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C2018-344 - 1/23/2018 - Approved
2018-344 1/23/18 M2O18-012 00 52 23 AGREEMENT Reytec Construction Resources This Agreement,for the Project awarded on January 23,2018, is between the City of Corpus Christi (Owner)and Revtec Construction Resources,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012) Project No. E12095 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc 800 N.Shoreline Blvd.,Suite 1600N Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 600 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 630 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23- 1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev06-22-2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF STAPLES STREET KOSTORYZ ROAD TO BRAWNER PARKWAY ( Bond 2012) PROJECT NUMBER E12095 FREESE 1115MICHOLS 800 N. Shoreline Blvd, Suite 1600N Corpus Christi, Texas 78401-3717 — Phone — (361) 561-6500 — Fax — (361) 561-6501 OF Q TFk�I CityOf ;o'?...®®®aaaaa®®®®&0 % NICHOLAS A. CECAVA � �aaaaa®®®®®aaaaa®®®®®aaa a®� C017pus ���®® 97391 � o Ili F ENS�O® ao Christi Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 Record Drawing Number STR-884 OCTOBER 16, 2017 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Revo1-13-2016) 00 30 01 Bid Form (Revo1-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement (Rev06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Revo1-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule Table of Contents 000100- 1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 020100 Survey Monuments 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment 025416 Seal Coat 025418 Surface Treatment 025424 Hot Mix Asphaltic Concrete Pavement 025608 Inlets 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement Table of Contents 000100-2 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 Division/ Title Section 025803 Traffic Signal Adjustments 025805 Work Zone Pavement Markings 025807 Pavement Markings 025813 Preformed Thermoplastic Striping, Words, and Emblems 025816 Raised Pavement Markers 025818 Reference— Pavement Markers (Reflectorized) (TxDOT D-9-4200) 025828 Reference - Bituminous Adhesive for Pavement Markers (TxDOT D-9-6130) 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026204 PVC Pipe—ASTM 026206 Ductile Iron Pipe and Fittings 026210 PVC Pipe -AWWA 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves and Valves 026411 Gate Valves for Waterlines 026416 Fire Hydrants 026602 Wastewater Force Main 027200 Control of Wastewater Flows—Bypass Pumping Systems 027202 Manholes 027203 Vacuum Testing of Wastewater Manholes and Structures 027205 Fiberglass Manholes 027402 Reinforced Concrete Pipe Culverts 027404 Concrete Box Culverts 027602 Gravity Wastewater Lines 027604 Disposal of Waste From Wastewater Cleaning Operations 027611 Cleaning and Televised Inspection of Conduits 027618 Pipebursting 028020 Seeding 028040 Sodding 028300 Fence Relocation 030020 Portland Cement Concrete Table of Contents 000100-3 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 Division/ Title Section 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications 025802-MOD Temporary Traffic Controls During Construction 02680 Gas Piping 027606-MOD Wastewater Service Lines 34 41 13.00 Traffic Signal Standards and General Requirements 3441 13.13 Installation of Traffic Equipment 3441 16.23 Traffic Signal Cabinet and Assemblies 3441 16.33 Traffic Signal Controller Unit 34 41 16.43 Ground Boxes 34 41 16.53 Vehicle Signal Heads 3441 16.63 Pedestrian Signals 34 41 16.93 Poles and Assemblies 3441 19.13 Electrical Services for Traffic Equipment 3441 19.73 Uninterruptible Power Supply 34 41 23.39 Radar Presence Detector Appendix Title A Geotechnical Report B Subsurface Utility Engineering (S.U.E.) Report C Quazite PG2436BA24 Stackable Open Bottom Assembly D City of Corpus Christi—Signalization Standard Product List END OF SECTION Table of Contents 000100-4 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Staples Street- Kostoryz Road to Brawner Parkway(Bond 2012) Prosect No. E12095 A. This project includes the full reconstruction of approximately 5,100 LF of an existing arterial roadway. The proposed improvements include concrete or hot mix asphalt pavement, concrete curb and gutter, concrete header curb, concrete driveways,ADA—compliant sidewalks and pedestrian facilities, water distribution,wastewater collection, storm water drainage, and gas line improvements. Additional work items included with the project are traffic signalization, pavement markings, signage,traffic control and sequencing, and IT and street lighting conduit, and coordination with franchise utility owners and City Departments on existing utilities. B. The project includes base bids for two pavement alternatives: Base Bid 1—"Concrete Pavement" and Base Bid 2—"H.M.A.C. Pavement." Bidders have the option of submitting a bid for either Base Bid 1 or Base Bid 2 or may submit bids for both Base Bids 1 and 2. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $11,751,000 for Base Bid 1-Concrete Pavement and $10,271,000 for Base Bid 2 -H.M.A.C. Pavement. The Project is to be substantially complete and ready for operation within 600 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 P.M. on Wednesday, November 8, 2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. Invitation to Bid and Instructions to Bidders 002113- 1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Staples Street-Kostoryz Road to Brawner Parkway(Bond 2012), Project No. E12095 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 P.M. on Wednesday, November 8, 2017, at the following location: City Hall Building City of Corpus Christi 3rd Floor—Parks and Recreation Department Engineering Services SmartBoard Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 9:00 A.M. on Tuesday, October 31,2017 at the following location: City Hall Building City of Corpus Christi 3rd Floor—Parks and Recreation Department Engineering Services SmartBoard Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-2 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-3 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. 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 8—BID SECURITY 8.01 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. 8.02 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 submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 8.03 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: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 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. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-4 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Invitation to Bid and Instructions to Bidders 002113-5 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 0045 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 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. 