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C2018-320 - 8/22/2018 - NA
C2018-320 8/22/18 Grace Paving and Construction 00 52 23 AGREEMENT This Agreement, approved on August 22,2018, is the Second Renewal of the IDIQ Minor Street Improvements Project(Part 2)—Project Nos. E16250&E16251 originally awarded on May 24, 2016 by the City Council of the City of Corpus Christi,Texas("Owner")to Grace Paving and Construction, 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: IDIQ MINOR STREET IMPROVEMENTS PROJECT(PART 2)Contract Renewal#2(Ref E17042; E16250&E16251) PROJECT NO. 18124A ♦a ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: • ECMS, LLC Felix H.Ocanas,Jr.,P.E. 5001 Oakmont Drive Corpus Christi TX 78413 2.02 The Owner's Authorized Representative for this Project is: Joshua Seneca!,P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. (NOT USED) 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 Agreement 00 52 23-1 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev01-13-2016 SCANNED PROJECT NO. 18124A RENEWAL CONTRACT #2 FOR IDIQ MINOR STREET IMPROVEMENTS PROJECT PART 2 INITIAL PROJ. NO. E16250 / E16251 RENEWAL #1 PROJ. NO. E17042 CONTRACT DOCUMENTS FOR CONSTRUCTION OF IDIQ MINOR STREET IMPROVEMENTS PROJECT NUMBERS E16250, E16251, E 16252 & E 16253 Lid hh— tel' Of Corpus iii �s �• FEI.1X I�•oO ��Y� �.JR. i 33006Christ •'�v ELMS, LLC = 5001 OAKMONT DRIVE, CORPUS CHRISTI, TX 78413 361-549-4576 Record Drawing Number: STR 922 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 10-06-2015) 00 52 23 Agreement (Revo1-13-2016) 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 (Revo1-13-2016) 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) 013302 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 35 00 Special Procedures 01 40 00 Quality Management Table of Contents 000100- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 Division/ Title Section 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications SECTION SECTION TITLE 022 EARTHWORK 022020 Excavation & Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022060 Channel Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 0252 ROADWAY 0252... SUBGRADES AND BASES 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 025208 Soil-Cement Base (5-17) 025210 Lime Stabilization 025223 Crushed Limestone Flexible Base 0254 ASPHALTS AND SURFACES 025402 Planning Asphalt Surfaces 025404 Asphalts Oils & Emulsions 025410 Asphalt Crack Sealing 025412 Prime Coat 025414 Aggregate For Surface Treatment 025416 Seal Coat 025418 Surface Treatment 025419 Slurry Seal Table of Contents 000100-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 Division/ Title Section 025424 Hot Mix Asphalt Concrete Pavement 0256 CONCRETE WORK 025608 Inlets 025610 Concrete Curb& Gutter 025612 Concrete Sidewalks & Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 0258 TRAFFIC CONTROLS&DEVICES 025802 Temporary Traffic Controls During Construction 025803 Traffic Signal Adjustments 025805 Work Zone Pavement Markings 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words & Emblems 025816 Raised Pavement Markers 025818 Reference Specification-TxDOT DMS-4200 Pavement Markers (Reflectorized) 025828 Reference Specification-TxDOT DMS-6130 Bituminous Adhesive For Pavement Marker END OF SECTION Table of Contents 000100-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 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: IDIQ MINOR STREET IMPROVEMENTS PROJECT PROJECT NO. E16250, E16251, E16252, E16253 A. This project is an Indefinite Delivery Indefinite Quantity(IDIQ) construction contract to perform minor street pavement repairs throughout the City, including minor street pavement rehabilitation/replacement, base repairs with limestone, and sub-grade stabilization. Work may include saw cutting, crack sealing, seal coating, milling, curb & gutter, driveway replacement, curb ramps, and minor utility manhole ring&cover and valve adjustments. The Work will be issued in individual work orders called "Delivery Orders"that provide specific scope and requirements. The City intends to award this contract for an initial one-year/12-month period, with the option to administratively renew for two (2) additional one-year/12-month periods. The City's Department of Engineering Services will determine whether to exercise an option to renew based on the Contractor's successful performance of the work and all Delivery Orders, the recommendation of the City's Design Engineer, Construction Management & Inspection Team, approval by the City's Director of Engineering Services, and the concurrence of the Contractor. The contract allows for a City-approved economic adjustment to apply to a renewal period if based upon published cost-of-construction indices acceptable to the City. B. The two bid schedules under this single bid invitation includes a "Part 1" and a "Part 2." Part 1 will be dedicated specifically to that part of the City to the West of Ayers Street and Part 2 will be dedicated to that part of the City EastofAyers Street.The City intends to award Part 1 to the lowest responsible bidder for Part 1, and to award Part 2 to the lowest responsible bidder for Part 2. If the same bidder submits the lowest bid for both Part 1 and Part 2, then both Part 1 and Part 2 may only be awarded to that one lowest bidder if the bidder can demonstrate the capability and resources to complete the work of both Parts 1 and 2 concurrently and continuously, within the 365 days, and in accordance with the Contract Documents, and to be able to show, to the City's satisfaction,the ability to employ two full crews working concurrently and continuously, one full crew for Part 1 and one full crew for Part 2. Otherwise, should such bidder who has submitted the lowest bids for both Part 1 and Part 2, not qualify to perform both Parts 1 and Part 2 as described above, then such bidder will be awarded the contract with the highest of his two bids. Invitation to Bid and Instructions to Bidders 002113- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $4,000,000 total for Parts 1 and 2, $2,000,000 for Part 1 and $2,000,000 for Part 2. The Project is to be finally completed and ready for operation within 365 days. 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 April 6,2:00 PM 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. 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 to: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - IDIQ MINOR STREET IMPROVEMENTS, PN E16250, E16251, E16252, E16253 Corpus Christi, Texas 78401 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 PM,April 6,2016 at the following location: City Hall Building— City of Corpus Christi First Floor City Council Staff Room or Council Chambers 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. Invitation to Bid and Instructions to Bidders 002113-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on March 22,2016, 10:30 AM at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3rd floor, Engineering Services 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. 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 6, 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 Invitation to Bid and Instructions to Bidders 002113-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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. 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 8.03 below. 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. Invitation to Bid and Instructions to Bidders 002113-4 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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 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 Invitation to Bid and Instructions to Bidders 002113-5 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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 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 within the contract period 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. Invitation to Bid and Instructions to Bidders 002113-6 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidders selected for award of the Contract will be the lowest responsible Bidders 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%. 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 Invitation to Bid and Instructions to Bidders 002113-7 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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. 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 7. 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. Invitation to Bid and Instructions to Bidders 002113-8 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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. 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 costs are significantly higher/lower than the costs 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 Invitation to Bid and Instructions to Bidders 002113-9 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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- 10 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 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 (type or print name of company) on: [TBD]for IDIQ MINOR STREET IMPROVEMENTS PROJECT, PROJECT NO. E16250, E16251, E16252, E16253. 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—IDIQ Minor Street Improvements Project, Project No. E16250, E16251, E16252, E16253 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: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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. 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 Bid Acknowledgement Form 003000-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 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 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. Bid Acknowledgement Form 003000-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be finally completed within 365 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. 6.02 Bidder agrees that the Work 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. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Acknowledgement Form 003000-4 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address for giving notices: Phone: Email: (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 003000-5 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 00 30 01 BID FORM EXHIBIT A Project IDIQ Minor Street Improvements Project Name: Project E16253 East 1A& E16252 East 113 Number: Owner: City of Corpus Christi Bidder: OAR: Designer: ECMS,LLC Felix H.Ocanas,Jr., P.E. Basis of Bid for Part 1A & 1B - East of Ayers Street Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid E16253 East 1A Part 1A-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-A1 Mobilization/Bonds/Ins/(not to exceed 5%-total bid) LS 1 1A-A2 Traffic Control, Residential Streets Day 280 1A-A3 Traffic Control,Arterial Streets Day 93 1A-A4 Ozone Days EA 5 SUBTOTAL PART 1A-A-GENERAL(Items 1A-Al thru 1A-A4) Part IA-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-B1 Seal Coat, per single course SY 1,600 1A-B2 Crack Seal, 0-1" wide LF 1,000 Planing (Milling), 2" 1A-133 SY 1,600 1,000 to 2,000 SY minimum per Delivery Order Planing (Milling),Additional 1" 1A-134 SY 1,600 1000 to 2,000 SY minimum per Delivery Order 1A-B5 Cement Stabilized Base with 4%Cement, existing limestone SY 700 base, 3-6", complete in place per SY 1A-B6 Pot Hole Crew: Provide a 3-man pot hole repair crew to 8-Hr. 80 include labor, materials, equipment&incidentals Day HMAC,Type "D" material for pot hole repair,TxDOT 1A-B7 Standard Specification for Construction Item 340, including Ton 760 SS 1 emulsion for tack coat All-Season Pre-Coated Patching mixture (ASPPM),TxDOT 1A-138 Ton 760 DMS 9202.5, including SS1 emulsion for tack coat 1A-B9 lAllowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 1A-810 to 1A-814 1A-B10 