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Home My WebLink AboutC2015-028 - 5/19/2015 - Approved Cf>i .15e.- .1141 ,E 2015-028 5/19/15 M2015-048, A. Ortiz Construction & Paving CONTRACT DOCUMENTS FOR CONSTRUCTION OF LIFECYCLE CURB & GUTTER REPLACEMENT — PROJECT NUMBER E14035 > ;, M t.. • .' i a L NA o,L lb v�� *.• .- .* $; ; FEUX H. OCANAS, JR. r - e g Vi.p'. 33006 .•i,Z4d i '4, 4,'n. N.I 1 C' Nta'AIACtt4P .1-1-,- ,‘, C c-- , t', ) 1 i 4.. ' 1 4 :- .12;1/26 i,r ECMS LLC Felix H. Ocanas, Jr., P.E. Record Drawing Number---STR 907 r, L 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid (Rev 01/23/15) 00 21 13 Instructions to Bidders (Rev 01/23/15) it, 00 30 00 Bid Form (Rev 01/23/15) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) to00 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 10/14/2014) 00 6113 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions te 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 iiii Division 01 General Requirements 01 1100 Summary of Work 1 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures L 01 29 01 Measurement and Basis for Payment 01 3100 Project Management and Coordination 01 31 13 Project Coordination L01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings it 601 33 03 Record Data 0133 04 Construction Progress Schedule Table of Contents 00 0100-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 I I Division/ Title Section 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls I 0170 00 Execution and Closeout Requirements Part S Standard Specifications 025205 Pavement Repair, Curb, Gutter,Sidewalk& Driveway Replacement-(S-54) 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils,and Emulsions-(S-29) 025412 Prime Coat-(S-30) 3 025424 Hot Mix Asphalt Concrete Pavement (Class A)-(S-34) 025610 Concrete Curb and Gutter-(S-52) 025612 Concrete Sidewalks and Driveways-(S-53) 030020 Portland Cement Concrete-(S-40) f 032020 Reinforcing Steel-(S-42) 038000 Concrete Structures-(S-41) 097020 Exposed Aggregate Finish for Concrete Sidewalks(S-51) Part T Technical Specifications T-1 025614 Concrete Curb Ramps 111 END OF SECTION I I I I I Table of Contents 00 0100-2 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 ill 00 11 16 INVITATION TO BID L. ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following LProject: LIFECYCLE CURB&GUTTER REPLACEMENT-PROJECT NUMBER E14035 This project is an Indefinite Delivery Indefinite Quantity(IDIQ) Lifecycle Curb&Gutter Replacement Project,City Wide. The work consists of removing and replacing approximately 7,000 linear feet of rolled concrete curb&gutter, 11,000 square feet of Ldriveway approaches adjacent to the new curb&gutter,2,000 square feet of sidewalk only as may be required to ensure proper slopes of the new driveways,2,400 square yards of asphalt repair(about 3 feet wide)along the new curb&gutter resulting from the excavation for the removal of the existing curb&gutter and 400 square feet of ADA curb ramps only when curb&gutter is removed at the radius of a street corner. The first delivery order will be issued at the pre-construction meeting together with the Notice to to Proceed with the construction work. Additional delivery orders will be issued so as to prevent any standby time by the Contractor. lir 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$498,500. The Project is to be complete and ready for operation within 365 calendar days. ly ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: 1 http:/www.cctexas.com/business/supplierportal 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 LAgreement 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 L L I L. Invitation to Bid 00 11 16-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01-23-15 L I ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday, March 10,2015 at 2 PM,Engineering Conference Room 1 at the following location: City Hall Building—City of Corpus Christi,Texas Capital Programs Department's Conference Room Third Floor 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent(5%)of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. I Invitation to Bid 00 11 16-2 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01-23-15 I L 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: La. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. thi. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. L 3. The Bid Bond must reference the Project by name as identified in Article 7. 4. Bidders may provide their surety's standard bid bond form if revised to meet the Bid Bond Requirements. L 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not Lbe considered. 6.05 Failure top rovide required Performance and Payment Bonds will result in forfeiture of the Bid it- Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS,BID OPENING L 7.01 Sealed Bids(hard copy) must be submitted to the City Secretary's office (City Hall Building, 1st Floor, 1201 Leopard Street,Corpus Christi,Texas 78401) no later than 2:00 PM on Wednesday, March 18, 2015,to be accepted. The Bids will be publicly opened and read aloud at this time at iii the City Council chambers or staff room, 1st floor of the City Hall building. Bids received after this time will not be accepted. Address envelopes or packages to: The City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—LIFECYCLE CURB&GUTTER REPLACEMENT PROJECT Project Number E14035 ARTICLE 8—AWARD OF CONTRACT its 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 L 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. L L. Invitation to Bid 00 11 16-3 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01-23-15 L I ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION I I I I I I 1 I 1 Invitation to Bid 00 11 16-4 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01-23-15 I I C 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: EType of Insurance Minimum Insurance Coverage Commercial General Liability including Ii. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 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 $500�000 er Em to 's Liability500,000/500,000 Employer's / 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 X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ILl Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV07-03-2014 L I 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 I 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 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. 