: Hog. ari's1/41-3, r2g4f 17 1� Phone: E``702— o� Email: keg e,h99.1-44der. ,a4 4/41 END OF SECTION Non-Collusion Certification 00 30 06-1 Cefe Valenzuela Landfill Pavement Life Cycle Replacement-Project No.5232 11-25-2013 00 61 13 PERFORMANCE BOND BOND NO. 106041729 Contractor as Principal Surety Name: Haas-Anderson Construction, Ltd. Name: Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 1402 Holly Rd. 9601 McAllister Freeway, Suite 900 Corpus Christi,TX 78411 San Antonio, TX 78216 Physical address(principal place of business): 9601 McAllister Freeway, Suite 900 Owner San Antonio, TX 78216 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 210-525-3963 #5232 Cefe Valenzuela Landfill Pavement Life Cycle Replacement Telephone (for notice of claim): 267-675-3057 Local Agent for Surety Name: Keetch & Associates Award Date of the Contract: January 13,2015 Address: P. 0. Box 3280 Contract Price: $3,757,566.25 Corpus Christi, TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: kwoods@keetchins.com Date of Bond: January 20, 2015 _ The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal / Surety Signature: / Signature: , Name: Do., / 6 - /110-a r Name: Kerry J ods • �? Title: President, Haas-Anderson Management;LC. Title: Attorney-In-Fact e,ad Partner Email Address: Email Address: kwoods©keetchins".com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13 -2 Corpus Christi Standards-Regular Projects 7-8-2014 00 61 16 PAYMENT BOND BOND NO._106041729 Contractor as Principal Surety Name: Haas-Anderson Construction, Ltd. Name:Travelers Casualty and Surety Company of America Mailing address(principal place of business): Mailing address(principal place of business): 1402 Holly Rd. 9601 McAllister Freeway, Suite 900 Corpus Christi,TX 78417 San Antonio, TX 78216 Physical address(principal place of business): Owner 9601 McAllister Freeway, Suite 900 San Antonio, TX 78216 Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecticut Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 210-525-3963 #5232 Cefe Valenzuela Landfill Pavement Life Cycle Replacement Telephone (for notice of claim): 267-675-3057 Local Agent for Surety Name: Keetch & Associates Award Date of the Contract: January 13,2015 Address: P. 0. Box 3280 Contract Price: $3,757,566.25 Corpus Christi, TX 78463-3280 Bond Telephone: 361-883-3803 Email Address: kwoods@keetchins.com Date of Bond: January 20, 2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: �i �%CY Signature: ::�1/(7(i .'. `•. Name: p)q „r / r Name: erry J. ods _r?f. Haas•Ande►son Management LC, ` J �` Title: Title: Attorney-In-Fact ����:�:". �; rincr Email Address: ,v Aq Email Address: kwoods@keetchins.con`i (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 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.: ) tip ` IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20 day of iii1.111r f G 1,71 l . i'.� 15. c0nn. ' Q Kevin E.Hughes,Assistant Sec tary ,.SU iY `' '�' '/Ir ,,�a''E\PE 4 oat Iits 1 INSU tY ANO 3�1NFI tY o—IN 6 , M"'.G9 AN, g�"` ` ,�W° 4 ,c '� F p°OM 6 :N a '"� '((�:oRvoR + v;. ..tics � s $ "RPORAir°" z ‘I yj;-l4 VitP�R'� :,P '" J IIp 9 8 2 o Z y 9� - 4h+ �o j^� 13 n NaRTFORD, HASiFOR0. 1896 Z t r f z li n �i 'o CONN. �j Y `/� 1951 i* /,, • �SEALjeo o S81tL%r � o �... ;" � )0 • 4.%/4.. `tl-••A✓�t �Y�•. 6 'a° yap 1)A,„0 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IWARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4110. POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225516 Certificate No. 0 0 5 5 8 8 6 2 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Betty J. Baxter,Kevin G.Keetch,Kerry J.Woods,Tracie Henderson,and Lonna Pokrant of the City of Corpus Christi ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of August 2013 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company SU �,,ytY 41 y„ ;ail. GA AI) (a" tt : ��N... +1NSUq ,,4Np ��SLR f 02,�j�'q'ppq'`_r�, p.`I_`4enwnaga 4Ciet..2. 9 q �P,...........4 "� s ,�°,-Fr4� Fy 'WO 6 A •INCORPORATED*, rtt0 R P°R.,�.7 Q4.. .;yC4 4 % 4 F\O i 1982 R 1977 .-1ia4.. - , f ri z i ......,P ORA ..r j 3(/ 'c, 9 t r, �., �'t Z v : HARTFORD, < '!WIMP*, ti 4. a 51 '^ � :SEAL o! "$ '° "' CONN. n t CONN, a �, 1896 y, �a '- % .•c°. ,.` �,, SAL:D W �o \ o� {�< y. F d 04 aI I,P,„cF. '!S'. ,./ dit........:r�a 66< .N s g 4...7.-4,0 .-ok f0 AR weN / State of Connecticut By: /j ..1.117// City of Hartford ss. Robert L.Raney, enior Vice President On this the 6th dayof August 2013 , ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof,I hereunto set my hand and official seal. �1(J*A (�M0+ C , ,,, 11i�L1 My Commission expires the 30th day of June,2016. * p(�BL�O * Marie C.Tetreault,Notary Public MVEe fi 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL ri TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. AC'�® DATE(MM/DD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 1/19/2015 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 NAME: Diann Eisenhauer Swantner&Gordon Insurance Agency PHONE FAX A Higginbotham Company (AiC.No. rt)•361-561-4276 IA/C.Nol:361-844-0101 P 0 Box 870 ADDRESS:deisenhauer@s gins.com Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Travelers Indemnity Co of Amer 25666 INSURED HAASA INSURER B:Travelers Property Casualty Co of A 25674 Haas-Anderson Construction Ltd INSURER c:The Phoenix Insurance Company 25623 P. 0. Box 7692 Corpus Christi TX 78467-7692 INSURER D:Commerce&Industry Insurance Co 19410 INSURER B:The Travelers Indemnity Co of CT 25682 INSURER F: COVERAGES CERTIFICATE NUMBER: 1418784383 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 I TYPE OF INSURANCE ADDLISUBR ' POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY)! LIMITS A x i COMMERCIAL GENERAL LIABILITY V CO4D398656 9/1/2014 9/1/2015 EACH OCCURRENCE $1,000,000 I ' CLAIMS-MADE X OCCUR PREMISES ee DAMAGE O(EaEoccu RENTED $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 !POLICY X PEQ LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA3D892937 9/1/2014 9/1/2015 COMBINED SINGLE LIMIT $ v.