16.02 Minority participation goal for this Project has been established to be 45%. Invitation to Bid and Instructions to Bidders 002113-6 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Reytec Construction Resources, Inc. _ (type or print name of company)on: 2:00 P.M.on Wednesday, November 8,2017 for Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E1209S. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012), Project No. E12095 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 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 SECTION 00 2113 INVITATION 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: Bid Acknowledgement Form 003000-1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt 1 11/02/2017 I ' 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. 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. Bid Acknowledgement Form 003000-2 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 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. 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 the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. 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. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's Bid Acknowledgement Form 003000-3 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner 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 or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 600 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 630 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. Bid Acknowledgement Form 003000-4 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to 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. Bid Acknowledgement Form 003000-5 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Reytec Construction Resources, Inc. (typed or pri ull legal name of Bidder) By: (in viduol's signature) Name: Gregg T. Reyes (typed or printed) Title: President (typed or printed) Attest: Rebecca Reyes (individuaPs sig ature) State of Residency: Texas Federal Tax Id. No. 76-0516513 Address forgiving notices: 1901 Hollister St. Houston, TX 77080 Phone: 713-957-4003 Email: GReyes@reytec.net (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑x Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Reytec Construction Resources, Inc. ftypl5br printed) By: Arl� —7�- Ige�oe7 (signature--attach ence of authority to sign) Name: Gregg T. Reyes (typed or printed) Title: President Business address: 1901 Hollister St, Houston, TX 77080 Phone: 713.957.4003 Email: GReyes@reytec.net END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 11-25-2013 ADDENDUM1 ATTACHMENT SHEET 1 OF 2 00 30 05 City of Corpus Christi Disclosure of Interest SU It R E TBE A O B�ASSIGNED BY'Cl'fr— .� PURCHASING DIVISION w~ CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended, requires al l persons or firms seeking to do business with the City to provide the following information. Every question must be answered. l the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Reytec Construction Resources, Inc. P.O.BOX: STREET ADDRESS: 1901 Hollister St, CITY: Houston ZIP: 77080 - FIRM IS: 1. Corporation x8 2. Partnership ❑ 3. Sole Owner F]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 None Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title None 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 None Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant None City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev01-13-2016 ADDENDUM 1 ATTACHMENT 2 SHEET 2 OF 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus.Christi,Texas as changes occur. Certifying Person: Gregg T. Reyes Title: President (Type or Pring Signature of Certifying Date: Person: 4777 11/06/2017 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements" g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Disclosure of interest Rev 01-13-2016 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: Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012) Project No. E12095 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Reytec Construction Resources, Inc. (typed or . ted) �~ BY: J , _ ig ature--attach eviden of authority to sign) Name: Gregg T. Reyes (typed or printed) Title: President Business address: 1901 Hollister St, Houston, TX 77080 Phone: 713.957.4003 Email: GReyes@reytec.net END OF SECTION Non-Collusion Certification 003006-1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 11-25-2013 Report Created On:11/8/2017 3:15:37 PM BID TOTALS BASE BID 1 -CONCRETE PAVEMENT Total General $1,281,752.00 Street Improvements $3,767,203.30 A.D.A Pedestrian Improvements $559,020.00 RTA Improvements $34,816.00 Gas Line Improvements $388,706.00 I.T. Improvements $99,416.00 Street Lighting Improvements $19,688.00 Signalization Improvements $821,200.00 Storm Water Drainage Improvements $2,511,400.00 Water Distribution Improvements $740,544.00 Wastewater Improvements $491,779.00 Total $10,715,524.30 ADDITIVE ALTERNATE NO. 1 Total Additive Alternate#1 -Gas Line Improvements $1,067,770.00 Total $1,067,770.00 BASE BID 2-HMAC PAVEMENT Total General Not Bidding Street Improvements Not Bidding A.D.A Pedestrian Improvements Not Bidding RTA Improvements Not Bidding Gas Line Improvements Not Bidding I.T. Improvements Not Bidding Street Lighting Improvements Not Bidding Signalization Improvements Not Bidding Storm Water Drainage Improvements Not Bidding Water Distribution Improvements Not Bidding Wastewater Improvements Not Bidding Total Not Bidding CIVCAST Report Created On:11/8/2017 3:15:37 PM BB2-ADDITIVE ALTERNATE NO.1 Total Additive Alternate#1 -Gas Line Improvements Not Bidding Total Not Bidding BASE BID 1 - CONCRETE PAVEMENT General No. Description Unit Qty Unit Price Ext Price 1-A1 Mobilization LS 1 $200,000.00 $200,000.00 1-A2 Bonds LS 1 $100,000.00 $100,000.00 1-A3 Clear Right-of-Way AC 13 $27,000.00 $351,000.00 1-A4 Ozone Day DAY 4 $500.00 $2,000.00 1-A5 Survey Monument EA 2 $1,000.00 $2,000.00 1-A6 Traffic Control Advance Warning LS 1 $12,000.00 $12,000.00 Signage 1-A7 Temporary Traffic Controls LS 1 $400,000.00 $400,000.00 1-A8 Temporary Pavement for Detours SY 1500 $48.00 $72,000.00 1-A9 Temporary 6'Wide Asphalt Walkway SY 208 $34.00 $7,072.00 1-A10 Block Sodding SY 12600 $4.50 $56,700.00 1-A11 Seeding for Erosion Control SY 100 $15.00 $1,500.00 1-Al2 Silt Fence for Storm Water Pollution LF 8400 $4.50 $37,800.00 Prevention 1-A13 Curb Inlet Protection EA 58 $120.00 $6,960.00 1-A14 Storm Water Pollution Prevention Plan LS 1 $23,000.00 $23,000.00 1-A15 Rock Filter Dam LF 84 $80.00 $6,720.00 1-A16 Traffic Control Plan and Prep LS 1 $3,000.00 $3,000.00 Sub Total: $1,281,752.00 Street Improvements No. Description Unit Qty Unit Price Ext Price 1-131 Street