3 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 3 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 3 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 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV07-03-2014 t I C 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury, sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason;and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care,custody,or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup;. e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 L I h) Any loss to temporary Project Works if their value is included in the Contract Price. I 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. I 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 1 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV07-03-2014 I I I H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier,anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,false work, 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 Insurance Requirements 00 72 01-5 lifecycle Curb and Gutter Replacement-Project Number E14035 REV07-03-2014 I I 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 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 3 Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. I 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 3 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 111 A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. I B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 1 I I 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 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: 1 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under 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 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 L I I 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 3 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 3 A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract3 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- 3 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. I Insurance Requirements 00 72 01-8 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 I I I 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. 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. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons 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 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 L 1 1 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1 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: 1 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 1 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 3 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 Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION 1 Insurance Requirements 00 72 01-10 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 07-03-2014 I L C 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. IARTICLE 1—DEFINITIONS AND TERMINOLOGY LSC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: ICity of Corpus Christi,Texas ECMS LLC ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS IA. 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 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain 1 days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days 1 January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 1 June 4 December 3 3. A total of 50 rain days have been set for this Project. An extension of time due to rain I days will be considered only after 50 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the LSupplementary Conditions 00 73 00-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 11-25-2013 L I I schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. I ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS I SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions 1 Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: (NONE) 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) include the following: (NONE) B. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site,are known to Owner." C. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site: A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS,SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION I I i Supplementary Conditions 00 73 00-2 111 Lifecycle Curb and Gutter Replacement-Project Number E14035 11-25-2013 I • 00 52 23 AGREEMENT This Agreement,for the Project awarded onMay 19,2015is between the City of Corpus Christi (Owner) and A. Ortiz Construction&Paving, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: LIFECYCLE CURB&GUTTER REPLACEMENT,Project Number E14035 This project is an Indefinite Delivery Indefinite Quantity(IDIQ)Lifecycle Curb&Gutter Replacement Project,City Wide. The work consists of removing and replacing approximately 7,000 linear feet of rolled concrete curb&gutter, 11,000 square feet of driveway approaches adjacent to the new curb&gutter,2,000 square feet of sidewalk only as may be required to ensure proper slopes of the new driveways,2,400 square yards of asphalt repair(about 3 feet wide)along the new curb&gutter resulting from the excavation for the removal of the existing curb&gutter and 400 square feet of ADA curb ramps only when curb&gutter is removed at the radius of the street corner. The first delivery order will be issued at the pre-construction meeting together with the Notice to Proceed with the construction work. Additional delivery orders will be issued so as to prevent any standby time by the Contractor. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Felix H. Ocanas,Jr., P.E. ECMS(Engineering and Construction Management Services) LLC 5001 Oakmont Dr. Corpus Christi,Texas,78413 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd. Bldg#5 Corpus Christi,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 calendardays after the date when the Contract Times commence to run as provided in the Notice to Proceedand is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Agreement 00 52 23-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 Conditions within 365 calendardays after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for completion 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. Completion of the Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 2. Liquidated damages for failing to timely attain Completion are not additive and will not be imposed concurrently. 3. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Base Bid Price $ 445,950.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23-2 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to 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 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 Completion. Owner may, at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has 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 Agreement 00 52 23-3 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 4. The Contract Documents. E. 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. F. 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. G. 