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 1A-1311 Base Repair, Upper 2" Depth (Limestone) SY 3,000 1A-1312 Base Repair,Additional 1" Depth (Limestone) SY 6,000 1A-1313 Surface Treatment Repair Upper 2" HMAC SY 3,000 1A-1314 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 3,000 00 30 01 Bid Form Exhibit A Page 1 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED AMOUNT QUANTITY Range 100 to 250 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 1A-815 to 1A-819 1A-B15 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 1A-B16 Base Repair, Upper 2" Depth (Limestone) SY 2,400 1A-B17 Base Repair,Additional 1" Depth (Limestone) SY 7,000 1A-1318 Surface Treatment Repair Upper 2" HMAC SY 6,000 1A-B19 Surface Treatment Repair Additional 1" Depth HMAC SY 6,000 Range 250 to 1000 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 1A-820 to 1A-824 1A-B20 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 112 1A-B21 Base Repair, Upper 2" Depth (Limestone) SY 6,000 1A-B22 Base Repair,Additional 1" Depth (Limestone) SY 6,000 1A-B23 Surface Treatment Repair Upper 2" HMAC SY 6,000 1A-B24 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 6,000 SUBTOTAL PART 1A-B-STREET IMPROVEMENTS(Items 1A-B1 thru 1A-B24) Part 1A-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-C1 New ADA Curb Ramp: Concrete Curb Ramps, meeting TDLR SF 300 requirements, complete in place 1A-C2 Remove& Replace ADA curb ramp: Removal & Replacement SF 300 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 1A-C-ADA IMPROVEMENTS(1A-C1 THRU 1A-C2) Part 1A-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-D1 Removal & Replacement of Curb&Gutter, complete in place LF 1,000 Removal & Replacement of driveway approaches, complete 1A-D2 SF 1,000 and in place 1A-D3 Removal & Replacement of Sidewalks SF 500 Storm Water Manhole Ring&Cover Adjustment,w/new 1A-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 5 Adjustment Rings&w/Concrete Collar, complete in place SUBTOTAL PART 1A-D-DRAINAGE IMPROVEMENTS(1A-D1 THRU 1A-D4) Part 1A-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-E1 Fplace r Valve Box Adjustment w/Concrete Collar, complete in Each 5 SUBTOTAL PART 1A-E-WATER IMPROVEMENTS(1A-E1) Part 1A-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, including 1A-F1 New Manhole Ring&Cover Assembly w/new HDPE Height Each 5 Adjustment Rings, Stainless Steel Inflow Inhibitor and w/ Concrete Collar, complete in place SUBTOTAL PART 1A-F-WASTEWATER IMPROVEMENTS(1A-F1) 00 30 01 Bid Form Exhibit A Page 2 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid E16252 East 1B Part IB-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 113-A1 Mobilization/Bonds/Ins/(not to exceed 5%-total bid) LS 1 1B-A2 Traffic Control, Residential Streets Day 130 1B-A3 Traffic Control,Arterial Streets Day 130 1B-A4 Ozone Days EA 2 SUBTOTAL PART 113-A-GENERAL(Items 113-A1 thru 1B-A4) Part 113-13-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Planing (Milling), 2" 113-131 SY 1,000 1,000 to 2,000 SY minimum per Delivery Order Planing (Milling),Additional 1" 113-132 SY 1,000 1000 to 2,000 SY minimum per Delivery Order 113-133 Cement Stabilized Base with 4%Cement, existing limestone SY 300 base, 3-6", complete in place per SY 113-134 Allowance for Unanticipated Street Improvements j LS j 1 j $ 20,000.00 j $ 20,000.00 Range 1 to 100 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 113-135 to 113-139 113-135 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 113-136 Base Repair, Upper 2" Depth (Limestone) SY 1,500 113-137 Base Repair,Additional 1" Depth (Limestone) SY 1,500 113-138 Surface Treatment Repair Upper 2" HMAC SY 1,500 113-139 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,500 Range 100 to 250 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 113-1310 to 113-1314 113-1310 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 113-1311 Base Repair, Upper 2" Depth (Limestone) SY 1,000 113-1312 Base Repair,Additional 1" Depth (Limestone) SY 1,000 113-1313 Surface Treatment Repair Upper 2" HMAC SY 1,000 113-1314 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,000 Range 250 to 1000 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 113-1315 to 113-1319 113-1315 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 113-1316 Base Repair, Upper 2" Depth (Limestone) SY 1,700 113-1317 Base Repair,Additional 1" Depth (Limestone) SY 1,700 113-1318 Surface Treatment Repair Upper 2" HMAC SY 1,700 113-1319 Surface Treatment Repair Additional 1" Depth HMAC SY 1,700 SUBTOTAL PART 1B-B-STREET IMPROVEMENTS(Items 113-131 thru 113-1319) 00 30 01 Bid Form Exhibit A Page 3 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATEDQUANTITY UNIT PRICE EXTENDED AMOUNT Part 113-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B-C1 New ADA Curb Ramp: Concrete Curb Ramps, meeting TDLR SF 400 requirements, complete in place 1B C2 Remove & Replace ADA curb ramp: Removal & Replacement SF 300 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 113-C-ADA IMPROVEMENTS(113-C1 THRU 1B-C2) Part 113-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B-D1 Removal & Replacement of Curb &Gutter, complete in place LF 1,000 Removal & Replacement of driveway approaches, complete 1B-D2 SF 1,000 and in place 1B-D3 Removal & Replacement of Sidewalks SF 500 Storm Water Manhole Ring& Cover Adjustment, w/new 1B-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 2 Adjustment Rings &w/Concrete Collar, complete in place SUBTOTAL PART 113-13-DRAINAGE IMPROVEMENTS(1B-D1 THRU 113-134) Part 113-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 113-E1 Water Valve Box Adjustment w/Concrete Collar, complete in Each 2 place SUBTOTAL PART 113-E-WATER IMPROVEMENTS(113-E1) Part 1B-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring& Cover Adjustment, including 1B-F1 New Manhole Ring &Cover Assembly w/new HDPE Height Each 2 Adjustment Rings, Stainless Steel Inflow Inhibitor and w/ Concrete Collar, complete in place SUBTOTAL PART 1B-F-WASTEWATER IMPROVEMENTS(113-1`1) 00 30 01 Bid Form Exhibit A Page 4 of 5 1DIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATEDQUANTITY UNIT PRICE EXTENDED AMOUNT PROJECT E16253 EAST 1A - BID SUMMARY - PART 1A SUBTOTAL PART IA-A- GENERAL(Items 1A-A1 thru 1A-A4) SUBTOTAL PART 1A-B -STREET IMPROVEMENTS (Items 1A-B1 thru 1A-B24) SUBTOTAL PART 1A-C-ADA IMPROVEMENTS (Items 1A-C1 thru 1A-C2) SUBTOTAL PART IA-D - DRAINAGE IMPROVEMENTS (Items 1A-D1 thru 1A-D4) SUBTOTAL PART 1A-E - WATER IMPROVEMENTS (Item 1A-E1) SUBTOTAL PART IA-F- WASTEWATER IMPROVEMENTS (Item 1A-F1) TOTAL PROJECT BASE BID (PARTS 1A-A THRU 1A-F) PROJECT E16252 EAST 1B - BID SUMMARY - PART 1B SUBTOTAL PART 113-A-GENERAL (Items 113-A1 thru 1B-A4) SUBTOTAL PART 113-13- STREET IMPROVEMENTS (Items 113-131 thru 113-1319) SUBTOTAL PART 113-C-ADA IMPROVEMENTS (Items 113-C1 thru 1B-C2) SUBTOTAL PART 113-D - DRAINAGE IMPROVEMENTS (Items 1B-D1 thru 1B-D4) SUBTOTAL PART 113-E -WATER IMPROVEMENTS (Item 113-E1) SUBTOTAL PART 113-F-WASTEWATER IMPROVEMENTS (Item 113-F1) TOTAL PROJECT BASE BID (PARTS 16-A THRU 1B-F) TOTAL PROJECT BASE BID (PARTS East 1A& East 1B) Contract Times Bidder agrees to reach Final Completion in 365 Days 00 30 01 Bid Form Exhibit A Page 5 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Project IDIQ Minor Street Improvements Project Name: Project E16251 West 2A& E16250 West 2B Number: Owner: City of Corpus Christi Bidder: OAR: Designer: ECMS,LLC Felix H.Ocanas,Jr., P.E. Basis of Bid for Part 2A & 2B - West of Ayers Street Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base Bid E16251 West 2A Part 2A-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-A1 Mobilization/Bonds/Ins/(not to exceed 5%-total bid) LS 1 2A-A2 Traffic Control, Residential Streets Day 280 2A-A3 Traffic Control,Arterial Streets Day 93 2A-A4 Ozone Days EA 5 SUBTOTAL PART 2A-A-GENERAL(Items 2A-A1 thru 2A-A4) Part 2A-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-B1 Seal Coat, per single course SY 1,600 2A-B2 Crack Seal, 0-1" wide LF 1,000 Planing (Milling), 2" 2A-133 SY 1,600 1,000 to 2,000 SY minimum per Delivery Order Planing (Milling),Additional 1" 2A-134 SY 1,600 1000 to 2,000 SY minimum per Delivery Order 2A-B5 Cement Stabilized Base with 4%Cement, existing limestone SY 700 base, 3-6", complete in place per SY 2A-B6 Pot Hole Crew: Provide a 3-man pot hole repair crew to 8-Hr. 70 include labor, materials, equipment&incidentals Day HMAC,Type "D" material for pot hole repair,TxDOT 2A-B7 Standard Specification for Construction Item 340, including Ton 660 SS 1 emulsion for tack coat All-Season Pre-Coated Patching mixture (ASPPM),TxDOT 2A-138 Ton 660 DMS 9202.5, including SS1 emulsion for tack coat 2A-B9 lAllowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 2A-1310 to 2A-B14 2A-B10 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 2A-B11 Base Repair, Upper 2" Depth (Limestone) SY 2,200 2A-B12 Base Repair,Additional 1" Depth (Limestone) SY 4,400 2A-B13 Surface Treatment Repair Upper 2" HMAC SY 2,200 2A-1314 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 2,200 00 30 01 Bid Form Exhibit A Page 1 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item FCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Range 100 to 250 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 2A-B15 to 2A-B19 2A-B15 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 2A-1316 Base Repair, Upper 2" Depth (Limestone) SY 2,400 2A-B17 Base Repair,Additional 1" Depth (Limestone) SY 7,000 2A-B18 Surface Treatment Repair Upper 2" HMAC SY 6,000 2A-B19 ISurface Treatment Repair Additional 1" Depth HMAC I SY 6,000 Range 250 to 1000 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 2A-B20 to 2A-B24 2A-1320 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 112 2A-1321 Base Repair, Upper 2" Depth (Limestone) SY 6,000 2A-1322 Base Repair,Additional 1" Depth (Limestone) SY 6,000 2A-B23 Surface Treatment Repair Upper 2" HMAC SY 6,000 2A-B24 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 6,000 SUBTOTAL PART 2A-B-STREET IMPROVEMENTS(Items 2A-B1 thru 2A-B24) Part 2A-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-C1 New ADA Curb Ramp: Concrete Curb Ramps, meeting TDLR SF 300 requirements, complete in place 2A-C2 Remove& Replace ADA curb ramp: Removal & Replacement SF 300 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 2A-C-ADA IMPROVEMENTS(2A-Cl THRU 2A-C2) Part 2A-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-D1 Removal & Replacement of Curb&Gutter, complete in place LF 3,000 Removal & Replacement of driveway approaches, complete 2A-D2 SF 2,000 and in place 2A-D3 Removal & Replacement of Sidewalks SF 1,000 Storm Water Manhole Ring&Cover Adjustment,w/new 2A-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 10 Adjustment Rings&w/Concrete Collar, complete in place SUBTOTAL PART 2A-D-DRAINAGE IMPROVEMENTS(2A-D1 THRU 2A-D4) Part 2A-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Water Valve Box Adjustment w/Concrete Collar, complete in 2A-E1 Each 10 place SUBTOTAL PART 2A-E-WATER IMPROVEMENTS(2A-E1) 00 30 01 Bid Form Exhibit A Page 2 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED AMOUNT QUANTITY Part 2A-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, including New Manhole Ring&Cover Assembly w/new HDPE Height 2A-F1 Each 10 Adjustment Rings, Stainless Steel Inflow Inhibitor and w/ Concrete Collar, complete in place SUBTOTAL PART 2A-F-WASTEWATER IMPROVEMENTS(2A-Fl) Base Bid E16250 West 2B Part 2B-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 213-A1 Mobilization/Bonds/Ins/(not to exceed 5%-total bid) LS 1 2B-A2 Traffic Control, Residential Streets Day 130 2B-A3 Traffic Control,Arterial Streets Day 130 2B-A4 Ozone Days EA 2 SUBTOTAL PART 2B-A-GENERAL(Items 213-A1 thru 2B-A4) Part 213-13-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Planing (Milling), 2" 213-131 SY 1,000 1,000 to 2,000 SY minimum per Delivery Order Planing (Milling),Additional 