- ___ (Ea accident) 1,000,000 1X ANY AUTO f BODILY INJURY(Per person) $ I AU ALLTOSOWANED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) I I $ E I X UMBRELLA LIAB ! X OCCUR / CUP3E987368 /1/2014 9/1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAR i , CLAIMS-MADE V AGGREGATE $1,000,000 of- DED I X I RETENTION$10,000 $ C WORKERS COMPENSATION / !UB4D402822 9/1/2014 9/1/2015 X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER YIN, ANY PROPRIETOR/PARTNER/EXECUTIVE ✓ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I N/A (Mandatory in NH) i E.L.DISEASE-EA EMPLOYEE $1,000,000 ,/ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Excess Umbrella BE044243588 9/1/2014 9/1/2015 Each Occurrence $19,000,000 Aggregate $19,000,000 ' I I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See attached 101 See Attached... 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-Capital Programs ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Construction Contracts Mgr. P. 0. Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAASA LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Swantner&Gordon Insurance Agency Haas-Anderson Construction Ltd P. O. Box 7692 POLICY NUMBER Corpus Christi TX 78467-7692 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The Commercial General Liability Policy includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract requiring such status. Form CG D6 04 08 13-Blanket Additional Insured(Contractors)/Form CG D3 16 11 11 -Contractors Xtend Endorsement(Blanket Additional Insured-Owners, Managers or Lessors of Premises; Blanket Additional Insured -Lessors of Lease Equipment; Blanket Additional Insured-State or Political Subdivisions-Permits) The General Liability policy includes a primary and non-contributory provision only when there is a written contract that requires it. Form CG D3 16 11 11 -Contractors Xtend Endorsement The Commercial General Liability Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CG D3 16 11 11 -Contractors Xtend Endorsement The Commercial General Liability Policy includes an endorsement providing 30 days' notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium. Form IL T4 11 12 09 Designated Entity-Notice of Cancellation/Non-Renewal Provided by Us The Commercial General Liability policy includes Form CG D3 16 11 11 -Contractors Xtend Endorsement. Contractual Liability-With respect to operations performed within 50 feet of railroad property, the definition of insured contract in Section V Definitions 9."Insured Contract"Item c. is amended to read"Any easement of license agreement"and Item f.(1)is removed. The Business Auto Policy includes a blanket automatic additional insured endorsement that provides additional insured status when there is a written contract that requires such status. Form CA T3 53 02 12-Business Auto Extension Endorsement The Business Auto Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CA T3 53 02 12-Business Auto Extension Endorsement The Business Auto Policy includes an endorsement providing 30 days'notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium where required by written contract. Form CA T3 25 09 99—Notice of Cancellation The Business Auto Policy includes Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29&30 of the Motor Carrier Act of 1980-MCS-90(Rev.4-00)(Rev. 09-08) The Business Auto policy includes Endorsement CA 20 70 10 01 -Coverage for Certain Operations in Connection with Railroads where required by written contract The Workers Compensation Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form WC 42 03 04(B)-Texas Waiver of Our Right to Recover from Others Endorsement The Workers Compensation Policy includes an endorsement providing 30 days'notice of cancellation will be furnished to the certificate holder except 10 day notice of nonpayment of premium where require by written contract.WC 42 06 01 (00)-Texas Notice of Material Change Endorsement The Workers Compensation Policy includes Longshore and Harbor Workers' Compensation Act Coverage Endorsement Form WC 00 01 06 A Commercial Excess Liability(Umbrella)—Form UM 00 01 11 03 Except for the terms, definitions, conditions and exclusions of the Policy,the coverage provided by this Policy shall follow the terms,definitions, conditions and exclusions of the applicable underlying insurance. Project:#5232 Cefe Valenzuela-Landfill'Pavement;Life Cycle Replacement ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Haas-Anderson Construction, Ltd. Travelers Indemnity Company of America V/ C04D398656 09/01/14-09/01/15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement a. You agree in a "written contract requiring in- CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, surance" to include as an additional insured on this Coverage Part; and Lessees or Contractors — Completed Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage" or"personal injury"; and CG 20 10, or the Additional Insured— b. Only as described in Paragraph (1), (2) or(3) Owners, Lessees or Contractors — Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85; or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured—Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the"writ- insured only if the injury or damage arises ten contract requiring insurance" ap- out of "your work" to which the "written plies; and contract requiring insurance"applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a 'written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that "written con- (1) How, when and where the "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the"occurrence" or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit" is