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. H. 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. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. 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. Agreement 00 52 23-4 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's BidForm Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company.lf Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 ATTEST CI - u I r, ___ iira City Secretary J. . Edmonds, P.E. Director of Capital Programs APPROVED AS T GAL FORM / All Ilitrixe. it CalinCH. Asst. City Attorney 1+�� SECRETARY ATTEST F CORPORATION) CONTRACTOR L//j J:1A1 . i„.6,!�: / A. Ortiz Construction & Paving Inc. (Seal Below) • / Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: President Vice President, Chief Executive Officer, or Chief Financial Officer 102 Airport Rd Address Corpus Christi TX 78405 City State Zip 361882-2122 361883-4188 Phone Fax aortizpav@sbcglobal.net EMail END OF SECTION Agreement 00 52 23-6 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 10-14-2014 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 Wednesday,March 18,2015,at 2:00 PM. 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(see Section 7.01 below): The City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—LIFECYCLE CURB&GUTTER REPLACEMENT PROJECT Project Number E14035 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 SI ature Acknowledging Receipt #1 3/11/2015 CWW,IditA e4. 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 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV01-23-2015 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 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01.23-2015 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 0143-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be complete 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 All submittals must be in hard copy for this Project.In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Form 00 30 00-4 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV 01$3.2015 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 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: A. Ortiz Construction&Paving, Inc (`tyyped or printed full legal name of Bidder) By: dl'U�,G(�( , (indiv signature) Name: Adriana Ortiz ---A —__------ — (typed or printed) Title: Vice President (typed or printed) Attest: .t 1./,i / r .. r 14 .f (indi iduol's signature) State of Residency: Texas Federal Tax Id.No. 74-2230136 Address for giving notices: 102 Airport Rd. Corpus Christi TX 78405 Phone: 361 882-2122 Email: aortizpav@sbcglobal_net (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Lifecycle Curb and Gutter Replacement-Project Number E14035 REV01-23.2015 Or S0 01 BID FORM EXHIBIT A 00 30 01 BID FORM EXHIBIT A Project Name: Lifecycle Curb& Gutter Replacement Project Number: E14035 Owner: City of Corpus Christi Bidder: A. Ortiz Construction & Paving, Inc. OAR: Designer: ECMS LLC Felix H. Ocanas,Jr., P. E. 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, Bonds, Insurance and LS 1 Traffic Control, complete in place. S 18,250.00 $ 18,250.00 $ SUBTOTAL PART A-GENERAL(Item Al ) $ 18,250.00 Part B-STREET IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 N/A $ - $ $ - $ SUBTOTAL PART B-STREET IMPROVEMENTS $ Part C-RTA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl N/A $ - $ SUBTOTAL PART C-RTA IMPROVEMENTS $ Part D-ADA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Removal and Replacement of ADA ramps not in D1 compliance with TDLR requirements, complete in place. SF 400 $ 30.00 $ 12,000.00 $ S SUBTOTAL PART D-ADA IMPROVEMENTS(Dl) S 12,000.00 Bid Form Exhibit A Page 1 of 3 Lifecycle Curb Gutter Replacement Project No. E14035 REV 10-14-2014 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Part E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Removal and Replacement of Curb & Gutter, complete in El LF 7,000 $ 23.50 $ 164,500.00 place. Removal and Replacement of driveway approaches, E2 SF 11,000 $ 12.00 $ 132,000.00 complete in place. Removal and Replacement of pavement/ pavement E3 SY 2,400 $ 33.00 $ 79,200.00 repairs, complete in place. E4 Removal Replacement of sidewalk, complete in place. SF 2,000 $ 10.00 $ 20,000.00 Unanticipatged Curb & Gutter Replacement, complete in E5 LS 1 $ 20,000.00 $ 20,000.00 Place Contingency. g y. SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(El THRU ES) $ 415,700.00 Part F-WATER IMROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Fl N/A $ - $ $ - $ SUBTOTAL PART F-WATER IMPROVEMENTS(Fl)• $ - Part G-WASTEWATER IMROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 N/A $ - $ - $ - $ SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(G1) $ - Bid Form Exhibit A Page 2 of 3 Lifecycle Curb Gutter Replacement Project No. E14035 REV 10-14-2II4 00 x001 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Item Al ) $ 18,250.00 SUBTOTAL PART B-STREET IMPROVEMENTS ( NA ) $ - SUBTOTAL PART C- RTA IMPROVEMENTS ( NA ) $ - SUBTOTAL PART D-ADA IMPROVEMENTS (Item D1) $ 12,000.00 SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (Items El thru E5) $ 415,700.00 SUBTOTAL PART F -WATER IMPROVEMENTS ( NA ) $ SUBTOTAL PART G - WASTEWATER IMPROVEMENTS ( NA ) $ - 'TOTAL PROJECT BASE BID (PARTS A THRU G) I $ 445,950.00 Contract Times Bidder agrees to reach Final Completion in 365 days Bid Form Exhibit A Page 3 of 3 Lifecycle Curb Gutter Replacement Project No. E14035 REV 10-14-2014 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. LI Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of li 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: A. Ortiz Construction &Paving Inc. (typed or printed) By: (signature--attach evidence of authority to sign) Name: Adriana Ortiz (typed or printed) Title: Vice President Business address: 102 Airport Rd. Corpus Christi TX 78405 Phone: 361 882-2122 Email: aortizpav@sbcglobal.net END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. Adriana Ortiz C� Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Adriana Ortiz 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 CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income,from the filer of the questionnaire? Yes v No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ,/ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ,/ No D. Describe each employment or business relationship with the local government officer named in this section dilAifitAd 3/17/2015 Signature ofperson doingbusiness with t governmental enliiy Date 9 Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest 112 SUPPLIER NUMBER TO BE ASSIGNED BYCUY - = PURCHASING DIVISION CityCitf CITY OF CORPUS CHRISTI City Corpub DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: A.Ortiz Construction&Paving Inc P.O.BOX: STREET ADDRESS: 102 Airport Rd. CITY: Corpus Christi ZIP: 78405 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 0 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 Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named'Minn." Name Consultant N/A NIA PILING REQUIREME:NTti If a person who requests official action on a matter knows that the requested action will confer an economic benefit on an 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. )ou shall disclose that fact in a signed writing to the Cite official.employee or body that has been requested to act in the matter. unless the interest of the Cite official or employe:in the matter is apparent. The disclosure shall also be made in a signed writing tiled with the City Secretary. I Ethics Ordinance Section 2-349 td f) CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Adriana Ortiz Title: Vice President (Type or Wim i Signature of CertifyingDate: Person: tOv a-4 3/1712015 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. "Finn." 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: LIFECYCLE CURB&GUTTER REPLACEMENT- PROJECT NUMBER E14035 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: A. Ortiz Construction&Paving Inc 044,4:4,,, (typed or printed) By: (signature--attach evidence of authority to sign) Name: Adriana Ortiz (typed or printed) Title: Vice President Business address: 102 Airport Rd. Corpus Christi TX 78405 Phone: 361 882-2122 Email: agrtizpav@sbcglobal.net END OF SECTION Non-Collusion Certification 00 30 06-1 Lifecycle Curb and Gutter Replacement-Project Number E14035 1i-25-2013 rja ':\..1A 0,4 'her.. March 18. 2015 City of Corpus Christi 1201 Leopard St. Corpus Christi. TX 78401 Re: Lifecycle Curb & Gutter Replacement Project. Project Number E 14035 To whom it may concern: A. Ortiz Construction & Paving Inc., is DBE Certified and we are in the process of renewing our Certification. If you have any questions please feel free to contact us at(361)882-2122. S' cerely. rian : 4 102 AIRPORT RD. • CORPUS CHRISTI,TEXAS 78405 • 361/882-2122 • FAX 361/883-4188 00 61 13 PERFORMANCE BOND BOND NO. 712768P Contractor as Principal Surety Name: A. Ortiz Construction & Paving, Inc. Name:Developers Surety and Indemnity Mailing address(PrinciPal place of business): CQarl Mailing address(PrinciPal Place of business): 102 Airport Road 2591 Dallas Parkway, Suite 105 Corpus Christi,TX 78405 Frisco, Texas 75034 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Same 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: Iowa 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: Proi. No. E14035 Telephone (main number): Lifecycle Curb &Gutter Replacement 972-870-0400 Telephone (for notice of claim): See Attached Local Agent for Surety Name:Swantner & Gordon Insurance Agency, LLC Award Date of the Contract: May 19, 2015 Address: 500 N. Shoreline Blvd., Suite 1200 Corpus Christi, Texas 78401 Contract Price: $445,950.00 Bond Telephone: 361-883-1711 E-Mail Address: mmoore@s-gins.com Date of Bond: May 21, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Performance Bond 00 61 13-1 Lifecycle C&G Replacement#E14035 REV07-03-2014 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 Prin ipal Surety Signature: Al4J Signature: Name: P,( Z Name: Mary len Moore Title: President Title: Attorney in Fact Email Address: aortizpav@sbcglobal.net Email Address: mmoore@s—gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Lifecycle C&G Replacement#E14035 REV 07-03-2014 00 61 16 PAYMENT BOND BOND NO. 712768P Contractor as Principal Surety Name: A.Ortiz Construction & Paving, Inc. Name: Developers Surety and Indemnity Mailing address (principal place of business): Mailing address (principal place of businoesrnY 102 Airport Road 2591 Dallas Parkway, Suite 105 Corpus Christi,TX 78405 Frisco, Texas 75034 Physical address (principal place of business): Owner same 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: Iowa 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: Proj. No.#14.035 Lifecycle Curb&Gutter Replacement Telephone (main number): 972-870-0400 Telephone (for notice of claim): See Attached Local Agent for Surety NameSwantner & Gordon Insurance Agency, LLC Award Date of the Contract: May 19, 2015 Address: 500 N. Shoreline Blvd. , Suite 1200 Corpus Christi, Texas 78401 Contract Price: $445,950.00 Bond Telephone:361-883-1711 E-Mail Address: mmoore@s—gins.corn Date of Bond: May 21, 2015 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number:1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Lifecycle C&G Replacement#E14035 REV.07-03-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: �.,,� be3 Signature: "_��, ,! o-may Name: Raul Ortiz Name: Mar lien Moore Title: President Title: Attorney in Fact Email Address: aortizpav@sbcglobal.net Email Address: mmoore@s—gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Lifecycle C&G Replacement#E14035 REV.07-03-2014 • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint ***Aaron Jay Endris,James Steven Addkison, Kerry M.McIntosh, Cathleen Hayles, Mary Ellen Moore,jointly or severally*"* as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shah be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this January 29,2015. 0,0.11111111104,, 1t4 AND Daniel Young,Senior Vice-President "/c,0 4 rt:', BY: G aur; 10 F+Yr OCT. /MOP 1938 JR Mark Lansdon,Vice-President ''.,1d0.,;o!�!t;.-".44, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On January 29,2015 before me, Lucille Raymond,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument. Commission 120.1945 11 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 17:47 Orange County true and correct. M Comm.Ex ires Oct 13 2018 WITNESS my hand and official seal. / ./ Place Notary Seal Above Signature Lucill• - y •nd,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 21ST day of MAY, 2015 By: • Cassie J. rrisford,Assistant ry ID-1438(Rev.01/15) IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephoen number Usted puede Hamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web: http://www.tdi.state.tx.us web:http:f/www.tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. TWIN IIISCtaiCO GROUP Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ID-1404(TX)(Rev.5/12) DATE '4DD® CERTIFICATE OF LIABILITY INSURANCE 5/21/2015 0/YYYY) 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 Dustin Hill Swantner and Gordon Insurance Agency PHONE FAX A Higginbotham Company (A/(r NO,Fxt) 361-561 4261 (A/C,No).361-844-0101 PO Box 870 n DRlEss.dhill@higginbotham.net Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Republic Underwriters Ins Co 24538 INSURED ORTIZ1 INSURER B:Texas Mutual Insurance Company 22945 A.Ortiz Construction&Paving, Inc. INSURER C:Endurance American Insurance Co. 10641 102 Airport