1" 213-132 SY 1,000 1000 to 2,000 SY minimum per Delivery Order 213-133 Cement Stabilized Base with 4%Cement, existing limestone SY 300 base, 3-6", complete in place per SY 213-134 Allowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 213-135 to 213-139 213-135 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 213-136 Base Repair, Upper 2" Depth (Limestone) SY 1,000 213-137 Base Repair,Additional 1" Depth (Limestone) SY 1,000 213-138 Surface Treatment Repair Upper 2" HMAC SY 1,000 213-139 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,000 Range 100 to 250 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 213-1310 to 213-1314 213-1310 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 213-1311 Base Repair, Upper 2" Depth (Limestone) SY 1,500 213-1312 Base Repair,Additional 1" Depth (Limestone) SY 1,500 213-1313 Surface Treatment Repair Upper 2" HMAC SY 1,500 213-1314 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,500 Range 250 to 1000 SY- Localized Flexible Pavement Structure Repairs with saw cutting existing roadway; subgrade, base and surface treatment/repair using asphalt concrete (HMAC). Items 213-1315 to 213-1319 213-1315 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 213-1316 Base Repair, Upper 2" Depth (Limestone) SY 1,500 213-1317 Base Repair,Additional 1" Depth (Limestone) SY 1,500 213-1318 Surface Treatment Repair Upper 2" HMAC SY 1,500 213-1319 Surface Treatment Repair Additional 1" Depth HMAC SY 1,500 SUBTOTAL PART 2B-B-STREET IMPROVEMENTS(Items 213-131 thru 213-1319) 00 30 01 Bid Form Exhibit A Page 3 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED AMOUNT QUANTITY Part 213-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 213-Cl New ADA Curb Ramp: Concrete Curb Ramps, meeting TDLR SF 300 requirements, complete in place 213-C2 Remove & Replace ADA curb ramp: Removal & Replacement SF 300 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 213-C-ADA IMPROVEMENTS(213-C1 THRU 2B-C2) Part 213-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 213-D1 Removal & Replacement of Curb &Gutter, complete in place LF 1,000 Removal & Replacement of driveway approaches, complete 2B-D2 SF 1,300 and in place 213-D3 Removal & Replacement of Sidewalks SF 500 Storm Water Manhole Ring& Cover Adjustment, w/new 213-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 4 Adjustment Rings &w/Concrete Collar, complete in place SUBTOTAL PART 213-13-DRAINAGE IMPROVEMENTS(213-131 THRU 213-134) Part 213-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 213-E1 Water Valve Adjustment w/Concrete Collar,complete in Each 5 place SUBTOTAL PART 213-E-WATER IMPROVEMENTS(213-E1) Part 2B-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring& Cover Adjustment, including 213-F1 New Manhole Ring &Cover Assembly w/new HDPE Height Each 5 Adjustment Rings, Stainless Steel Inflow Inhibitor and w/ Concrete Collar, complete in place SUBTOTAL PART 2B-F-WASTEWATER IMPROVEMENTS(2B-F1) 00 30 01 Bid Form Exhibit A Page 4 of 5 1DIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY PROJECT E16251 WEST 2A - BID SUMMARY PART 2A SUBTOTAL PART 2A-A- GENERAL(Items 2A-A1 thru 2A-A4) SUBTOTAL PART 2A-B -STREET IMPROVEMENTS (Items 2A-B1 thru 2A-B24) SUBTOTAL PART 2A-C-ADA IMPROVEMENTS (Items 2A-C1 thru 2A-C2) SUBTOTAL PART 2A-D - DRAINAGE IMPROVEMENTS (Items 2A-D1 thru 2A-D4) SUBTOTAL PART 2A-E - WATER IMPROVEMENTS (Item 2A-E1) SUBTOTAL PART 2A-F- WASTEWATER IMPROVEMENTS (Item 2A-F1) TOTAL PROJECT BASE BID (PARTS 2A-A THRU 2A-F) PROJECT E16250 WEST 2B - BID SUMMARY PART 2B SUBTOTAL PART 213-A-GENERAL (Items 213-A1 thru 2B-A4) SUBTOTAL PART 213-13- STREET IMPROVEMENTS (Items 213-131 thru 213-1319) SUBTOTAL PART 213-C-ADA IMPROVEMENTS (Items 213-C1 thru 2B-C2) SUBTOTAL PART 213-D - DRAINAGE IMPROVEMENTS (Items 2B-D1 thru 2B-D4) SUBTOTAL PART 213-E -WATER IMPROVEMENTS (Item 213-E1) SUBTOTAL PART 2B-F-WASTEWATER IMPROVEMENTS (Item 213-F1) TOTAL PROJECT BASE BID (PARTS 26-A THRU 264) TOTAL PROJECT BASE BID (PARTS West 2A&West 2B) Contract Times Bidder agrees to reach Final Completion in 365 Days 00 30 01 Bid Form Exhibit A Page 5 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 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 ❑ 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: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BV-C1TV-- PURCHASING DIVISION w~ Cof CITY OF CORPUS CHRISTI Cority pus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: I. Corporation 82. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name 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 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 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 City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 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: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: IDIQ Minor Street Improvements Prosect Prosect Number- E16250, E16251, E16252, E16253 Bidder certifies that 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: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 11-25-2013 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 004516-1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience,education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY,MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 4. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 3.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 3.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF)on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. Statement of Experience 004516-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. I Website Form of Business (check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004516-4 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 1—Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience 004516-5 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 2—Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004516-6 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Protect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Statement of Experience 004516-9 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Description Name Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Protect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Protect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-10 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Statement of Experience 004516-11 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 Table 4—Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/ MBE/ DBE Participation Policy Name Work to be Provided Estimated %of Contract Price Statement of Experience 004516-12 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 ARTICLE 4—CERTIFICATION 4.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004516-13 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 10-6-2015 00 52 23 AGREEMENT This Agreement, for the Project awarded on (TBD) is between the City of Corpus Christi (Owner) and (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: IDIQ MINOR STREET IMPROVEMENTS PROJECT PROJECT NO. E16250, E16251, E16252, E16253 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: ECMS, LLC Felix H.Ocanas,Jr., P.E. 5001 Oakmont Drive Corpus Christi TX 78413 2.02 The Owner's Authorized Representative for this Project is: (TBD) ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. (NOT USED) 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if Agreement 005223- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 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 Price $ ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 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; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 005223-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 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. 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 Agreement 005223-4 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 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 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas 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: Corpus Christi, Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Performance Bond 006113- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev 01-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas 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: Corpus Christi, Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev.01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev.01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology................................................................................................................................11 Article 2—Preliminary Matters...................................................................................................................12 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................12 2.02 Copies of Documents..................................................................................................................13 2.03 Before Starting Construction ......................................................................................................13 2.04 Preconstruction Conference; Designation of Authorized Representatives................................13 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................13 3.01 Intent...........................................................................................................................................13 3.02 Reference Standards...................................................................................................................15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Interpretation of the Contract Documents.................................................................................16 3.05 Reuse of Documents...................................................................................................................16 Article 4—Commencement and Progress of the Work..............................................................................16 4.01 Commencement of Contract Times; Notice to Proceed.............................................................16 4.02 Starting the Work........................................................................................................................16 4.03 Progress Schedule.......................................................................................................................17 4.04 Delays in Contractor's Progress..................................................................................................17 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................18 5.01 Availability of Lands ....................................................................................................................18 5.02 Use of Site and Other Areas........................................................................................................18 5.03 Subsurface and Physical Conditions............................................................................................19 5.04 Differing Subsurface or Physical Conditions...............................................................................19 5.05 Underground Facilities................................................................................................................21 5.06 Hazardous Environmental Conditions at Site .............................................................................22 Article 6—Bonds and Insurance .................................................................................................................24 6.01 Performance, Payment, and Other Bonds..................................................................................24 6.02 Licensed Sureties ........................................................................................................................24 General Conditions 007200- 1 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insurance.....................................................................................................................................25 Article 7—Contractor's Responsibilities.....................................................................................................25 7.01 Supervision and Superintendence..............................................................................................25 7.02 Labor; Working Hours.................................................................................................................25 7.03 Services, Materials, and Equipment ...........................................................................................26 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................26 7.05 Patent Fees and Royalties...........................................................................................................27 7.06 Permits........................................................................................................................................28 7.07 Taxes...........................................................................................................................................28 7.08 Laws and Regulations..................................................................................................................28 7.09 Safety and Protection .................................................................................................................29 7.10 Safety Representative.................................................................................................................30 7.11 Hazard Communication Programs..............................................................................................30 7.12 Emergencies................................................................................................................................30 7.13 Contractor's General Warranty and Guarantee.........................................................................30 7.14 Indemnification...........................................................................................................................31 7.15 Delegation of Professional Design Services................................................................................32 Article 8—Other Work at the Site...............................................................................................................33 8.01 Other Work.................................................................................................................................33 8.02 Coordination ...............................................................................................................................34 8.03 Legal Relationships......................................................................................................................34 Article 9—Owner's and OPT's Responsibilities...........................................................................................35 9.01 Communications to Contractor ..................................................................................................35 9.02 Replacement of Owner's Project Team Members......................................................................35 9.03 Furnish Data................................................................................................................................35 9.04 Pay When Due.............................................................................................................................35 9.05 Lands and Easements; Reports and Tests...................................................................................35 9.06 Insurance.....................................................................................................................................35 9.07 Modifications..............................................................................................................................35 9.08 Inspections,Tests, and Approvals...............................................................................................35 9.09 Limitations on OPT's Responsibilities .........................................................................................35 9.10 Undisclosed Hazardous Environmental Condition......................................................................36 9.11 Compliance with Safety Program................................................................................................36 General Conditions 007200- 2 Corpus Christi Standards- Regular Projects 03-23-2015 Article 10—OAR's and Designer's Status During Construction ..................................................................36 10.01 Owner's Representative..........................................................................................................36 10.02 Visits to Site.............................................................................................................................36 10.03 Resident Project Representatives...........................................................................................36 10.04 Rejecting Defective Work........................................................................................................36 10.05 Shop Drawings, Modifications and Payments.........................................................................36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................37 Article 11—Amending the Contract Documents; Changes in the Work ....................................................37 11.01 Amending and Supplementing the Contract Documents.......................................................37 11.02 Owner-Authorized Changes in the Work................................................................................38 11.03 Unauthorized Changes in the Work........................................................................................38 11.04 Change of Contract Price ........................................................................................................39 11.05 Change of Contract Times.......................................................................................................40 11.06 Change Proposals....................................................................................................................40 11.07 Execution of Change Orders ...................................................................................................40 11.08 Notice to Surety......................................................................................................................41 Article12—Claims.......................................................................................................................................42 12.01 Claims......................................................................................................................................42 12.02 Claims Process.........................................................................................................................42 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................43 13.01 Cost of the Work.....................................................................................................................43 13.02 Allowances..............................................................................................................................46 13.03 Unit Price Work.......................................................................................................................46 13.04 Contingencies..........................................................................................................................47 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................47 14.01 Access to Work........................................................................................................................47 14.02 Tests, Inspections, and Approvals...........................................................................................47 14.03 Defective Work.......................................................................................................................48 14.04 Acceptance of Defective Work................................................................................................49 14.05 Uncovering Work....................................................................................................................49 14.06 Owner May Stop the Work.....................................................................................................49 14.07 Owner May Correct Defective Work.......................................................................................50 General Conditions 007200-3 Corpus Christi Standards- Regular Projects 03-23-2015 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................50 15.01 Progress Payments..................................................................................................................50 15.02 Contractor's Warranty of Title................................................................................................52 15.03 Substantial Completion...........................................................................................................52 15.04 Partial Utilization.....................................................................................................................53 15.05 Final Inspection.......................................................................................................................53 15.06 Final Payment..........................................................................................................................53 15.07 Waiver of Claims.....................................................................................................................54 15.08 Correction Period....................................................................................................................54 Article 16—Suspension of Work and Termination.....................................................................................55 16.01 Owner May Suspend Work.....................................................................................................55 16.02 Owner May Terminate for Cause............................................................................................55 16.03 Owner May Terminate For Convenience................................................................................56 Article 17— Final Resolution of Disputes....................................................................................................57 17.01 Methods and Procedures........................................................................................................57 Article18—Miscellaneous..........................................................................................................................57 18.01 Computation of Times.............................................................................................................57 18.02 Owner's Right to Audit Contractor's Records.........................................................................57 18.03 Independent Contractor.........................................................................................................58 18.04 Cumulative Remedies .............................................................................................................58 18.05 Limitation of Damages............................................................................................................58 18.06 No Waiver ...............................................................................................................................58 