Excavation SY 40506 $5.00 $202,530.00 1-B2 12"Compacted Subgrade SY 40183 $3.50 $140,640.50 1-B3 6"Crushed Limestone Flexible Base SY 39027 $13.00 $507,351.00 (Type A, Grade 1-2) 1-B4 8"Thick Continuously Reinforced SY 35618 $64.00 $2,279,552.00 Concrete Pavement CIVCAST Report Created On:11/8/2017 3:15:37 PM Street Improvements No. Description Unit Qty Unit Price Ext Price 1-B5 8"Thick Jointed Reinforced Concrete SY 2257 $78.00 $176,046.00 Pavement 1-B6 Prime Coat(0.15 GAL/SY) GAL 163 $7.00 $1,141.00 1-B7 9"Crushed Limestone Flexible Base SY 1163 $23.00 $26,749.00 (Type A, Grade 1-2) 1-B8 Geogrid (TensarTX-5) SY 1163 $4.00 $4,652.00 1-139 2"HMACP(Type D)Surface Course SY 1084 $28.00 $30,352.00 1-1310 3 1/2"HMACP(Type B)Base Course SY 1084 $30.00 $32,520.00 1-1311 6"Concrete Driveway SF 14700 $11.00 $161,700.00 1-1312 Unanticipated Concrete Driveway SF 250 $1.50 $375.00 Removal 1-1313 Asphalt Pavement Repair(Type 1) SY 320 $85.00 $27,200.00 (Service Road) 1-1314 Asphalt Pavement Repair(Type 2) SY 722 $58.00 $41,876.00 (Side Streets) 1-1315 Adjust Existing Manhole to Finish EA 21 $1,400.00 $29,400.00 Grade 1-1316 Prefab Pavement Marking Type I(W) EA 27 $204.00 $5,508.00 (ARROW) 1-617 Prefab. Pavement Marking Type I(W) EA 9 $306.00 $2,754.00 (ONLY) 1-1318 Refl. Pavement Marking Type 1 (Y) LF 5275 $0.60 $3,165.00 (4")(SOLID) 1-1319 Refl. Pavement Marking Type 1 (Y) LF 1390 $1.00 $1,390.00 (4")(DBL)(SOLID) 1-1320 Refl. Pavement Marking Type 1 (Y) LF 220 $1.20 $264.00 (8")(SOLID) 1-1321 Refl. Pavement Marking Type 1 (Y) LF 50 $1.80 $90.00 (8")(DBL)(SOLID) 1-1322 Refl. Pavement Marking Type 1 (Y) LF 1510 $0.60 $906.00 (4")(BROKEN) 1-1323 Refl. Pavement Marking Type 1 (W) LF 2470 $0.60 $1,482.00 (4")(BROKEN) 1-1324 Refl. Pavement Marking Type 1 (W) LF 1150 $1.00 $1,150.00 (8")(SOLID) 1-1325 Refl. Pavement Marking Type 1 (W) LF 170 $1.70 $289.00 (12")(SOLID) 1-B26 Prefab. Pavement Marking Type 1 (W) LF 121 $2.45 $296.45 (16")(SOLID) 1-B27 Prefab. Pavement Marking Type 1 (W) LF 309 $3.70 $1,143.30 (24")(SOLID) CIVCAST Report Created On:11/8/2017 3:15:37 PM Street Improvements No. Description Unit Qty Unit Price Ext Price 1-1328 Refl. Pavement Marking Type 1 (W) LF 238 $1.40 $333.20 (4")(BROKEN)2'SEGMENT,6'GAP 1-1329 Prefab. Pavement Marking Type 1 LF 20 $31.00 $620.00 Yield Lines(W)(24"x36") 1-B30 Eradicate Existing Pavement Markings LF 119 $0.15 $17.85 1-1331 TY II-C Raised Pavement Marker EA 170 $4.60 $782.00 (Reflectorized) 1-1332 TY II-A-A Raised Pavement Marker EA 130 $4.60 $598.00 (Reflectorized) 1-B33 Street Sign Assembly w/9"Blades EA 15 $640.00 $9,600.00 (Green)and Stop Sign 1-B34 Stop Sign Only EA 6 $535.00 $3,210.00 1-B35 Regulatory Sign EA 28 $495.00 $13,860.00 1-B36 Warning Sign EA 12 $460.00 $5,520.00 1-B37 Other Signs EA 4 $535.00 $2,140.00 1-B38 Allowance for Unanticipated Street- LS 1 $50,000.00 $50,000.00 Related Improvements Sub Total: $3,767,203.30 A.D.A Pedestrian Improvements No. Description Unit Qty Unit Price Ext Price 1-C1 4"Thick Concrete Sidewalk SF 58600 $7.50 $439,500.00 1-C2 Concrete Curb Ramp SF 4748 $20.00 $94,960.00 1-C3 Prefab. Pavement Marking Type 1 (W) LF 620 $38.00 $23,560.00 (Crosswalk)(10'Wide) 1-C4 Unanticipated Concrete Sidewalk SF 250 $4.00 $1,000.00 Removal Sub Total: $559,020.00 RTA Improvements No. Description Unit Qty Unit Price Ext Price 1-D1 5"Pedestrian Concrete Bus Stop Pad SF 2176 $16.00 $34,816.00 Sub Total: $34,816.00 CIVCAST Report Created On:11/8/2017 3:15:37 PM Gas Line Improvements No. Description Unit Qty Unit Price Ext Price 1-E1 Trenching for W.S.Gas Lines and P.E. LF 5830 $30.00 $174,900.00 Gas Lines 1-E2 Backfilling for W.S.Gas Lines and LF 5830 $32.00 $186,560.00 P.E. Gas Lines 1-E3 Adjust Existing Gas Valve Boxes To EA 10 $900.00 $9,000.00 Finish Grade 1-E4 Remove Existing 4"and 6"Gas Lines LF 836 $16.00 $13,376.00 1-E5 Abandon in Place Existing 6"Gas Line LF 4870 $1.00 $4,870.00 Sub Total: $388,706.00 I.T. Improvements No. Description Unit Qty Unit Price Ext Price 1-F1 2"Dia. PVC(SCH 40)Elect. Conduit LF 5151 $16.00 $82,416.00 w/Mule Tape 1-F2 24"x36"x18"Pullbox(Handhole) EA 10 $1,700.00 $17,000.00 Sub Total: $99,416.00 Street Lighting Improvements No. Description Unit Qty Unit Price Ext Price 1-G1 2"Dia. PVC(SCH 40)Elect. Conduit LF 793 $16.00 $12,688.00 w/Mule Tape 1-G2 11"x18"x18"Pullbox(Handhole)for EA 7 $1,000.00 $7,000.00 Lighting Conduit Sub Total: $19,688.00 Signalization Improvements No. Description Unit Qty Unit Price Ext Price 1-H1 Kostoryz Rd. Intersection Signalization LS 1 $270,000.00 $270,000.00 1-H2 Texan Trail Intersection Signalization LS 1 $270,000.00 $270,000.00 1-H3 Carroll Lane Intersection Signalization LS 1 $270,000.00 $270,000.00 1-H4 Remove And Install School Zone EA 2 $5,600.00 $11,200.00 Flasher Assembly Sub Total: $821,200.00 CIVCAST Report Created On:11/8/2017 3:15:37 PM Storm Water Drainage Improvements No. Description Unit Qty Unit Price Ext Price 1-11 18" Dia. RCP(Class III) LF 678 $94.00 $63,732.00 1-12 21"Dia. RCP(Class 111) LF 15 $104.00 $1,560.00 1-13 24"Dia. RCP(Class 111) LF 1625 $110.00 $178,750.00 1-14 30"Dia. RCP(Class 111) LF 951 $128.00 $121,728.00 1-15 36"Dia. RCP(Class 111) LF 1785 $187.00 $333,795.00 1-16 48"Dia. RCP(Class 111) LF 109 $275.00 $29,975.00 1-17 54" Dia. RCP(Class 111) LF 1110 $303.00 $336,330.00 1-18 60"Dia. RCP(Class 111) LF 2222 $365.00 $811,030.00 1-19 Tie-In Existing 18"Dia. RCP EA 9 $550.00 $4,950.00 1-110 Tie-In Existing 21"Dia. RCP EA 1 $580.00 $580.00 1-111 Tie-In Existing 24"Dia. RCP EA 5 $700.00 $3,500.00 1-112 Tie-In Existing 30"Dia. RCP EA 1 $900.00 $900.00 1-113 Tie-In Prop.36" RCP to Existing EA 1 $6,500.00 $6,500.00 12'x11'RCB 1-114 Tie-In Prop.60" RCP to Existing EA 1 $9,500.00 $9,500.00 12'x11' RCB 1-115 15"Dia.Plug EA 1 $250.00 $250.00 1-116 18"Dia.Plug EA 1 $260.00 $260.00 1-117 60" Dia. Plug EA 1 $850.00 $850.00 1-118 Sidewalk Drain EA 5 $2,700.00 $13,500.00 1-119 5'Standard Curb Inlet EA 23 $4,200.00 $96,600.00 1-120 5'Curb Inlet Extension EA 12 $1,000.00 $12,000.00 1-121 5'Type'C'Inlet EA 10 $7,000.00 $70,000.00 1-122 Concrete Post Inlet EA 1 $3,800.00 $3,800.00 1-123 4'Dia. Concrete Storm Water Manhole EA 4 $3,800.00 $15,200.00 (Type'A') 1-124 5'Dia. Concrete Storm Water Manhole EA 3 $5,100.00 $15,300.00 (Type'A') 1-125 6'Dia. Concrete Storm Water Manhole EA 4 $8,800.00 $35,200.00 (Type'A') 1-126 Concrete Storm Water Manhole(Type EA 6 $7,300.00 $43,800.00 'Cl) 1-127 Concrete Storm Water Manhole(Type EA 5 $7,700.00 $38,500.00 'D') 1-128 Concrete Storm Water Manhole(Type EA 1 $8,400.00 $8,400.00 'E') CIVCAST Report Created On:11/8/2017 3:15:37 PM Storm Water Drainage Improvements No. Description Unit Qty Unit Price Ext Price 1-129 Concrete Junction Box(JB-1) EA 1 $24,000.00 $24,000.00 1-130 Concrete Junction Box(JB-2) EA 1 $40,000.00 $40,000.00 1-131 18"x 18"Tee(Prefab.) EA 2 $940.00 $1,880.00 