Road INSURER D:National Liability&Fire Ins Co 20052 Corpus Christi TX 78405 - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:667842432 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 /ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYYL(MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CMP564824808 10/29/2014 10/29/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR / DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 X 1.000 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 PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ • D AUTOMOBILE LIABILITY / COMBINED SINGLE LIMIT 73APS052391 11/29/2014 11/29/2015 (Ea accident) $1,000,000 X ANY AUTO / BODILY INJURY(Per person) $ ../ AUTS OWNED X SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) $ C UMBRELLA LIAB X OCCUR / EXC10005850800 10/29/2014 10/29/2015 EACH OCCURRENCE $1,000,000 / X EXCESS LIAB CLAIMS-MADE ( AGGREGATE $1,000,000 / DED RETENTION$ $ B WORKERS COMPENSATION / TSF0001185671 10/29/2014 10/29/2015 RTUTE OTH- AND EMPLOYERS'LIABILITY Y/N X STPEAER ANY PROPRIETOR/PARTNERJEXECUTIVE I I / E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A / (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Please see attached for additional policy information. 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 ACCORDANCE WITH THE POLICY PROVISIONS. Department of Engineering Svcs PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ORTIZ1 LOC#: A ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner and Gordon Insurance Agency A. Ortiz Construction&Paving, Inc. POLICY NUMBER 102 Airport Road Corpus Christi TX 78405 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.(Republic Plus+ General Liability Enhancement Endorsement-Form CG R029 0509) The General Liability policy includes a primary&non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision.(Republic Plus+General Liability Enhancement Endorsement-CG R029 0509) The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Republic Plus+General Liability Enhancement Endorsement- CG R029 0509) The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it.Texas Waiver of our Right to Recover From Others Endorsement Form WC4203 04A(Ed. 1-01-2000) The Excess Liability policy follows form of the underlying policies.(Commercial Excess Liability Policy -Form ASE0502 0511) RE: Project#E14035-Lifecycle Curb&Gutter Replacement Project The Commercial Auto policy includes Provision of Extended Notice of Cancellation, Form M-5526 09/2010. The Commercial Auto policy includes Additional Insured Endorsement, Form M-3745a 06/2009. The Commercial Auto policy includes Waiver of Transfer of Rights of Recovery Against Others to Us, Form M5144a 06/2007. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG R029 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPUBLIC PLUS+ GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION I-COVERAGES 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY a. Exclusions 1. Exclusion 2.a. Expected Or Intended Injury is deleted in its entirety and replaced by: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Exclusion 2.f. Pollution is deleted in its entirety and replaced by: f. Limited Pollution Liability "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (i). At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (ii). Which are or were at any time transported, handled, stored, treated, disposed of or processed as waste by or for: 1. Any insured; or 2. Any person or organization for whom you may be legally responsible; (iii). At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (iv). At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" arises at or from any premises, site or location: a. Which is or was at any time owned or occupied by, or rented or loaned to, any insured; or b. Which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 1 of 7 permission Subparagraph (iv). does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a"hostile fire". (v).Any loss, cost or expense arising out of any: 1. Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of,"pollutants". 3. However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of"property damage"that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. (vi). The most we will pay for "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is$10,000 in any one occurrence regardless of the number of: 1. Insureds; 2. Claims made or"suits" brought; or 3. Persons or organizations making claims or bringing"suits". 3. Exclusion 2.g.Aircraft,Auto Or Watercraft, (2)is deleted in its entirety and replaced by: (2)A watercraft you do not own that is: (i). Less than 51 feet long; and (ii). Not being used to carry persons or property for a charge; 4. Fire, Lightning, Explosion and Sprinkler Leakage a. If Damages to Premises Rented to You is not excluded under the policy the following applies: b.The last subparagraph of paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced by: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or "sprinkler leakage" to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. c. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted in its entirety and replaced by: Subject to Paragraph 5. above, the Damages to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises , while rented to you or temporarily occupied by you with permission of the owner, arising out of damage by fire, lightning, explosion or"sprinkler leakage". d.Subject to all the terms of SECTION III—LIMITS OF INSURANCE, the Damages to Premises Rented to You Limit is the greater of: (i).$300,000; or (ii).The amount shown in the Declarations for Damages to Premises Rented to You Limit. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 2 of 7 permission e. Paragraph 4.b.(1).(ii). of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced by: (i). That is Fire, Lightning, Explosion, "Sprinkler Leakage"or any similar insurance coverage for premises rented to you or temporarily occupied by you with permission of the owner; 2.COVERAGE C MEDICAL PAYMENTS Insuring Agreement a. Subject to the terms of SECTION III — LIMITS OF INSURANCE, unless otherwise excluded, the Medical Expense Limit is the higher of: 1. $10,000 any one person; or 2. The amount shown in the Declarations for Medical Expense Limit. b. Paragraph 1.a.(3).(b), is deleted in its entirety and replaced by: (b) The expenses are incurred and reported to us within two years of the date of the accident; and 3.SUPPLEMENTARY PAYMENTS-COVERAGES A AND B Paragraph 1.b. is deleted in its entirety and replaced by: (b) Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. B.AGGREGATE PER LOCATION This Coverage Extension does not apply if CG 25 03 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT or CG 25 04 DESIGNATED LOCATIONS(S) GENERAL AGGREGATE LIMIT are attached to this policy. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You, Medical Expense and General Aggregate apply per`location"or construction project. 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE, and for all medical expenses caused by accidents under SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS , which can be attributed only to ongoing operations at a "location" or single construction project: a. The most we will pay will be capped at$5,000,000, regardless of the number of: 1."Occurrences"; 2. Insureds; 3.Claims made or`suits" brought; 4. Persons or organizations making claims or bringing"suits"; 5. Locations; or 6.Construction projects. b.Subject to B.(1).a.above: 1.The General Aggregate Limit shown in the Declarations applies separately to each "location" or construction project. 2.Any payments made under SECTION I- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE for damages or under SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS for medical expenses shall reduce the General Aggregate Limit for that "location" or construction project. Such payments shall not reduce the General Aggregate Limit for any other"location"or construction project. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 3 of 7 permission 3. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply to each "location" or construction project, subject to the General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by `occurrences" under SECTION I-COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I- COVERAGES, COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to a "location" or ongoing operations at a single construction project, any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; this reduction is not applicable to any identifiable "location"or identifiable construction project. 3.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit. 4. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. C.SECTION II-WHO IS AN INSURED 1. Newly Acquired Or Formed Organization Paragraph 3. a. is deleted in its entirety and replaced by: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; 2.Additional Insureds a.Owners,Managers, Contractors And Lessors Of Equipment Who Is An Insured is amended to include as an additional insured any person or organization, other than a controlling interest or vendors, you are required by written agreement or written contract or permit to include as an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1.Your acts or omissions in the performance of your ongoing operations for the additional insured; or 2.The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Maintenance or use of equipment leased or rented from such additional insured(s); or 4. Maintenance or use of that part of any premises leased or rented to you; or 5. Maintenance or use of that part of any premises owned by you; or 6. Maintenance or use of any premises owned by you but leased or rented to others. b.Controlling Interest Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with a controlling interest in the Named Insured, but only with respect to their liability arising out of: 1. Their financial control of the Named Insured;or 2. Premises they own, maintain or control while the Named Insured leases or occupies these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 4 of 7 permission c.Vendors Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: The insurance afforded the vendor does not apply to: 1."Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2.Any express warranty unauthorized by you; 3.Any physical or chemical change in the product made intentionally by the vendor; 4. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; 5.Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; or 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 8."Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a.The exceptions contained in sub-paragraphs C.2.c.(4).or C.2.c.(6).of this Coverage Extension; or b.Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 9.Any person or organization from whom you have acquired any products, including any ingredient, part or container entering into,accompanying or containing"your products". 3. Exclusions applicable to all Additional Insureds: a.This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services by you or on your behalf but only with respect to any of the following operations: 1.The preparing, providing, approving, or failing to prepare, provide or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 3.Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. b.This insurance does not apply to "bodily injury", "property damage"or"personal and advertising injury" not caused, in whole or in part, by you or by those acting on your behalf. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc., with its Page 5 of 7 permission c.This endorsement does not apply to any railroad named as an additional insured whether by agreement, contract or permit. d.This insurance does not apply to "bodily injury or "property damage" occurring after leased or rented equipment is returned to the lessor. e.This insurance does not apply to"bodily injury"or"property damage"occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. f. This insurance does not apply to any "occurrence"which takes place after you cease to be a tenant in any premises for which anyone has been included as an additional insured. g.This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of the additional insured at any premises in which you are a tenant; unless you are performing such operations and are required by written contract or agreement to include the premises owner or manager as an additional insured. h.This insurance does not apply to "bodily injury" or "property damage" arising out of the "products — completed operations hazard". i. "Bodily injury" or "property damage" occurring before the signing of the contract or agreement, or the issuance of the permit, requiring the person or organization to be added as an additional insured. D. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Duties In The Event Of Occurrence, Offense,Claim Or Suit a.Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit is deleted in its entirety and replaced by: 1. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" or an offense by your "employees" shall not, in itself, constitute knowledge to you unless you, your partners, "executive officers", directors, insurance manager or risk manager shall have actually received notice. To the extent possible, notice should include: a. How,when and where the "occurrence" or offense took place; b.The names and addresses of any injured persons and witnesses; and c.The nature and location of any injury or damage arising out of the"occurrence"or offense. b.The following is added to paragraph 2. Duties In The Event Of Occurrence,Offense,Claim Or Suit 1. If you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy,we will not deny coverage under this policy solely because of such failure. 