brought against professional architectural, engineering or sur the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- (1) Immediately record the specifics of the ings, opinions, reports, surveys, field or— ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or"suit", cooperate with "property damage"caused by"your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described in Paragraph 3.above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additional insured under which that person or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury' is caused by an offense committed, during in effect. the policy period and: CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Haas-Anderson Construction, Ltd. Traveler Indemnity Company of America ✓ C04D398656 09/01/14-09/01/15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This'ndorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment I. Blanket Additional Insured — States Or Political C. Increased Supplementary Payments D. Incidental Medical Malpractice Subdivisions—Permits J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured — Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured `. L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I —Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion —All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To You SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises damage" is not an "insured contract"; 2. The following is added to Paragraph 2.a.(1)of 5. The following is added to the DEFINITIONS SECTION II—WHO IS AN INSURED: Section: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age"to: (i) "Incidental medical services" by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or "Good Samaritan services" by premises for a period of seven or fewer consecutive days. any of your "employees" or "volunteer workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV— COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 ©2011 The Travelers Indemnity Company,All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I —COV- only: ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (1) Until the 180th day after you acquire or form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or consent of, the insured. (2) Until the end of the policy period, when that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section. report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will Con or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II —WHO IS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section II — Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. II—WHO IS AN INSURED: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED— OWNERS, H. BLANKET ADDITIONAL INSURED— LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS The following is added to SECTION II — WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on elude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal spect to liability for "bodily injury", "property dam injury"or"advertising injury"that: age", "personal injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con tract or agreement; and tract or agreement; and b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or use of that part of any premises leased to omissions in the maintenance, operation or you. use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following g provisions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits which you agreed to provide in the written the minimum limits which you agreed to pro- vide in the written contract or agreement, or contract or agreement, or the limits shown on the limits shown on the Declarations, which the Declarations,whichever are less. ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or owner, manager or lessor does not apply to: "property damage" that occurs, or "personal injury" or"advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or"personal injury" or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or non-contributory with, such other insurance, c. The insurance provided to such premises owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION II —WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- erations. that is your partner, joint venture member or manager; or The insurance provided to such state or political subdivision does not apply to: (b) Any "employee" authorized by such partnership, joint venture, limited Ii- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or"advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practice- cape of"pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organize- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock,fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily feted. injury" in the DEFINITIONS Section: Page 6 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 Haas-Anderson Construction, Ltd. Travelers Indemnity Company of America 09/01/14-09/01/15 POLICY NUMBER: Co4D398656 ✓✓✓ ISSUE DATE: 09 -01- 2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 3° ✓ PERSON OR ORGANIZATION: Any person or organization that is a certificate holder of a certificate of insurance issued for you that: 1. Refers to this policy and states that notice of cancellation or non-renewal of this policy will be provided to that person or organization; and 2. Is in effect, and is on file at the4 office of your agent or broker for this policy, at the time of the cancellation or non-renewal. ADDRESS: PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 Haas-Anderson Construction, Ltd. Travelers Property Casualty Company of America BA3D892937 09/01/14-09/01/15 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT `./ B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS / OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE ✓ M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or— ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 02 12 ©2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are (1) Any covered "auto" you lease, hire, a partnership), members (if you are a limited liability company) or members of their house- rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. However, any "auto" that is leased, hired, (I) You must arrange to defend the set- rented "in- or borrowed with a driver is not a sured" against, and investigate or tle any such claim or "suit" and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii) We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit", LIMITS (iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para ERAGE—INDEMNITY BASIS graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B,7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ©2010 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an"insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories and possessions, Puerto Rico and Can- Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto"you own that in ada. We assume no responsibility for the furnishing of certificates of insurance, or flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D., De- b. The airbags are not covered under any war- ductible, of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability corn- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVERA- (d) An executive officer, director or insurance GE: We will payupto $50per dayto a maximum of manager (if you are a corporation or other or- We ganization); or $1,500 for temporary transportation expense in- (e) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov tice of the"accident"or"loss". ered"auto"of the private passenger type. CA T3 53 02 12 ©2010 The Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 ©2010 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Hass-Anderson Construction, Ltd. Travelers Property Casualty Company of America 09/01/14-09/01/015 / V/ COMMERCIAL AUTO POLICY NUMBER: BA3D892937 ISSUE DATE: 09..01 _2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE 1. Name: Any person or organization for whom the named insured has agreed by written contract to furnish this endorsement. Address: 2. Number of Days Notice: 0 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS We will mail notice of cancellation or material limitation of these coverage forms to the person or organization shown above.We will mail the notice at least the Number of Days indicated above before the effective date of our action. CA T3 25 09 99 Page 1 of 1 Haas-Anderson Construction, Ltd. The Phoenix Insurance Company 09/01/14-09/01/15 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Haas- ENDORSEMENT WC 42 06 01 (00) — POLICY NUMBER: UB4D402822 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or**) 2. NOTICE WILL BE MAILED TO: Any person or organization to whom you have agreed in a written contract that notice of cancellation or material limitations to this policy will be given, but only if 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first named insured receives notice from us of the cancellation or material limitation of the policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this schedule. This endorsement does not apply when the reason for cancellation if non-payment of premium. ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. DATE OF ISSUE: 09-01 -2014 ST ASSIGN: Haas-Anderson Construction, Ltd. The Phoenix Insurance company WORKERS COMPENSATION 09/01/14-09/01/15 AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04( B) POLICY NUMBER: Cs4n402822 ✓ ,/ 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. E Specific Waiver Name of person or organization ❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: See schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorse •en o. Insured •remi Insurance Company Countersigned by // DATE OF ISSUE: 09-01-2014 ST ASSIGN: Page 1 of 1 0 Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Haas-Anderson Construction, Ltd. Travelers Property Casualty Company of America 09/01/14-09/01/15 COMMERCIAL AUTO POLICY NUMBER: BA3D892937 ISSUE DATE: 09-01-2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS 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 under this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Scheduled Railroad Designated Job Site Any railroad where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to the use of a covered "auto" in operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of"insured contract" relating to construction or demolition operations performed within 50 feet of a railroad do not apply. CA 20 70 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 Haas-Anderson Construction, Ltd. The Phoenix Insurance Company 09/01/14-09/01/15 TRAVELERS` WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 01 06( A)— POLICY NUMBER: UB4D402822 LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT This endorsement applies only to work subject to the Longshore and Harbor Workers'Compensation Act in a state shown in the Schedule. The policy applies to that work as though that state were listed in Item 3.A.of the Information Page. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workmen's compensa- tion law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. The rates for classifications with code numbers not followed by the letter"F"are rates for work not ordinarily subject to the Longshore and Harbor Workers' Compensation Act. If this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non-F classification rates will be increased by the longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. SCHEDULE Longshore and Harbor Workers' State Compensation Act Coverage Percentage Texas 64.0 DATE OF ISSUE: 09- 01-2014 ST ASSIGN: PAGE 1 OF Last