1-132 24"x 18" Eccentric Tee(Prefab.) EA 1 $1,200.00 $1,200.00 1-133 54"x 18" Eccentric Tee(Prefab.) EA 3 $5,100.00 $15,300.00 1-134 60"x 18" Eccentric Tee(Prefab.) EA 1 $5,500.00 $5,500.00 1-135 Remove and Replace Existing Curb EA 6 $2,000.00 $12,000.00 Inlet Top w/New Top 1-136 Remove Exist. Curb Inlet Top and Fill EA 5 $1,000.00 $5,000.00 w/Concrete 1-137 Plug Exist. RCP Inside of Exist. EA 3 $700.00 $2,100.00 Manhole 1-138 6"Concrete Curb and Gutter LF 392 $35.00 $13,720.00 1-139 6"Concrete Curb LF 10420 $4.00 $41,680.00 1-140 6"Reverse Concrete Curb and Gutter LF 175 $32.00 $5,600.00 1-141 Trench Safety for Storm Water LF 8495 $4.00 $33,980.00 Conduits 1-142 Trench Safety for Storm Water EA 59 $50.00 $2,950.00 Manhole,Junction Box,and Inlets 1-143 Allowance for Unanticipated Storm LS 1 $50,000.00 $50,000.00 Water Improvements Sub Total: $2,511,400.00 Water Distribution Improvements No. Description Unit Qty Unit Price Ext Price 1-11 2"Tie-in Connection EA 1 $700.00 $700.00 1-J2 4"Dia. PVC(Sch.40)Waterline LF 15 $100.00 $1,500.00 1-J3 4"x 2"D.I. Reducer EA 1 $150.00 $150.00 1-J4 4"Tie-in Connection EA 2 $900.00 $1,800.00 1-J5 4"Gate Valve with Box and Cover EA 1 $1,100.00 $1,100.00 1-J6 4"Dia.45°D.I. Bend EA 1 $250.00 $250.00 1-J7 4"Plug EA 1 $180.00 $180.00 1-J8 6"Dia. D.I.Waterline LF 283 $110.00 $31,130.00 1-J9 6"Dia.45°D.I. Bend EA 12 $300.00 $3,600.00 1-J10 6"Plug EA 1 $200.00 $200.00 MCAST Report Created On:11/8/2017 3:15:37 PM Water Distribution Improvements No. Description Unit Qty Unit Price Ext Price 1-J11 6"Tie-In Connection EA 32 $1,500.00 $48,000.00 1-J12 8"Dia. C900 PVC Waterline(DR 18) LF 2175 $88.00 $191,400.00 1-J13 8"Dia. D.I.Waterline LF 1073 $132.00 $141,636.00 1-J14 8"Dia.45°D.I. Bend EA 92 $400.00 $36,800.00 1-J15 8"Gate Valve with Box and Cover EA 16 $1,600.00 $25,600.00 1-J16 8"Tie-in Connection EA 4 $2,000.00 $8,000.00 1-J17 8"Dia. 11 1/4°D.I.Bend EA 1 $400.00 $400.00 1-J18 8"Dia.22 1/2°D.I.Bend EA 1 $400.00 $400.00 1_J19 8"x 8"D.I.Tee EA 6 $550.00 $3,300.00 1-J20 8"x 4"D.I.Tee EA 1 $500.00 $500.00 1-J21 8"x 6"D.I. Reducer EA 24 $330.00 $7,920.00 1-J22 8"x 4"D.I. Reducer EA 1 $300.00 $300.00 1-J23 8"x 4"D.I.Wye EA 1 $500.00 $500.00 1-J24 12"Dia.C900 PVC Waterline(DR 18) LF 149 $120.00 $17,880.00 1-J25 12" Dia. D.I.Waterline LF 109 $150.00 $16,350.00 1-J26 12"Tie-In Connection EA 4 $3,300.00 $13,200.00 1-J27 12"Dia.45°D.I. Bend EA 11 $700.00 $7,700.00 1-J28 12"Gate Valve with Box and Cover EA 2 $2,500.00 $5,000.00 1-J29 12"x 8"D.I.Tee EA 2 $800.00 $1,600.00 1-J30 16" Dia.Steel Casing(Sch.40) LF 20 $126.00 $2,520.00 1-J31 Fire Hydrant Assembly(Type 1) EA 19 $6,000.00 $114,000.00 1-J32 Fire Hydrant Assembly(Type 2) EA 1 $5,000.00 $5,000.00 1-J33 Replace Existing Water Service EA 2 $1,450.00 $2,900.00 W/New Service Connection 1-J34 Adjust Exist.Water Valve Box to EA 23 $550.00 $12,650.00 Finish Grade 1-J35 Abandon in Place Existing 4" LF 462 $9.00 $4,158.00 Waterline 1-J36 Abandon in Place Existing 6" LF 132 $44.00 $5,808.00 Waterline 1-J37 Trench Safety for Waterlines LF 3804 $3.00 $11,412.00 1-J38 Allowance for Unanticipated Water LS 1 $15,000.00 $15,000.00 Improvements Sub Total: $740,544.00 CIVCAST Report Created On:11/8/2017 3:15:37 PM Wastewater Improvements No. Description Unit Qty Unit Price Ext Price 1-K1 6"Dia. PVC(SDR 26)Wastewater LF 4 $125.00 $500.00 Gravity Line(6'-8'Depth) 1-K2 6"Dia. PVC(SDR 26)Wastewater LF 36 $350.00 $12,600.00 Gravity Line(16'-18'Depth) 1-K3 6"Dia.Tie-in Connection EA 1 $850.00 $850.00 1-K4 6"Dia. Cleanout EA 1 $1,200.00 $1,200.00 1-K5 6"Dia.Tie-in to Existing Manhole EA 1 $1,200.00 $1,200.00 1-K6 8"Dia. PVC(SDR 26)Wastewater LF 19 $150.00 $2,850.00 Gravity Line(8'-10'Depth) 1-K7 8"Dia. PVC(SDR 26)Wastewater LF 70 $200.00 $14,000.00 Gravity Line(10'-12'Depth) 1-K8 8"Dia. PVC(SDR 26)Wastewater LF 10 $360.00 $3,600.00 Gravity Line(14'-16'Depth) 1-K9 8"Dia. PVC(SDR 26)Wastewater LF 104 $367.00 $38,168.00 Gravity Line(16'-18'Depth) 1-K10 8"Dia. HDPE(DR 11 I.P.S.) LF 72 $10.00 $720.00 Wastewater Gravity Line(10'-12' Depth) 1-K11 8"Dia.Tie-in Connection EA 7 $850.00 $5,950.00 1-K12 8"Dia. Drop Connection EA 6 $2,300.00 $13,800.00 1-K13 8"Dia.Tie-in to Existing Manhole EA 4 $1,300.00 $5,200.00 1-K14 10" Dia. PVC(SDR 26)Wastewater LF 66 $350.00 $23,100.00 Gravity Line(16'-18'Depth) 1-K15 10"Dia. HDPE(DR 11 I.P.S.) LF 145 $10.00 $1,450.00 Wastewater Gravity Line(8'-10'Depth) 1-K16 10" Dia. HDPE(DR 11 I.P.S.) LF 976 $10.00 $9,760.00 Wastewater Gravity Line(10'-12' Depth) 1-K17 10"Dia.Tie-in Connection EA 1 $900.00 $900.00 1-K18 10"Dia.Drop Connection EA 1 $3,000.00 $3,000.00 1-K19 10" Dia.Tie-in to Existing Manhole EA 1 $1,700.00 $1,700.00 1-K20 12"Dia.PVC(C900)Forcemain LF 489 $90.00 $44,010.00 1-K21 12"Dia. D.I. Forcemain with Epoxy LF 56 $150.00 $8,400.00 Lining 1-K22 12"Dia.45°D.I. Bend EA 8 $900.00 $7,200.00 1-K23 12"Dia.Tie-in Connection EA 2 $3,200.00 $6,400.00 1-K24 4'Dia. Fiberglass Manhole(<6'Depth) EA 6 $10,000.00 $60,000.00 1-K25 5'Dia. Fiberglass Manhole(<6'Depth) EA 4 $17,000.00 $68,000.00 CIVCAST Report Created On:11/8/2017 3:15:37 PM Wastewater Improvements No. Description Unit Qty Unit Price Ext Price 1-K26 Extra Depth for Manhole(Over 6' VF 70 $250.00 $17,500.00 Depth) 1-K27 Bypass Pumping of Raw Sewage LS 1 $10,000.00 $10,000.00 1-K28 Remove Existing Wastewater Line LF 355 $3.00 $1,065.00 1-K29 Pipe Burst Existing 8"VCP LF 1200 $70.00 $84,000.00 Wastewater Line 1-K30 Remove Existing Manhole EA 7 $250.00 $1,750.00 1-K31 Remove and Replace Existing 6'High LF 403 $22.00 $8,866.00 Wood Fence 1-K32 Trench Safety for Wastewater Lines LF 854 $10.00 $8,540.00 1-K33 Trench Safety for Wastewater EA 10 $150.00 $1,500.00 Manhole 1-K34 Wastewater Service Connections EA 2 $2,000.00 $4,000.00 1-K35 Allowance for Unanticipated LS 1 $20,000.00 $20,000.00 Wastewater Improvements Sub Total: $491,779.00 ADDITIVE ALTERNATE NO. 1 Additive Alternate#1 -Gas Line Improvements No. Description Unit Qty Unit Price Ext Price 1-1-1 4"Dia. F.B.E.Welded Steel Gas Line LF 45 $1,100.00 $49,500.00 (3'Min. Depth) 1-L2 4"Dia. F.B.E.Welded Steel 45° Bend EA 2 $250.00 $500.00 1-L3 6"x 4"Dia. F.B.E.Welded Steel Tee EA 1 $320.00 $320.00 1-L4 4"Ball Valve(Welded Ends)with Box EA 1 $2,800.00 $2,800.00 and Cover 1-1-5 6"Dia. F.B.E.Welded Steel Gas Line LF 5000 $194.00 $970,000.00 (4'Min. Depth) 1-L6 6"Dia. F.B.E.Welded Steel 45°Bend EA 59 $270.00 $15,930.00 1-L7 6"Dia. F.B.E.Welded Steel Tee EA 2 $260.00 $520.00 1-1-8 6"Ball Valve(Welded Ends)with Box EA 6 $4,700.00 $28,200.00 and Cover Sub Total: $1,067,770.00 CIVCAST Report Created On: 11/8/2017 3:15:37 PM BASE BID 2- HMAC PAVEMENT Not Bidding 13132- ADDITIVE ALTERNATE NO. 1 Not Bidding BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS, That we, itewe c.,ortiviii-w itCN001TVs,If,C. , as Principal, and Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto city of corpus Christi,Texas , as Obligee, in the sum Of Five Percent of Greatest Amount Bid Dollars( 5%GAB )for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for Staples Street from Kostoritz Road to Brawner Parkwav(Bond 2012) Proiect No. E12095 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this stn day of November 2017 Reytcc Construction Resources,Inc. [Princi By: A — 04W, regg T. Reyes, P esident Travelers Casualty and Surety Company of America By: AAUI.). Vfrry n. ide , Attorney-in-Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A► POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226123 Certificate No.0 0 6 8 0 513 3 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Norman E.Adams,John A.Prince,Michael Macomber,and Larry D.Snider of the City of Houston ,State of Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20th day of May 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul.Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company f.��U'{f LIRE d yhK fNg i iXByA *lY Akd. �i7! Y �� g r�n y�i�� MCCRADRAiED4 41._.. —T'� fYORrcNhTc`y w`'�gP9RArfF d ` ��;, �k'a�'ratt0 HARTFORn, FLVATFAfE� J RALYS CORN. s a��r. R 'ppJ7855 rf � .wr.Y. 1S�^�Wi tp........�i� 6+ ,,,s+ a '�" Ott♦Lt�� / t State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vic¢President On this the 20th d`av of May 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•717 In Witness Whereof,I hereunto set my hand and official seal. i7TlJ*N W w� 1. My Commission expires the 30th day of June,2021. At '4tMLtlr Marie C Tetreault,Notary Public � � 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Report Created On: 11/8/2017 3:15:38 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Romeo Lopez 11/08/2017 10:29:33 AM Report Created On:11/8/2017 3:15:38 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E12095 Specifications 10/24/2017 1:12:05 PM Plans E12095 Plans 10/24/2017 1:12:05 PM Bidders E12095 Bidders Worksheet 1 10/24/2017 1:12:05 PM Bidders E12095 Bidders Worksheet 2 10/24/2017 1:12:05 PM Bidders Pre-Bid Attendance Roster 11/01/2017 8:24:53 AM Addenda Addendum#1 11/03/2017 12:07:24 PM 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 23,2018, is between the City of Corpus Christi (Owner) and Reytec Construction Resources, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Staples Street— Kostoryz Road to Brawner Parkway(Bond 2012) Project No. E12095 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, TX 78401 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 600 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 630 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 005223- 1 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. 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#1 Price $ 10,715,524.30 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 005223-2 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 005223-4 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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 One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Digitally signetl by Rebecca Huetlz Digitally signed by Jeff Edmonds Rebecca Huerta DN ce=Rebecca Huerta,.=City er corpus cbrisr DN cn=Jeff Edmonds,o,—Engineering, ou=ciry secmta.y,email=rebeccab@ccexaa.com,c=us email=jeffreye@cctexas.com,-US Date.201 a.02,12 1t 4512-00'00Date:2018.02.07 14:01:21-06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-012 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 1/23/18 R H/M L Digitally signed b0 RH/ML DN:cn=RH/ML. =City Secretary..ou=City Secretary.. mail=moni,,el@cctexae.com.c=US Date:2018.02.08 13 4224-00'0' 2018.02.06 11:15:30-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Rebecca Reyes Rebecca Reyes Date:2018.01.2511:07:37-06'00' Reytec Construction Resources, Inc. Gregg . Re Digitally signed by Gregg T.Reyes (Seal Below) By: 99 Reyes Date:2018.01.2511:05:11-06'00' Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1901 Hollister St. Financial Officer Address Houston, Texas 77080 City State Zip 713/957-4003 Phone Fax GReyes@reytec.net EMail END OF SECTION Agreement 005223-6 Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012)—Project No. E12095 Rev06-22-2016 006113 PERFORMANCE BOND BOND NO. 106703803 Contractor as Principal Surety Travelers Casualty and Surety Name: ReMc Construction Resources,Inc. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 1901 Hollister St. 4650 Westway Park Blvd. Houston,TX 77080 Houston, TX 77041-2036 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston, TX 77041-2036 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Connecti cut Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): E12095 Staples Street—Kostorvz Road to Brawner 281-606-8417 Parkway(Bond 2012) Telephone(for notice of claim): 1-800-328-2189 Local Agent for Surety Name: Larry D. Snider Adams Insurance Service, Inc. Award Date of the Contract: January 23,2018 Address: 427 W. 20th St. , #500 Contract Price: $10,715,524.30 Houston, TX 77008 Bond Telephone: 713-869-8346 Email Address: lsnider@adamsins.com Date of Bond: January 30, 2018 The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award Date from the Texas Dept of Insurance by calling the of the Contract) following toll-free number.2-800-252-3439 Performance Bond 00 6113-1 E12095 Staples St—Kostoryz Rd to Brawner Pkwy(Bond 2012) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Princi al / Surety Signature: ✓ Signature: Name: Gregg T. Reyes Name: arr D. Snider Title: President Title: Attorney-in-Fact Email Address: greyes@reytec.net Email Address: Isnider@adamsins.com (Attach Power of Attorney and place surety seal below) i l- •- END OF SECTION Performance Bond 006113-2 E12095 Staples St—Kostoryz Rd to Brawner Pkwy(Bond 2012) 7-5-201.4 '� .r', .,..•fitrtarri � iia •/�,��^-...__.. ti*+, JJJarta.a.rn..• t WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ► POWER OF ATTORNEY TRAVELERs J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226123 Certificate No. 0 0 6 8 0 5 1 7 4 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc..is a corporation duly organized under the haws of the State of Wisconsin(herein collective]y called the"Companies")•and that the Companies do hereby make,constimw and appoint Norman E.Adams,John A.Prince,Michael Macomber,and Larry D. Snider of the City of Houston ,State of Texas their true and lawful Attorneys)-in-Fact. each in their separate capacity if more than one is named above,to sign,execute,Seal and acknowledge any and all bonds•recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceeding's allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 20tH day of May 2015 Farmington Casualty Company St,Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 0\. .....;G9 }`JF onx. if#�aiSEhl�lp'1 AtN State of Connecticut By: City of Hartford ss. Rolan L.Raney.Senior Vice President On this the 20th day of May 2016 before me personally appeared Robert L.Rancy,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Connnany.St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Cautalty and Surer) C't r.3p m? of America,and United States Fidelity and Guaranty Compan4.and that he.as such,being authorized so w do.executed the foregoing ins-trument for tf c purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof;I'hereunto set my hand and official\c;J. TAFj � My Commission expires the 30th day of June.2021. It AUIILIG * R7aric C.Tetrcault.Notary I'ublic C1 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 30th day of January 2018 0-/!!