18.07 Severability..............................................................................................................................58 18.08 Survival of Obligations............................................................................................................59 18.09 No Third Party Beneficiaries ...................................................................................................59 18.10 Assignment of Contract...........................................................................................................59 18.11 No Waiver of Sovereign Immunity..........................................................................................59 18.12 Controlling Law.......................................................................................................................59 18.13 Conditions Precedent to Right to Sue.....................................................................................59 18.14 Waiver of Trial by Jury.............................................................................................................59 18.15 Attorney Fees..........................................................................................................................59 18.16 Compliance with Laws.............................................................................................................59 18.17 Enforcement............................................................................................................................60 General Conditions 007200-4 Corpus Christi Standards- Regular Projects 03-23-2015 18.18 Subject to Appropriation.........................................................................................................60 18.19 Contract Sum...........................................................................................................................60 18.20 Contractor's Guarantee as Additional Remedy......................................................................60 General Conditions 007200-5 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions 007200-6 Corpus Christi Standards- Regular Projects 03-23-2015 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents -Those items designated as Contract Documents in the Agreement. 20. Contract Price -The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions 007200-7 Corpus Christi Standards- Regular Projects 03-23-2015 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective -When applied to Work, refers to Work that is unsatisfactory,faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions 007200-8 Corpus Christi Standards- Regular Projects 03-23-2015 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions 007200-9 Corpus Christi Standards- Regular Projects 03-23-2015 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions 007200- 10 Corpus Christi Standards- Regular Projects 03-23-2015 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive-A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions 007200- 11 Corpus Christi Standards- Regular Projects 03-23-2015 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions 007200- 12 Corpus Christi Standards- Regular Projects 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions 007200- 13 Corpus Christi Standards- Regular Projects 03-23-2015 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions 007200- 14 Corpus Christi Standards- Regular Projects 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions 007200- 15 Corpus Christi Standards- Regular Projects 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions 007200- 16 Corpus Christi Standards- Regular Projects 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1,for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g.fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions 007200- 17 Corpus Christi Standards- Regular Projects 03-23-2015 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; C. Damage to other adjacent land or areas; and General Conditions 007200- 18 Corpus Christi Standards- Regular Projects 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions 007200- 19 Corpus Christi Standards- Regular Projects 03-23-2015 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions 007200-20 Corpus Christi Standards- Regular Projects 03-23-2015 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions 007200-21 Corpus Christi Standards- Regular Projects 03-23-2015 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.8. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions 007200-22 Corpus Christi Standards- Regular Projects 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions 007200-23 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503,Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay,give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions 007200-24 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions 007200-25 Corpus Christi Standards- Regular Projects 03-23-2015 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.13 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions 007200-26 Corpus Christi Standards- Regular Projects 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes,whether specified or selected by the Contractor, in the Contract Price. General Conditions 007200-27 Corpus Christi Standards- Regular Projects 03-23-2015 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. 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. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions 007200-28 Corpus Christi Standards- Regular Projects 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns,walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner;the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.8 caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions 007200-29 Corpus Christi Standards- Regular Projects 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections,tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions 007200-30 Corpus Christi Standards- Regular Projects 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. TO THE FULLEST EXTENT PERMITTED BY LAW,THE CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK,VIOLATIONS OF LAWS OR REGULATIONS,OR BODILY INJURY, DEATH,OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE(I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE,ORDINANCE, GOVERNMENTAL REGULATION,STANDARD OR RULE,OR III)THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS,ARISING OUT OF OR RELATING TO:(I)THE FAILURE TO CONTROL,CONTAIN,OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II)CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS,OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE,OR III)THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE,CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. General Conditions 007200-31 Corpus Christi Standards- Regular Projects 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees'full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions 007200-32 Corpus Christi Standards- Regular Projects 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's General Conditions 007200-33 Corpus Christi Standards- Regular Projects 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. General Conditions 007200-34 Corpus Christi Standards- Regular Projects 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions 007200-35 Corpus Christi Standards- Regular Projects 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. General Conditions 007200-36 Corpus Christi Standards- Regular Projects 03-23-2015 C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions 007200-37 Corpus Christi Standards- Regular Projects 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner-Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. General Conditions 007200-38 Corpus Christi Standards- Regular Projects 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; C. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and General Conditions 007200-39 Corpus Christi Standards- Regular Projects 03-23-2015 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; General Conditions 007200-40 Corpus Christi Standards- Regular Projects 03-23-2015 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions 007200-41 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 12—CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. F. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. G. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. General Conditions 007200-42 Corpus Christi Standards- Regular Projects 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents,the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits,which may include: 1) Social security contributions, General Conditions 007200-43 Corpus Christi Standards- Regular Projects 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays,to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; General Conditions 007200-44 Corpus Christi Standards- Regular Projects 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions 007200-45 Corpus Christi Standards- Regular Projects 03-23-2015 data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.13.1 and 13.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions 007200-46 Corpus Christi Standards- Regular Projects 03-23-2015 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued,the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination General Conditions 007200-47 Corpus Christi Standards- Regular Projects 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected,tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors,testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions 007200-48 Corpus Christi Standards- Regular Projects 03-23-2015 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work,whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or General Conditions 007200-49 Corpus Christi Standards- Regular Projects 03-23-2015 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. General Conditions 007200-50 Corpus Christi Standards- Regular Projects 03-23-2015 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; General Conditions 007200-51 Corpus Christi Standards- Regular Projects 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q. Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person,firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions 007200-52 Corpus Christi Standards- Regular Projects 03-23-2015 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. General Conditions 007200-53 Corpus Christi Standards- Regular Projects 03-23-2015 C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions 007200-54 Corpus Christi Standards- Regular Projects 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions 007200-55 Corpus Christi Standards- Regular Projects 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions 007200-56 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18—MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents.The audit, examination or inspection may be performed by an Owner designee,which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four(4)years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions 007200-57 Corpus Christi Standards- Regular Projects 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions 007200-58 Corpus Christi Standards- Regular Projects 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required x Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required x Not Required Installation Floater Equal to Contract Price ❑ Required x Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required x Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 007201- 1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 007201-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 007201-3 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 007201-4 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that Insurance Requirements 007201-5 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 007201-6 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 007201-7 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi— Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. Insurance Requirements 007201-8 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 007201-9 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 ReV01-13-2016 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 007201- 10 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 Rev O1-13-2016 009101 ADDENDUM NUMBER: 1 —_ Project Number:E16250, E16251,E16252& Project: IDIQ MINOR STREET IMPROVEMENTS 6253 Owner. C of Ca us Christi qty Engineer. J.H.Edmonds,P.E. Designer. ECMS,LLC Addendum No. 1 Specification Section: 009101 Issue Date: Acknowledge receipt of this Addendum in the Bid Adnowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the old Acknowledgement norm may render the Old as non-responsive and serve as the basis for rejecting the Bid. Make the additions,modifications or deletions to the Contract Documents described In this Addendum. Approved by: DateEO , F F Rho atAddendum Items: •,..h To revise bid opening date. /* ; •,.,* �� New bid date:March 30,2016 @2:00 pm. Invitation to Bid,Section 00 21 13(Attachment 1) �„ W H.0Cl��..,jR. E Drawings Sheets 1 of 34 4 of 34 and 5 of 34(Attachment 2 ..'