2. Representations The following is added to paragraph 6. Representations a. If you should unintentionally fail to disclose all existing hazards at the inception date of this policy, we will not deny coverage under this policy solely because of such failure. b.This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 6 of 7 permission 3. Transfer Of Rights Of Recovery Against Others To Us (Waiver of Subrogation) The following is added to this clause: If a written agreement, written contract or permit requires that you waive any right of recovery against any person or organization we also waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. 4. The following are added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: a. Primary Insurance—Non Contributing 1.When required in writing by an agreement, contract or permit with any additional insured, the insurance afforded to such additional insured is primary. Other insurance listing such additional insured as a named insured in the declarations will apply as excess and not contribute as primary to the insurance afforded by this endorsement. b.Any agreement, contract, lease or permit requiring: 1.You to include any person or organization as an additional insured; or 2.You to waive your rights of recovery against any person or organization; or 3. That this insurance be primary. 4. must be signed prior to an "occurrence"or offense. E.SECTION V—DEFINITIONS 1. Paragraph 9. a. "Insured contract" is deleted in it's entirety and replaced by: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or "sprinkler leakage" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. The following definitions are added: a."Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. b."Sprinkler Leakage" means the accidental leakage or discharge of any fire extinguishing or fire suppression substance from an automatic sprinkler system or other automatic fire extinguishing system or automatic fire suppression system; it does not include the discharge of any automatic sprinkler or automatic fire extinguishing system or fire suppression system that discharges in response to a fire. CG R029 05 09 Includes copyrighted material of Insurance Services Office, Inc.,with its Page 7 of 7 permission RI-3745a(06/2009) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J ADDITIONAL INSURED ENDORSEMENT In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your"employees"while such covered auto is being used in your business;and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or"employees"other than you; and 4) such inclusion of additional insured shall not increase our limit of liability under this policy. ADDITIONAL INSURED: CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI,TX 78469 All other terms, conditions and agreements remain unchanged. Additional Premium: $ 476 Company Name Policy Number National Liability&Fire Insurance Company 73 APS 052391 Endorsement Effective 11!2912014 12:01 AM Named Insured Countersigned by A ORTIZ CONSTRUCTION &PAVING INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) 1%3745a(06/2009) 11/0412014 08:30 1A1 F5579.79D1.4390-9164.684882DA4E98 POLICY NUMBER: 73 APS 052391 M-5144a(0612007) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: fBUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 11/2912014 12:01 AM Named Insured: A ORTIZ CONSTRUCTION &PAVING INC (Authorized Representative) SCHEDULE Name Of Person(s)Or Organization(s): CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI, TX 78469 Additional Premium $ 156 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s)or organiza- tion(s)shown in the Schedule.We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. Includes copyrighted material of Insurance Services Office,Inc.with its permission. M-5144a(0612007) 11/0412014 08:30 1A 1 F5579-79D1-4390.9164.684882DA4 E98 POLICY NUMBER:CMP 5698298 08 J COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: CITY OF CORPUS CHRISTI DEPT. OF ENGINEERING 2. Address: P0 BOX 9277 CORPUS CHRISTI, TX 78469 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 0 ISO Properties, Inc., 2003 Page 1 of 1 0 Endorsement#4 M•5528(0WJ2010) THIS ENDORSEMENT MODIFIES THE POLICY.PLEASE READ IT CAREFULLY. PROVISION OF EXTENDED NOTICE OF CANCELLATION If this policy is canceled,we will mail notice of cancellation to the persons or organizations named in the Schedule.We will give the number of days'notice indicated in the Schedule plus three calendar days for mail time. SCHEDULE Name of Person(s)or OrganIzation(s) Number of Days'Notice Address THE CITY OF CORPUS CHRISTI / 1201 LEOPARD ST. 30 ✓ CORPUS CHRISTI,TX 78401 All other terms,conditions,and exclusions remain unchanged. Company Name Policy Number 73 APS 052391 National Uablllty&Fire Insurance Company Endorsement Effective 05/28/2015 12:05 PM ✓/ Named Insured Countersigned by Don A ORTIZ CONSTRUCTION&PAVING INC """""o (Authorized Representative) (The Attaching Clause need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) M-5528(0W2010) ACORD" DATE(MM/DD/YYW) CERTIFICATE OF LIABILITY INSURANCE 05/28/2015 12:05 PM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR N EGATIVELY 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:lithe certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.II SUBROGATION IS WANED,subject to the teens and conditions of the policy,certain policies may require an endorsement.A statement on this cerdtcate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Burns&Wilcox Ltd. Higginbotham&Associates NAME FAC 500 W.13th Street P1-10 NC N E a) 8176521277 No) Fort Worth,TX 76102 E-MAIL ADDEESS. INSURER(S)AFFORDING COVERAGE NAIC K INSURED INSURER A NATIONAL LIABILITY&FIRE INSURANCE Y0052 A OR11Z CONSTRUCTION&PAVING INC INSURER B COMPANY 102 AIRPORT ROAD INSURER C CORPUS CHRISTI,TX 78405 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 224,340 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 WI-I ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'NSR ADDL SUER POLICY EFF POLICY EXP LIR TYPE OF INSURANCE BAD WYD POLICY NUMBER (MIMOONYYYYI (HBNOO'YYY) LIMBS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED �-^� PREMI SES(Ea occurrence) 1 CLAIMS-MADE ❑OCCUR MED EXP(Ary ore person) $ PERSONAL&ADV INJURY 5 GENERAL AGGREGATE $ GEN- .AGGREGATE U MIT APPLIES PER PRODJCTS-CCMPIOP AGG $ IPOUCY n OCT I I LOC $ AUTOMOBILE AUTHORITY JJJ COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) AN)AUTO BODILY INJURY(Per Person) f N/A \AyL