�� Kevin E.Hughes,Assistant Sec tary pA54q��} 'y`}lAC4 1�'�.�kS6 {IN341/ *,,}Y 40 17'Q'WC7A y nP , 19S SE+A�Lf)o SEAL•`i ;, COOL �y a TN+ �� �' yJVCA NGt CO aIS•AN�� �;fp•..�,..�j�D L�+ • '�►; � a ,� ���6• To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. 1-7 `J 14 ? WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS) IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Company of America , for information or to make a complaint at: Travelers Bond Attn: Claims 4650 Westway Park Blvd. Houston,TX 77041-2036 (800)536-2958 You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. 006116 PAYMENT BOND BOND NO. 106703803 Contractor as Principal Surety Travelers Casualty and Surety Name: Reytec Construction Resources,Inc. Name: Company of America Mailing address(principal place of business): Mailing address(principal place of business): 1901 Hollister St. 4650 Westway Park Blvd. Corpus Christi,TX 77080 Houston, TX 77041-2036 Physical address(principal place of business): Owner 4650 Westway Park Blvd. Name: City of Corpus Christi,Texas Houston, TX 77041-2036 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of:Connecti cut Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): E12095 Staples Street-Kostoryz Road to Brawner 281-606-8417 Parkway(Bond 2012) Telephone(for notice of claim): 1-800-328-2189 Local Agent for Surety Name: Larry D. Snider Award Date of the Contract: January 23,2018 Address: Adams Insurance Service, Inc. 427 W. 20th St. , #500 Contract Price: $10,715,524.30 Houston, TX 77008 Bond Telephone: 713-869-8346 Email Address: lsnider@adamsins.com Date of Bond: January 30, 2018 The address of the surety company to which any (Date of Bond cannot be earlier than Award Dote notice of claim should be sent may be obtained of Contract) from the Texas Dept of Insurance by calling the following toll-free number.1-80D 252-3439 Payment Bond Form 00 61 16-1 E12095 Staples St—Kostoryz Rd to Brawner Pkwy(Bond 2012) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as P�' l Surety Signature: Signature: Name: Gregg T. Reyes Name: arr D. Snider Title: President Title: Attorney-in-Fact Email Address: greyer@reytec.net Email Address: lsnider@adamsins.com (Attach Power of Attorney and dace surety seal below) .�r�f1y�11:17a�GTai'i;. END OF SECTION Payment Bond Form 006116-2 E12095 Staples St—Kostoryz Rd to Brawner Pkwy(Bond 2012) 7-8-2014 r , r. •r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Undenvriters,Inc, Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 2261 Certificate No.006805175 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Pau] Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies').and that the Companies do hereby make,constitute and appoint Nor-man E.Adams,John A. Prince, Michael Macomber,and Larry D. Snider of(lie City of Houston .State of Texas their true and lawful Attorneys)-in Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bunds.recognisances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seas to be hereto aff fixed,this 0th day of May 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company D** RP`� State:.of Connecticut 8y: t�_�� City of Hartford ss. Robert L.Raney.Senior Vice President On this the 20th day of May 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company.st.-Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Sure,y Company of Anneric:a,and United States Fidelity and Guaranty Company.and that he.its such,being authorized so io do,executed the foregoing instrument°cr the purpoAci ti erein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof.t herewo!" set my band and official seal. My Commission expires the 30th day of June,2021. 7tr Af18L1t i Maric C.Tetreault.\,tan Pohlic 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 30th day of January-,2018 Kevin E.Hughes,Assistant Sec Lary GI.SU�t� Jr f16E 6 4 *r.�Mf4 a2 1H3yq J"'IV 41vp �L57gn.Y �• OS f�S1 � *r%!. J/„o0.V0•p�)�N Wf(� RNT�.'�y.� qT �j � j`p O In �• Po y t 9 8 2 ; 9n 1951 �i S B A L on o elIAR7FO0M n \ wr+Y f 4 a� t>38Fi anwcc fs.►p+l �p•M..:„�+ ��t �a•� � 1�t1TAttt� To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www.travelersbond.com.Please refer to the Attomey-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. 4 '`✓Vis i�. cn WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS . IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers_Casualty and Surety Company of America , for information or to make a complaint at: Travelers Bond Attn: Claims 4650 Westway Park Blvd. Houston,TX 77041-2036 (800)536-2958 You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. RESOURRE01 JWILLIAMS ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/01/2018 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 have ADDITIONAL INSURED provisions or 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 Janet L Williams NAME: Adams Insurance Service,Inc. PHONE FAX 427 W.20th St.,Suite 500 (A/C,No,Ext):(713)869-8346 (A/C,No):(713)869-9144 Houston,TX 77008 a DDRIESS: jWilliams@adamsins.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Allied World Assurance Co. Inc. 19489 INSURED INSURER B:Allied World Specialty Insurance Company 16624 Reytec Construction Resources Inc. INSURER C:North River Insurance Company 21105 1901 Hollister Street INSURER D:Texas Mutual Insurance Company 22945 Houston,TX 77080-6803 INSURERE:AIG Specialty Insurance Company 26883 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER YYY POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YMWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 0310-3794 10/16/2017 10/16/2018 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ X Maximum MED EXP(Any oneperson) $ 5,000 X Agg of$10,000,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY LX PES 1:1LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X 6000-0297 10/16/2017 10/16/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIREDX NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ X MCS-90 C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE X X 5821092036 10/16/2017 10/16/2018 AGGREGATE $ 5,0003000 DED X RETENTION$ 0 $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER 0001295501 10/16/2017 10/16/2018 1,000,000 ANY PROPRIETOR/EXCLUDED? R/EXECUTIVE N/A X E.L.EACH ACCIDENT $ OF EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Contractor's =PO13292377 10/16/2017 10/16/2018 Each Loss 1,000,000 E Pollution Liability 292377 10/16/2017 10/16/2018 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) SEE ADDITIONAL REMARKS SCHEDULE ATTACHED PROJECT:#E12095 STAPLES ST KOSTORYZ TO BRAWNER(BOND 2012) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CORPUS CHRISTI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DEPT OF ENGINEERING SERVICES ATTN:CONTRACT ADMINISTRATOR P O BOX 9277 AUTHORIZED REPRESENTATIVE CORPUS CHRISTI,TX 78469-9277 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RESOURRE01 JWILLIAMS LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED dams Insurance Service, Inc. Re 1lec Construction Resources Inc. 1901 Hollister Street POLICY NUMBER Houston,TX 77080-6803 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance DESCRIPTION OF OPERATIONS CONTINUED THE GENERAL LIABILITY&AUTOMOBILE LIABILITY POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT&THE GENERAL LIABILITY,AUTOMOBILE LIABILITY&WORKERS COMPENSATION POLICIES INCLUDE A BLANKET WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS&WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED&THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS AS PER THE ATTACHED. THE AUTOMOBILE POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1) BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE.2) CA0444-BLANKET WAIVER OF SUBROGATION AS REQUIRED BY WRITTEN CONTRACT. 3) CA0001600/CA0002100-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. THE GENERAL LIABILITY POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1)GL0006800-NOTICE OF CANCELLATION-30 DAY BLANKET AS REQUIRED BY WRITTEN CONTRACT.2) CG2404-BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT. 3) CG2010, CG2037, &CG2028-WHO IS AN INSURED IS AMENDED TO INCLUDE AS ADDITIONAL INSURED ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. 4) GL0002100 PRIMARY& NON-CONTRIBUTORY BASIS IF THE ADDITIONAL INSURED SPECIFICALLY AGREED IN A WRITTEN CONTRACT THAT THE INSURANCE BE PRIMARY&WHEN COVERAGE IS PROVIDED ON A PRIMARY BASIS WE WILL NOT SEEK CONTRIBUTION FROM ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED IF A WRITTEN CONTRACT REQUIRES THAT THIS INSURANCE BE NON-CONTRIBUTORY. 5) CG2503-DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT- SUBJECT TO A MAXIMUM POLICY AGGREGATE OF$10,000,000 THE WORKERS COMPENSATION POLICY INCLUDES THE FOLLOWING ENDORSEMENTS: 1)WC420304B-WAIVER OF SUBROGATION-BLANKET WAIVER FOR ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.2)WC420601-NOTICE OF CANCELLATION-30 DAYS BLANKET AS REQUIRED BY WRITTEN CONTRACT. 3) TM LHW 2001-LONGSHORE AND HARBOR WORKERS,COMPENSATION ACT COVERAGE THE UMBRELLA/EXCESS LIABILITY POLICY APPLIES IN EXCESS OF THE UNDERLYING GENERAL LIABILITY,AUTOMOBILE LIABILITY AND EMPLOYERS LIABILITY POLICIES ABOVE INCLUDING FOLLOWING THE TERMS OF ANY ADDITIONAL INSURED ENDORSEMENTS. THE POLICY FOLLOWS THE TERMS AND CONDITIONS OF SUCH UNDERLYING POLICIES UNLESS THEY ARE INCONSISTENT WITH THE TERMS OF THE POLICY. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY OWNER, LESSEE, OR CONTRACTOR WHOM YOU ALL LOCATIONS OR JOBSITES OF THE NAMED INSURED HAVE AGREED TO INCLUDE AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT OR AGREEMENT PROVIDED THAT SUCH WAS EXECUTED PRIOR TO AN OCCURRENCE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does nota I to "bodilyinjury" or damage" or "personal and advertising injury" property damage" occurring after: apply caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 POLICY DATES: 10/16/2017 TO 10/16/2018 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY OWNER, LESSEE,OR CONTRACTOR WHOM YOU HAVE ALL LOCATIONS OR JOBSITES OF THE NAMED INSURED AGREED TO INCLUDE AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT OR AGREEMENT PROVIDED THAT SUCH WAS EXECUTED PRIOR TO AN OCCURRENCE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL GENERAL LIABILITY CG 20 28 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): BLANKET BASIS -WHERE REQUIRED BY WRITTEN CONTRACT THAT IS EXECUTED PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, this insurance does not apply organization(s) shown in the Schedule, but only to any 'occurrence" which takes place after the with respect to liability for "bodily injury", "property equipment lease expires. damage" or "personal and advertising injury" C. With respect to the insurance afforded to these caused, in whole or in part, by your maintenance, additional insureds, the following is added to operation or use of equipment leased to you by Section III—Limits Of Insurance: such person(s) or organization(s). If coverage provided to the additional insured is However: required by a contract or agreement, the most we 1. The insurance afforded to such additional will pay on behalf of the additional insured is the insured only applies to the extent permitted by amount of insurance: law; and 1. Required by the contract or agreement; or 2. If coverage provided to the additional insured is 2. Available under the applicable Limits of required by a contract or agreement, the Insurance shown in the Declarations; insurance afforded to such additional insured will not be broader than that which you are whichever is less. required by the contract or agreement to This endorsement shall not increase the provide for such additional insured. applicable Limits of Insurance shown in the Declarations. CG 20 28 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER:0310-3794 COMMERCIAL GENERAL LIABILITY POLICY DATES: 10/16/2017 TO 10/16/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a contract or agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. GL 00021 00 (07/09) REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 COMMERCIAL GENERAL LIABILITY POLICY DATES: 10/16/2017 TO 10/16/2018 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED CONTRACT WAS EXECUTED PRIOR TO THE LOSS DATE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 COMMERCIAL GENERAL LIABILITY POLICY DATES: 10/16/2017 TO 10/16/2018 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL PROJECTS -SUBJECT TO A MAXIMUM POLICY AGGREGATE OF$10,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 POLICY DATES: 10/16/2017 TO 10/16/2018 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 0310-3794 COMMERCIAL GENERAL LIABILITY POLICY DATES: 10/16/2017 TO 10/16/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV — Commercial General Liability Conditions is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment Entity or Individual Address of Premium) LIST MAINTAINED BY THE RETAIL AGENT LIST MAINTAINED BY THE RETAIL AGENT 