........................� 33006 . �jSJVR ` ;:`' ir ECMS,LLty Reg.No.F3999 APilroyee by: [De4igner] 6efik H.Ochnar,Jr.,-P.E. Name Date' Addendum No,1 009101-1 IDIQ Minor Street Improvements,PN E16250,E16251,E16252,E16253 Rev01-13.2016 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS-Article 3 1. The date for receipt of Bids has been changed to Wednesday.March 30 2016,2.00 ! 2. The location for the receipt of Bids is unchanged. ARTICLE 3-MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. DELETE the following Drawings: Deleted Drawings Sheet 1 of 34,Title Sheet,Vicinity Map and Sheet index Sheet 4 of 34,Schedule of Estimated Quantities,Part 1 Sheet 5 of 34,Schedule of Estimated Quantities,Part 2 B. ADD the following Drawings: Added Drawings Sheet 1 of 34.Title Sheet,Vicinity Map and Sheet index Sheet 4 of 34,Schedule of Estimated Quantities,Part I-East Sheet 5 of 34 Schedule of Estimated Quantities,Part 2-West AR'T'ICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question: What is the materials for line items 1A-B7 and 1A-138 respectively going to be used? Answer: The materials are for items 1A-B6 and 2A-136. B. Question: The Specifications end with the General Requirements:None of the Standard Specifications are included. Will these be provided? Answer:The specifications were uploaded on March 22,2016. Addendum No.1 009101-2 IDIQ Minor Street Improvements,PN E16250,E16251,E16252,E26253 Rev 01-13-2016 4.02 CLARIFICATIONS A. The Drawings title sheet was revised to correct the Part 1-East and the Part 2-West designations and sheets 4 and 5 corrected the schedules of estimated quantities. B. The question asked at the pre-bid meeting:Is one bid bond required for each part? The answer provided was Yes,a bid bond Is required for Part 1 and a separate bid bond is required for Part 2. END OF ADDENDUM NO. 1 y Addendum No.1 00 9101-3 IDIQ Minor Street Improvements,PN E16250,E16251,E16252,E16253 Rev 01-13-2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 002113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS PAGE 10F 10 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 2.1 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of thefollowing Project: IDIQ MINOR STREET IMPROVEMENTS PROJECT PROJECT NO. E16250. E16251,E16252,E16253 A. This project is an Indefinite Delivery Indefinite Quantity(IDIQ) construction contract to perform minor street pavement repairs throughout the City, including minorstreet pavement rehabilitation/replacement, base repairs with limestone,and sub-grade stabilization.Work may include saw cutting,crack sealing,seal coating, milling, curb& gutter,driveway replacement, curb ramps,and minor utility manhole ring&coverand valve adjustments.The Work will be issued in individual work orders called"Delivery Orders"that provide specific scope and requirements.The City intends to award this contract for an initial one-year/12-month period,with the option to administratively renew for two(2)additional one-year/12-month periods.The City's Department of Engineering Services will determine whether to exercise an option to renew based on the Contractor's successful performance of the work and all Delivery Orders,the recommendation of the City's Design Engineer,Construction Management&Inspection Team,approval bythe City's Director of Engineering Services,and the concurrence of the Contractor. The contract allows for a City-approved economic adjustment to apply to a renewal period if based upon published cast-of-construction indices acceptable to the City. B. The two bid schedules under this single bid invitation includes a "Part 1"and a"Part 2." Part 1 will be dedicated specifically to that part of the City to the West of Ayers Streetand Part 2 will be dedicated to that part of the City East of Ayers Street.The City intends to award Part 1 to the lowest responsible bidder for Part 1,and to award Part 2 to the lowest responsible bidder for Part 2. If the same bidder submits the lowest bid for both Part 1 and Part 2,then both Part 1 and Part 2 may only be awarded to that one lowest bidder if the bidder can demonstrate the capability and resources to complete the work of both Parts i and 2 concurrently and continuously,within the 365 days,add in accordance with the Contract Documents,and to be able to show,to the City's satisfaction,the ability to employ two full crews working concurrently and continuously,one full crew for Part 1 and one full crew for Part 2.Otherwise,should such bidder who has submitted the lowest bids forboth Part 1 and Part 2, not qualify to perform both Parts 1 and Part 2 as described above,then such bidder will be awarded the contract with the highest of his two bids. Invitation to Bid and Instructions to Bidders 00 2113-1 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 Rev01-13-2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 OF 10 2.2 The Engineer's Opinion of Probable Construction Cost for the Project is$4,000,000 totalfor Parts 1 and 2,$2,000,000 for Part 1 and$2,000,000 for Part 2.The Project is to befrinally completed and ready for operation within 365 days. 2.3 Advertisement and bidding information for the Project can be found at the following website;www.civcastusa.com 2.4 Contract Documents may be downloaded or viewed free of charge at this website Thiswebsite 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 3.1 Bids must be received no later than March 30,2016,2:00 PM 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. 3.2 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. 3.3 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.4 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages to: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-IDIQ MINOR STREET IMPROVEMENTS,PN E16250,E16251, E16252,E16253 Corpus Christi,Texas 78401 All envelopes and packages(including FEDEX envelopes) must clearly identify,on theOUTSIDE of the package,the project name and number and that bid documents areenclosed. 3.5 Bids will be publicly opened and read aloud at 2:00 PM,March 30,2016 at the following location: City Hall Building-- City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi,Texas 78401 Invitation to Bid and Instructions to Bidders 002113-2 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252,E16253 RevOl-13.2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 3 OF 10 3.6 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 1—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on March 22,2016, 10:30 AM at the following location: City Hall Building—Engineering Services Conference Room 1 ort 3`a floor,Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5--COPIES OF CONTRACT DOCUMENTS 5.1 Obtain a complete set of the Contract Documents as indicated in SECTION 00 5223 AGREEMENT. 5.2 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. 5.3 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 6.1 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 Iompletion of Work. C. Carefully study and correlate the information available to the Bidder with the Colract 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. 6.2 The submission of a Bid will constitute an incontrovertible representation by the Bidder thatthe Bidder has complied with every requirement of this Article 6,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, Invitation to Bid and Instructions to Bidders 00213.3-3 IDIQ Minor Street Improvements Project,PN E16250, E16251,E16252,E16253 Revo1.13.2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 4 OF 10 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 1—INTERPRETATIONS AND ALTERNATE BIDS 7.1 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 benefitof 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. 7.2 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 exceptionsto the Contract Documents,except as modified by Addenda, may be considered non-responsive. 7.3 Addenda may be issued to clarify, correct,or change the Contract Documents,Addenda orthe related supplemental data as deemed advisable by the Owner or Designer. Modifications tothe 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 3—BID SECURITY 8.1 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidderwill 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 percent(5%)of the greatest amount bid. 8.2 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, moneyorder, 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 8.03 below. 8.3 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. Invitation to Bid and Instructions to Bidders 00 2113 .4 IDIQ Minor Street Improvements Project,PN E16250, E16251,E16252,E16253 Rev 01 13 2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 5 OF 10 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. 8.4 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.5 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.6 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. 8.7 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 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 3—PREPARATION OF BID 9.1 The Bid Form is included with the Contract Documents and has been made available atthe 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. 9.2 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.3 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. 9.4 Provide the name,address,email,and tel iphone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.5 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 Invitation to Bid and Instructions to Bidders 002113-5 IDIQ Minor Street Improvements Project,PN E16250,E16251,E36252,E16253 Re-,01-13-2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 6 OF 10 indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominentlyon 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 forthe 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 11.1 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. 11.2 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 Owner that there was a material and substantial mistake in its Bid. A Bidder that requeststo 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 TOACCEPTANCE 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 10—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 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 11—EVALUATION OF BIDS 14.1 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidders capacity to perform the work within the contract period and/or whether the Bidder has met the minimum specific project experience requirements. 