OWNED X SCHEDULED 73APS052391 11/29/2014 10/29/2015 BODILY INJURY(Per acadent) f NIA A A�"Ob. AUTOb $ X HIRED AUTOS X NON-OWNED 12:01 AM 12:01 AM PROPERTY DAMAGE NIA AUTOS (Per accident) UMBRELLA LMB OCCUR EACH OCCURRENCE EXCESS LAE r^CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS'LIABILITY TORY OMITS FR ANY PROPRETORIPARTNER/EXECUTIVE N/A E L EACH ACCIDENT $ OFFICERMEMBER EXCLUDED? Y/N (Mandatory In NH) E L DISEASE-EA EMPLOYEE f If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY OMIT $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It mere space N required) When this policy is cancelled,the Company agrees to provide 30 days advance notice to the Certificate Holder. Vehicle Schedule:see attached CERTIFICATE HOLDER CANCELLATION THE CITY OF CORPUS CHRISTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES NE CANCELLED BEFORE THE 1201 LEOPARD ST. EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE CORPUS CHRISTI,TX 78401 POLICY PZEDlREPRE AUTHOR ZED REPRESENTATIVE ACORD 25(2010/05) 1988-2010 ACORD CORPORATION.All rights reserved. M•5652(1112011) The ACORD name and logo are registered marks of ACORD Vehicle Schedule Comp or Stated Phys Dam In-Tow Cargo Year NIa-n.Model.Wel Collision too, Cain Amount Deductible Loin Lind 1993 INTERNATIONAL TRUCK 1HTSAZRP1P14529255 N/A N/A N/A N/A NIA 2003 FREIGHTLINER TRACTOR 1FUJA6CV23LL95564 N/A N/A N/A N/A NIA 2003 WITZCO TRAILER 1W$A11E2538000285 NIA N/A N/A N/A N/A 2006 DIAMOND T TRAILER 5FWFS20266R008649 N/A NIA N/A N/A N/A 1999 INTERNATIONAL OTHER-TRUCK 1HTSDAAL6XH617073 N/A N/A N/A N/A N/A 2012 FORD F-250 1FT7W2A67CE1189278 Covered C 32,000 500/500 N/A NIA 1979 CHEROKEE TRAILER 312 NIA NIA NIA N/A NIA 2002 BHOPMADE TRAILER TR190998 N/A NIA N/A N/A N/A 2003 FREIGHTLINER TRACTOR 1FUJA6CV93LL96696 N/A NIA NIA N/A N/A 1998INGRAND TRAILER 290778UF11221 NIA N/A N/A NIA N/A 2007 PETEROILT TRACTOR 1XPHD49X0713744908 Covered C 75,000 100011000 NIA N/A 2013 FORD F-1501F1FW1CF6DKE21925 Covered C 32,000 500/500 N/A N/A 2013 FORD F-2501FT7W2060DE885797 Covered C 35,000 500/500 NIA N/A 1999 UTILITY OTHER TR198364 N/A N/A NIA NIA N/A 2004 FORD F-250 1PTNW20L24EA62678 N/A NIA N/A NIA N/A 1995 KENWORTH TRACTOR 1XKDD59X988648144 NIA NIA NIA NIA N/A 2003 CPB OTHER 5MC5155283P004383 N/A N/A N/A N/A NIA 2015 FORD F-150 1FTEWIEG1FFA24085 Covered C 65,000 500/1000 N/A NIA 2015 FORD F-150 1FTEW1CFXFFA24080 Covered C 35,000 500/500 N/A N/A Endorsement#4290r(110) GENERAL CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy on the inception date of the policy or on the date shown below. It is agreed that the policy is changed as follows: Add Certificate Holder with Days Notice The Mowing endorsements and rents are attached and become port atm policy: N 6626 Oat7010 Provision of Extended Notice of Cancellation Certificate Holder Days Notice THE CITY OF CORPUS CHRISTI 30 Additional Premium $ Pro-Rate Factor: 1.00 Return Premium $ All other terms,conditions and agreements remain unchanged. Company Name Policy Number 7National Liability&Fire Insurance Company n EAPS 052391 Endorsement Effective 051291201512:05 PM Named Insured Countersigned atDon n�-I_ A ORTIZ CONSTRUCTION&PAVING INC by l. .oa1n (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-2004(11188) 001031201515:51 EE00122A.C6834130E-86158-22011E5DO8E5 ® WORKERLIABS'COMPENSATIONILITYINSURANCE ANDPOLICY EMPLOYERS exasivIunll Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: THE CITY OF CORPUS CHRISTI 1201 LEOPARD ST. CORPUS CHRISTI , TX 78401 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following"attaching c use"need be completed only when this endorsement is issued subsequent to preparation of the policy,) This endorsement,effective on May 28 , 2015 at 12:01 A M standard time,forms a part of Policy No. TSF-0001185671 20141029 of the Texas Mutual Insurance Company Issued to A ORT I Z CONSTRUCTION & PAVING INC Endorsement No. 3 ** Premium$ 0.00 144.42.41C.A.— ** NCCI Carder Code 29939 Authorized Representative ** WC420601(ED.1-94) INSURED'S COPY WASENDRS 5-28-2015 WORKERS'COMPENSATION AND EMPLOYERS TexasMutuJ LIABILITY INSURANCE POLICY InstuanceCompany WC 99 03 01 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: / FORM WC42 06 01 (TX NOTICE OF MATERIAL CHANGE) IS ADDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on May 28, 2015 \/ at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001185671 20141029 of the Texas Mutual Insurance Company Issued to A ORT I Z CONSTRUCTION & PAVING INC Endorsement No. 3 Premium$ 0.00 /1 .42 ww ** Authorized Representative WC990301(ED.1-94) INSURED'S COPY WASENDRS 5-28-2015 WORKERS' COMPENSATION AND TeXaSMUttlar EMPLOYERS LIABILITY INSURANCE POLICY ceCt,pany ENDORSEMENT SCHEDULE EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED POLICY NUMBER A ORTIZ CONSTRUCTION & PAVING INC TSF-0001185671 20141029 102 AIRPORT RD CORPUS CHRISTI , TX 78405-3205 ISSUE DATE 5-28-2015 ITEM 3D ** ENDORSEMENT SCHEDULE '* EDITION STATE NUMBER DESCRIPTION DATE 42 TM-LRC-2008 LIMITED REIMBURSEMENT COVERAGE 1-01-2008 42 TM-PC-2003 POLICY CONDITIONS ENDORSEMENT 3-25-2003 42 TM-MV-2011 MUTUAL ENDORSEMENT FORM 1-01-2012 42 WC00 00 00B WORKERS COMPENSATION AND EMPLO 7-01-2011 42 WC00 00 01A WORKERS COMP/EMPLOYERS LIAB 7-01-2011 42 WC00 04 06 PREMIUM DISCOUNT 1-01-1994 42 WC00 04 22A TERRORISM RISK INSURANCE PROG 6-01-2014 42 WC42 03 01G TEXAS AMENDATORY 6-01-2014 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 3-23-2002 42 WC42 04 08A NETWORK DISCOUNT 6-01-2014 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1-01-1994 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1-01-1994 42 WC42 03 04B TX WAIVER OF RIGHT TO RECOVER 6-01-2014 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement,effective on May 28 , 2015 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001185671 20141029 of the Texas Mutual Insurance Company Issued to A ORT I Z CONSTRUCTION & PAVING I NC Endorsement No. 3 +* Premium$ 0.00 /( x ++ NCCI Carrier Code 29939 Authorized Representative WC000001A(ED.7-11) INSURED'S COPY WASENDRS 5-28-2015 TexasMutuar A ORTIZ CONSTRUCTION &PAVING INC 102 AIRPORT RD CORPUS CHRISTI,TX 78405-3205 REF:TSF-0001185671 User ID: WASENDRS ** ** ** ENDTWS(06409/99) A ® WORKERS'COMPENSATION AND EMPLOYERS exasivIii.tu LIABILITY INSURANCE POLICY InssiceCompany WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT / This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERAT I ONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on I at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001185671 20141029 of the Texas Mutual Insurance Company Issued to A ORT I Z CONSTRUCTION & PAVING INC Endorsement No. Premium$ 17144.4 -&Z5144#--- NCCI Carrier Code 29939 Authorized Representative WC420304B(ED.6-01-2014) INSURED'S COPY QUSER 10-29-2014