30 DAYS GL 00068 00 (03/11) REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER:6000-0297 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT - BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1.Who Is An Insured is amended to include the following additional provision: The person(s) or organization(s) shown in the Schedule below is an additional "insured", but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional "insured" under this policy as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy; or b. The coverage and/or limits required by said written contract or written agreement. Schedule: Person(s) or Organization(s): BLANKET BASIS - WHERE REQUIRED BY WRITTEN CONTRACT THAT IS EXECUTED PRIOR TO LOSS. Page 1 of 1 POLICY NUMBER: 6000-0297 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: REYTEC CONSTRUCTION RESOURCES, INC. Endorsement Effective Date: 10/16/2017 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS DATE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 6000-0297 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV— Business Auto Conditions is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies) or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Number of Days Advance Written Notice of Cancellation (Other Than Nonpayment Entity or Individual Address of Premium) ON FILE WITH COMPANY ON FILE WITH COMPANY 30 DAYS CA 00016 00 (09/12) Page 1 of 1 REYTEC CONSTRUCTION RESOURCES, INC. POLICY NUMBER: 6000-0297 POLICY DATES: 10/16/2017 TO 10/16/2018 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVICE OF CANCELLATION TO OTHERS (E-MAIL) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions is amended to include the following additional condition: Advice Of Cancellation To Others In the event that we cancel this policy for any reason, other than nonpayment of premium, and the effective date of cancellation is prior to the expiration date, we will endeavor to provide advice of such cancellation to a certificate holder, provided that all of the following are met: a. The first Named Insured is under an existing contractual obligation to notify such certificate holder when this policy is canceled; b. The effective date of cancellation is prior to the expiration date; and C. The first Named Insured notifies us, after receiving written notice of cancellation but prior to the effective date of cancellation, requesting that we provide advice of cancellation to such certificate holder. The request must include the name and e-mail address of such certificate holder. We will send the advice of cancellation through e-mail to the certificate holder within thirty (30) days after the receipt of the request from the first Named Insured. We will send an e-mail only when a valid e-mail address is provided. The e-mail we send is intended as a courtesy. Our failure to provide such e-mail will not extend the policy cancellation date nor negate the cancellation of the policy. CA 00021 00 (12/13) Page 1 of 1 L`•_iJ Tex�] utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( } Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3, Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/16/17 at 12:01 a.m.standard time,forms a part of: Policy no. 4061295501 of Texas Mutual Insurance Company effective on 10116/17 Issued to: REYTEC CONSTRUCTION RESOURCES INC /UJ-1 Authorized representative NCCI Carrier Code: 29939 117/12/17 PO Box 12058.Austin, TX 78711-2058 1 of 1 texasmutual.com {800}859-5995 [ Fax(800)359-4654 WC 42 03 04 B TeXP.SMutuat WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 10/16/17 at 12:01 a.m.standard time,forms a part of: Policy no. 0001295501 of Texas Mutual Insurance Company effective on 10116/17 Issued to: REYTEC CONSTRUCTION RESOURCES INC /UJ-1 Authorized representative NCCI Carrier Code: 29939 117/12/17 PO Box 12058.Austin, TX 78711-2058 1 of 1 texasmutual.com (800)859-5995 [ Fax(800)359-0650 WC 42 06 01 ENDORSEMENT NO. 1 This endorsement. effective 12:01 AM, October 16, 2017 Forms a part of Policy No: CPO13292377 Issued to: REYTEC CONSTRUCTION RESOURCES, INC. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED(S) ENDORSEMENT It is hereby agreed that Section VI. DEFINITIONS, Paragraph K . Insured is amended by adding the following scheduled entity(s) as additional Insured(s) but solely as respects liability arising out of the Covered Operations performed by or on behalf of the Named Insured. Additional Insured(s) Where and to the extent required by written contract and provided the contract was executed prior to a Loss or Claim. All other terms, conditions, and exclusions shall remain the same. C G__7 -7 0'ALftA&1IkE17REPRESENTATIVE or countersignature (in states where applicable) 96659 (11/07) PAGE 1 OF 1 CI3290 ENDORSEMENT NO. 3 This endorsement, effective 12:01 AM, October 16, 2017 Forms apart of Policy No: CP013292377 Issued to: REYTEC CONSTRUCTION RESOURCES, INC. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS SCHEDULED PERSON OR ORGANIZATION ENDORSEMENT It is hereby agreed that solely with respect to the person or organization scheduled below, Section V. CONDITIONS, Paragraph K. SUBROGATION is deleted and replaced with the following: K . SUBROGATION If there is a payment made by the Company under this Policy, the Company shall be subrogated to all the Insured's rights of recovery against any person or organization. The Insured shall cooperate with the Company and do whatever is necessary to secure these rights. The Insured shall do nothing after a Loss to waive or prejudice such rights. Any recovery as a result of subrogation proceedings arising out of payment of Loss under this Policy (net of expenses incurred in making such recovery) shall accrue first to the Insured to the extent of any payment in excess of the limit of coverage of the Policy, then pro-rata to the Insured and the Company in proportion to the amount each actually paid as a result of judgment, settlement or defense of a Claim or Emergency Response Costs. The Company agrees to waive this right of subrogation against a client of the Insured to the extent that the Insured had, prior to a Claim or Emergency Response Costs, a written agreement to waive such rights. The Company waives any right of recovery against the person or organization shown in the Schedule below because of payments made for injury or damage arising out of Covered Operations performed on behalf of that person or organization. This waiver applies only to the person or organization shown in the Schedule. SCHEDULE Name of Person or Organization: Where and to the extent required by written contract and provided the contract was executed prior to a Loss or Claim. All other terms, conditions, and exclusions shall remain the same. ��1� REPRESEf�lTATI1/E or countersignature (in states where applicable) 97488(2/08) PAGE 1 OF 1 C13496