14.2 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. 14.3 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidders recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or mayhave Invitation to Bid and Instructions to Bidders 002113-6 IDIQ Minor Street Improvements Project,PN E16250,E36251,E16252,E16253 Rev 01 13 2016 ADDENDUM N0. 1 ATTACHMENT NO. 1 PAGE 7 OF 10 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 15.1 The Bidders selected for award of the Contract will be the lowest responsible Bidders 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. 15.2 More than one Bid for the same Work from an individual or entity under the same ordifferent 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 16.1 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. 16.2 Minority participation goal for this Project has been established to be 45%. 16.3 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 11—BONDS AND INSURANCE 17.1 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS setsforth 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 ofinsurance. 17.2 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 10—SIGNING OFAGREEMENT 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 alongwith 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. Ownerwill process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. Invitation to Bid and Instructions to Bidders 002113-7 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 fiev01-13-2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 8 OF 10 ARTICLE 10—SALES AND USE TAXES 19.1 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. 19.2 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 10—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 theminimum 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. ARTICLE 12—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 CICL please review the information on the City Secretary's website at htt www.cctexas.com overnment cit -secreta 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 Ce ificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at h"j)s://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.1 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 7. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. Invitation to Bid and Instructions to Bidders 002113-8 IDIQ Minor 5treet Improvements Project,PN E16250, E16251,E16252,E16253 Rev01-13 2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 9 OF 10 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. 24.2 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 lackof clarity in the Bid,OWNER reserves right to determine most advantageous Bid or to reject the Bid. 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 Bider to demonstrate,through submission of the Statement of Expkence,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 STATEMENTOF 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 Invitation to Bid and Instructions to Bidders 002113-9 IDIQ Minor Street Improvements Project,PN E16250, E16251,E16252,E16253 Rev 01 13 2016 ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 10 OF 10 Bid items where the costs are significantly higher/lower than the costs 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,equipmentand supervision/supervisory staff; (iii)ability in the past to timely complete the same orsimilar 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 00 21 13-10 IDIQ Minor Street Improvements Project,PN E16250, E16251,E16252,E16253 Rev01 13-2016 9LSV 6tS'l9f II4J �xws +Mw�i w I Y�•Q XgUKI.1.331IS UNV ryry A tOZI-Mr 14£ Www SVX31 dVWA11t19JIA'13aHS31ILL 9bo 'Yl'1wLjgz)-d-j !!SIHH] SndMO7 to AVOI �" �?•' 'JO IUOWtoOIGos ® 9ilr+M-wxglzvVE30m,tSi•1:1 M34-d " 57 o gl In3 1SI913 T VI 1 tri917 o�t»fa+d ! o= �: 669E-3' N'�1i t �: yy• :M sw a SLgMV3AOXJM i33SJL9 HONIW Of al t�QY�p4� d OR All Will] Q Ilk H • Z W LU O z �,.° W m1 d15 U 10 a r m o ff W l 3 3 2 N •� O N C-4 h 64 a Z w w w w ! oo • � v v � v s a a a z CL O. �_W tplla�o����uj w � �Opp�OIOV¢plit - C3 wCzzoz w zo�r 4U- yOuO¢a 2wm fit- D Z y -Z 10 on.I- H¢7N OOF R •iw./!Qh'6QJLbd11 sa.r>z�6o1d .LM-I1HYd5811.uKyflo 1; .c I m-'.'p GUVWUS3:10 3incraHOS Z] Ag r d,y�yIV F ^ `I r,��, n•°d,,,r �t n+Mtica��r vt wK��su �w.fw °C 01 m3 stsca s v1 P"-Mtl mmrwd 6WlN7AOV4M lrna&.s r"W CM ai n inuaaae � ana a nmw $4 cc HIM it jig t � � r 8 # 3 7 3 Y x iMI. w 8 =i i i=il11111MIN 11115 mill F11 5i M r 1 s G' G G «G««G t�GGGG GGGGL xi $ ' -77IY Y a : as �i .LS3Y1'Z.Lxvd s31.ui.rcvna CuLvviu.sd clo alnaaHOs ? d�.+•�� � L7 F-.-.� � 9t 7�+M�Gts1I�vt A+M-[i271;��KW h �� s�xartanrnutm 17ftliY VONiw ul Rio, ' GGGGG ZN M t 9 b h a3" _ _ m a 16 BB ti~ og a � fill I G 3j ;� ;A I ;1 � � t e XIN 55555 YYYYYY YYYYYY � A A = 7 G 3 G G t 3 GGGGG GGGGG Axl # 19 Fr ti a. a I LI I $ rk Viii �,"�� n S G 7 G G L ; F 5 GGFGG G L G G G 3 G G F G A 911 R M 5 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 Grace Paving And Construction, Inc-(typeorprintnome of company) on: [TBD]for IDIQ MINOR STREET IMPROVEMENTS PROJECT, PROJECT NO. E16250, E16251, E16252, E16253. 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.civcaStL]sa.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—IDIQ Minor Street Improvements Project, Project No. E16250, E16251, E16252,E16253 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: Addendum No. Addendum Date Sig ture Ac wled ' -Receipt 03/24/16 Bid Acknowledgement Form 003000-1 IDIQ Minor Street Improvements Project, PN E16250, E16251, E16252, E16253 RevOl-13-2016 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. 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 Bid Acknowledgement Form 003000-2 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 Reve1-13-2016 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 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. Bid Acknowledgement Form 003000-3 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 Rev 01-13-2026 s r ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be finally completed within 365 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. 6.02 Bidder agrees that the Work 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. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Acknowledgement Form 003000-4 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 Rev 01-13-2016 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Grace Paving And Construction, Inc. (typprinted full legal name of Bidder) By: (individual's signature) Name: Eddie M. Ortiz (typed or printed) Title: President / CEO (typed or printed) 1 Attest: ro (individual's signature) State of Residency: Texas Federal Tax Id. No. 74-2980782 Address for giving notices: 4237 Baldwin Blvd. Corpus Christi, Texas 78405-3324 Phone: 361 -883-3232 Email: gracepaving@aol.com (Attach evidence of authority to sign if the authorized individual is not the Bidder,but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-5 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 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 I� 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: Grace Paving And Construction, Inc. ped or printed) By: (signature—attach evidence of authority to sign) Name: Eddie M. Ortiz (typed or printed) Title: President / CEO Business address: 4237 Baldwin Blvd. Corpus Christi, Texas 78405-3324 Phone: 361 -883-3232 Email: gracepaving@aol.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 11-25-2013 00 30 OS City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY nV— PURCHASING DIVISION �M CITY OF CORPUS CHRISTI C DISCLOSURE OF MEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Grace Paving And Construction, Inc. P.O.BOX: _ STREET ADDRESS: 4237 Baldwin Blvd. CITY:Corpus Christi ZIP: 78405-3324 FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary+,please use the reverse side of this page or attach separate sheet: I. 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 't/) A- Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name A) 1 k Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%ar more of the ownership in the above named"firm." Name N 14- 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 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 ,l� Consultant City of Corpus Christi Disclosure of interest 00 30 05-1 Nevol-13-2016 FHMG 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 1 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: Eddie M. Ortiz Tide: President/CEO (Type az Pritt) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship,as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies„ or special terms of venture or partnership agreements." & "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 Disclosure of interest W3005-2 Rev 0113-2016 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: IDIQ Minor Street Improvements Project Project Number-E16250,E16251,E16252,E16253 Bidder certifies that 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: (typed or printed By: Zz -14�� (sig ature—attach evidence of authority to sign) Name: Eddie M. Ortiz (typed or printed) Title: President /CEO Business address: 4237 Baldwin Blvd. Corpus Christi, Texas 78405-3324 Phone: 361 -883-3232 Email: gracepaving@aol.com END OF SECTION Non-Collusion Certification 00 30 06-1 IDIQ Minor Street Improvements Project,PN E16250,E16251,E16252,E16253 11-25-2013 00 30 01 BID FORM EXHIBIT A Project IDIQ Minor Street Improvements Project Name: Project E16253 East 1A&E16252 East 16 Number: Owner: I City of Corpus Christi Bidder: OAR: Designer: ECMS,LLC Felix H.Ocanas,Jr.,P.E. Basis of Bid for Part 1A& 1B- East of Ayers Street Item DESCRIPTION UNIT 4UA�TCE UNIT PRICE EXTENDED AMOUNT Base Bid E16253 East 1A Part 1A A-General(per SECTION 01299 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-A1 Mobilization/Bonds/ins/ not to exceed 5%-total bid LS 1 $ 57,770.00 $ 57,770.00 1A-A2 Traffic Control,Residential Streets Day 280 $ 350.00 $ 98,000.00 1A-A3 Traffic Control,Arterial Streets Day 93 $ 550.00 $ 51,150.00 1A-A4 Ozone Days EA 5 $ 250.00 $ 1,250.00 SUBTOTAL PART IA-A-GENERAL(Items 1A-A1 thru 1A-A4) $ 208,170.00 Part IA-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-B1 Seal Coat,per single course SY 1,600 $ 2.9S $ 4,720.00 1A-62 Crack Seal,0-1"wide LF 1,000 $ 1.30 $ 1,300.00 Planing(Milling),2" 1A-63 SY 1,600 1,000 to 2,000 SY minimum per Delivery Order $ 3.98 $ 6,368.00 1A-B4 Planing(Milling),Additional 1" SY 1600 1000 to 2,000 SY minimum per Delivery Order $ 3.70 $ 5,920.00 1A-B5 Cement Stabilized Base with 4%Cement,existing limestone SY 700 base,3-6",complete in place per SY $ 4.72 $ 3,304.00 1A-136 Pot Hole Crew: Provide a 3-man pot hole repair crew to 8-Hr. 80 Include labor,materials,equipment&incidentals Day $ 1,542.00 $ 123,360.00 HMAC,Type"D"material for pot hale repair,TxDOT 1A-B7 Standard Specification for Construction Item 340,including Ton 760 $ 78.48 $ 59,644.80 SS 1 emulsion for tack coat 1A-B8 All-Season Pre-Coated Patching mixture(ASPPM),TxDOT Ton 760 $ 148.24 $ 112,662.40 DMS 9202.5,including SS1 emulsion for tack coat 1A-B9 Allowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 1A-810 to 1A-814 1A-B10 Sub rade Re air up to 4-6" Depth lime stabilization 6%) SY 100 $ 12.95 $ 1,295.00 1A-B11 Base Repair,Upper 2"Depth (Limestone) SY 3,000 $ 10.42 $ 31,260.00 1A-B12 Base Repair,Additional 1" Depth(Limestone) SY 6,000 $ 6.73 $ 40,380.00 1A-613 Surface Treatment Repair Upper 2" HMAC SY 3,000 $ 18.20 $ 54,600.00 1A-B14 I Surface Treatment Repair Additional 1"Depth HMAC I SY 1 3,000 10.20 30,600.00 00 30 01 Bid Form Exhibit A Page 1 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03.02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED U NT� UNIT PRICE EXTENDED AMOUNT Range 100 to 250 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 1A-815 to IA-B19 1A-B15 Subgrade Repair up to 4-6" Depth lime stabilization 6% SY 100 $ 14.93 $ 1,493.00 1A-1316 Base Repair,Upper 2" Depth (Limestone) SY 2,400 $ 11.36 $ 27,264.00 1A-B17 Base Repair,Additional 1" Depth(Limestone) SY 7,000 $ 7.71 $ 53,970.00 1A-818 Surface Treatment Repair Upper 2"HMAC SY 6,000 $ 19.35 $ 116,100.00 1A-1319 ISurface Treatment Repair Additional 1"Depth HMAC I SY 1 6,000 11.16 66,960.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items IA-820 to 1A-B24 1A-B20 Subgrade Repair up to 4-6"Depth(lime stabilization 61yo) SY 112 $ 13.22 $ 1,480.64 1A-821 Base Repair, Upper 2" Depth (Limestone) SY 6,000 $ 11.37 $ 68,220.00 1A-1322 Base Repair,Additional 1" Depth(Limestone) SY 6,000 $ 7.41 $ 44,460.00 IA-B23 Surface Treatment Repair Upper 2"HMAC SY 6,000 $ 19.21 $ 115,260.00 1A-B24 Surface Treatment Repair Additional 1" Depth HMAC I SY 1 6,000 $ 11.101 $ 66,600.00 SUBTOTAL PART IA-B-STREET IMPROVEMENTS(Items 1A-61 thru 1A-824) $ 1,057,221.84 Part IA-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-C1 New ADA Curb Ramp:Concrete Curb Ramps,meeting TDLR SF 300 $ 15.14 $ 4,542.00 requirements,complete in place 1A-C2 Remove&Replace ADA curb ramp:Removal&Replacement SF 300 $ 19.67 $ 5,901.00 of ADA ramps not in compliance w/TDLR SUBTOTAL PART IA-C-ADA IMPROVEMENTS(1A-C1 THRU 3A-C2) Is 10,443.00 Part IA-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-D1 Removal&Replacement of Curb&Gutter,complete in place LF 1,000 $ 30.09 $ 30,090.00 1A-D2 Removal&Replacement of driveway approaches,complete SF 1000 and in lace $ 7.26 $ 7,260.00 1A-D3 Removal&Replacement of Sidewalks SF 500 $ 7.91 $ 3,955.00 Storm Water Manhole Ring&Cover Adjustment,w/new 1A-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 5 $ 1,157.00 $ 5,785.00 Adjustment Rings&w/Concrete Collar,complete in place SUBTOTAL PART 1A-1D-DRAINAGE IMPROVEMENTS(1A-D3 THRU 1A-D4) 1 $ 47,090.00 Part 3A-E-WATER MOVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1A-E1 Water Valve Box Adjustment w/Concrete Collar,complete in Each 5 place $ 757.00 $ 3,785.00 SUBTOTAL PART 1A-E-WATER IMPROVEMENTS(1A-E1) $ 3,785.00 Part 1A-F-WASTEWATER MOVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover Assembly w/new HDPE Height 1A-F1 Adjustment Rings,Stainless Steel Inflow Inhibitor and wJ Each 5 $ 1,234.00 $ 6,170.00 Concrete Collar,complete in place SUBTOTAL PART 1A-F-WASTEWATER IMPROVEMENTS(1A-F1) $ 6,170.00 00 30 01 Bid Form Exhibit A Page 2 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev03-02.2016 00 30 61 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED T M UNIT PRICE EXTENDED AMOUNT ffY Base Bid E16252 East 1B Part 18-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 111-A1 Mobilization/Bonds/Ins/(not to exceed 5%-total bid) LS 1 $ 57,770.00 $ 57,770.00 113-A2 Traffic Control,Residential Streets Day 130 $ 475.00 $ 61,750.00 1B-A3 Traffic Control,Arterial Streets Day 130 $ 575.00 $ 74,750.00 1B-A4 10zone Days EA 2 1 $ 250.001 $ 500.00 SUBTOTAL PART 1B-A-GENERAL(Items 1B-A1 thru 18-A4) $ 194,770.00 Part 16-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 16-111 Planing(Milling),2" SY 1,000 1,000 to 2,000 SY minimum per Delivery Order $ 3.98 $ 3,980.00 1B-B2 Planing(Milling),Additional 1" SY 1,000 1000 to 2,000 SY minimum per Delivery Order $ 3.78 $ 3,780.00 18-83 Cement Stabilized Base with 4%Cement,existing limestone SY 300 base,3-6",complete in place per SY $ 5.90 $ 1,770.00 18-64 JAIlowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 1B-B5 to 1B-B9 1B-B5 Sub rade Repair up to 4-6" Depth(lime stabilization 6%) SY 100 $ 24.22 $ 2,422.00 16-B6 Base Repair,Upper 2" Depth (Limestone) SY 1,500 $ 10.44 $ 15,660.00 16-67 Base Repair,Additional 1" Depth(Limestone) SY 1,500 $ 7.52 $ 11,280.00 1B-B8 Surface Treatment Repair Upper 2"HMAC SY 1,500 $ 18.17 $ 27,255.00 1B-89 Surface Treatment Repair Additional 1" Depth HMAC SY 1,500 10.15 15,225.00 Range 100 to 250 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 1B-810 to 1B-B14 18-B10 Sub rade Repair up to 4-6"Depth lime stabilization 6% SY 100 $ 26.81 $ 2,681.00 18-Bll Base Repair, Upper 2" Depth (Limestone) SY 1,000 $ 11.34 $ 11,340.00 18-1112 Base Repair,Additional 1" Depth(Limestone) SY 1,000 $ 7.70 $ 7,700.00 18-1313 Surface Treatment Repair Upper 2"HMAC SY 1,000 $ 19.53 $ 19,530.00 18-614 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,000 11.17 11,170.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 1B-B15 to 1B-619 18-B15 Sub rade Re air up to 4-6" Depth lime stabilization 6% SY 100 $ 13.86 $ 1,386.00 1B-B16 Base Repair,Upper 2" Depth (Limestone) SY 1,700 $ 11.62 $ 19,754.00 111-1117 Base Repair,Additional l" Depth(Limestone) SY 1,700 $ 7.38 $ 12,546.00 18-1118 Surface Treatment Repair Upper 2"HMAC SY 1,700 $ 19.35 $ 32,895.00 16-819 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1,700 $ 11.231 $ 19,091.00 SUBTOTAL PART 18-6-STREET IMPROVEMENTS(Items 1B-61 thru 1B-B19) Is 239,465.00 00 30 01 Bid Form Exhibit A Page 3 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED AMOUNT Part 1B-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B-C1 New ADA Curb Ramp:Concrete Curb Ramps,meeting TDLR SF 400 $ 14.75 $ 5,900.00 requirements,complete in place 1B-C2 Remove&Replace ADA curb ramp:Removal&Replacement SF 300 $ 19.67 $ 5,901.00 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 1B-C-ADA IMPROVEMENTS(1B-C1 THRU 1B-C2) is 11,801.00 Part IB-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1B-D1 Removal&Replacement of Curb&Gutter,complete in place LF 1,000 $ 30.07 $ 30,070.00 1B-D2 Removal&Replacement of driveway approaches,complete SF 1,000 $ 7,260.00 and in lace $ 7.26 1B-D3 Removal&Replacement of Sidewalks SF 500 $ 7.911 $ 3,955.00 Storm Water Manhole Ring&Cover Adjustment,w/new 1B-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 2 $ 1,157.00 $ 2,314.00 Adjustment Rings&w/Concrete Collar,complete in place SUBTOTAL PART 18-D-DRAINAGE IMPROVEMENTS(1B-D1 THRU 18-D4) $ 43,599.00 Part 18-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 18-E1 Water Valve Box Adjustment w/Concrete Collar,complete in Each 2 place $ 757.00 $ 1,514.00 SUBTOTAL PART 1B-E-WATER IMPROVEMENTS(11141) $ 1,514.00 Part IB-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover Assembly w/new HDPE Height 1B-F1 Each 2 $ 1,234.00 $ 2,468.00 Adjustment Rings,Stainless Steel inflow Inhibitor and w/ Concrete Collar,complete in place SUBTOTAL PART 1B-F-WASTEWATER IMPROVEMENTS(11341) $ 2,468.00 00 30 01 Bid Farm Exhibit A Page 4 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED AMOUNT QUANTnT PROJECT E16253 EAST 1A- BID SUMMARY- PART 1A SUBTOTAL PART 1A-A-GENERAL(Items 1A-A1 thru 1A-A4) I $ 208,170.00 SUBTOTAL PART 1A-B-STREET IMPROVEMENTS(Items lA-Bl thru 1A-B24) $ 1,057,221.84 SUBTOTAL PART 1A-C-ADA IMPROVEMENTS(Items 1A-C1 thru 1A-C2) 1 $ 10,443.00 SUBTOTAL PART 1A-D-DRAINAGE IMPROVEMENTS(Items 1A-D1 thru 1A-D4) $ 47,090.00 SUBTOTAL PART 1A-E-WATER IMPROVEMENTS(Item 1A-El) is 47,090.00 SUBTOTAL PART IA-F-WASTEWATER IMPROVEMENTS(Item 1A-Fl) $ 6,170.00 TOTAL PROJECT BASE BID(PARTS IA-A THRU 1A-F) $ 1,376,184.84 PROJECT E16252 EAST 1B- BID SUMMARY- PART 1B SUBTOTAL PART 1B-A-GENERAL(Items 1B-Al thru 1B-A4) 1 $ 194,770.00 SUBTOTAL PART 1B-B-STREET IMPROVEMENTS(Items 18-81 thru 18-619) $ 239,465.00 SUBTOTAL PART 1B-C-ADA IMPROVEMENTS(items 1B-C1 thru 1B-C2) 1 $ 11,801.00 SUBTOTAL PART 1B-D-DRAINAGE IMPROVEMENTS(Items 1B-Dl thru 1B-D4) $ 43,599.00 SUBTOTAL PART 1B-E-WATER IMPROVEMENTS(Item 1B-E1) $ 1,514.00 SUBTOTAL PART 1B-F-WASTEWATER IMPROVEMENTS(Item 1B-Fl) $ 2,468.00 TOTAL PROJECT BASE BID(PARTS 18-A THRU 16-F) $ 493,617.00 TOTAL PROJECT BASE BID(PARTS East 1A&East 1B) $ 1,869,801.84 Contract Times Bidder agrees to reach Fina)Completion in 365 Days 00 30 01 Bid Form Exhibit A Page 5 of 5 IDIQ Minor Street Pavement Improvements Project#E16253 East 1A#E16252 East 1B Rev 03.02-2016 00 30 01 BID FORM EXHIBIT A Project IDIQ Minor Street Improvements Project Name: Project E16251 West 2A&E16250 West 2B Number: Owner: City of Corpus Christi Bidder: OAR: Designer: ECMS,LLC Felix H.Ocanas,Jr.,P.E. Basis of Bid for Part 2A& 2B-West of Ayers Street Item DESCRIPTION UNIT S MATED UNIT PRIM EXTENDED AMOUNT ANTIITY Base Bid E16251 West 2A Part 2A-A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-A1 Mobilization/Bands/Ins/(not to exceed 5%-total bid) LS 1 $ 57,770.00 $ 57,770.00 2A-A2 Traffic Control,Residential Streets Day 280 $ 350.00 $ 98,000.00 2A-A3 Traffic Control,Arterial Streets Day 93 $ 550.00 $ 51,150.00 2A-A4 Ozone Days EA 5 $ 250.00 $ 1,250.00 SUBTOTAL PART 2A-A-GENERAL(Items 2A-Al thru 2A-A4) $ 208,170.00 Part 2A-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-B1 Seal Coat,per single course SY 1,600 $ 2.95 $ 4,720.00 2A-132 Crack Seal,0-1"wide LF 1,000 $ 1.30 $ 1,300.00 2A-B3 Planing(Milling),2" SY 1,600 1,000 to 2,000 SY minimum per Delivery Order $ 3.98 $ 6,368.00 2A-B4 Planing(Milling),Additional 1" 1000 to 2,000 SY minimum per Delivery Order SY 1,600 $ 3.70 $ 5,920.00 2A-85 Cement Stabilized Base with 4%Cement,existing limestone SY 700 base,3-6",complete in place per SY $ 4.72 $ 3,304.00 2A-86 Pot Hole Crew:Provide a 3-man pot hole repair crew to 8-Hr. 70 include labor,materials,equipment&incidentals Day $ 1,542.00 $ 107,940.00 HMAC,Type"D"material for pot hole repair,TxDOT 2A-137 Standard Specification for Construction Item 340,including Ton 660 $ 78.48 $ 51,796.80 SS 1 emulsion for tack coat 2A-B8 All-Season Pre-Coated Patching mixture(ASPPM),TxDOT Ton 660 $ 148.24 $ 97,838.40 DMS 9202.5,including SS1 emulsion for tack coat 2A-139 Allowance for Unanticipated Street improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2A-810 to 2A-B14 2A-B10 Sub rade Repair up to 4-6"Depth(lime stabilization 6%) SY 100 $ 12.92 $ 1,292.00 2A-B11 Base Repair,Upper 2" Depth (Limestone) SY 2,200 $ 10.42 $ 22,924.00 2A-B12 Base Repair,Additional 1"Depth(Limestone) SY 4,400 $ 6.77 $ 29,788.00 2A-813 Surface Treatment Repair Upper 2" HMAC SY 2,200 $ 18.11 $ 39,842.00 2A-B14 Surface Treatment Repair Additional 1"Depth HMAC SY 1 2,200 10.20 22,440.00 00 30 01 Bid Form Exhibit A Page 1 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03.02-2016 60 10 01 BID FORM EXHIBIT A J ftem ]DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED AMOUNT QUANTITY Range 100 to 250 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2A-B15 to 2A-619 2A-615 Subgrade Repair u to 4-6" Depth(lime stabilization 6%) SY 100 $ 14.93 $ 1,493.00 2A-616 Base Repair,Upper 2" Depth (Limestone) SY 2,400 $ 11.35 $ 27,240.00 2A-1317 Base Repair,Additional 1" Depth(Limestone) SY 7,000 $ 7.48 $ 52,360.00 2A-B18 Surface Treatment Repair Upper 2" HMAC SY 6,000 $ 19.35 $ 116,100.00 2A-1319 Surface Treatment Repair Additional 1"Depth HMAC SY 1 6,000 11.20 67,2-0.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). items 2A-B20 to 2A-624 2A-620 Sub rade Re air up to 4-6" Depth lime stabilization 6%) SY 112 $ 13.22 $ 1,480.64 2A-1321 Base Repair, Upper 2" Depth (Limestone) SY 6,000 $ 11.37 $ 68,220.00 2A-1322 Base Repair,Additional 1"Depth (Limestone) SY 6,000 $ 7.41 $ 44,460.00 2A-623 Surface Treatment Repair Upper 2" HMAC SY 6,000 $ 19.21 $ 115,260.00 2A-624 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 6,000 $ 11.101 $ 66,600.00 SUBTOTAL PART 2A-B-STREET IMPROVEMENTS(Items 2A-B1 thru 2A-B24) $ 975,886.84 Part 2A-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-Cl New ADA Curb Ramp:Concrete Curb Ramps,meeting TDLR SF 300 requirements,complete in place $ 15.14 $ 4,542.00 2A C2 Remove&Replace ADA curb ramp: Removal&Replacement SF 300 $ 19.67 $ 51901.00 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 2A-C-ADA IMPROVEMENTS(2A-C1 THRU 2A-C2) $ 10,443.0- Part 2A-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-D1 Removal&Replacement of Curb&Gutter,complete in place LF 3,000 $ 30.09 $ 90,270.00 2A-D2 Removal&Replacement of driveway approaches,complete SF 2,000 $ 14,520.00 and in lace $ 7.26 2A-D3 Removal&Replacement of Sidewalks SF 1,000 $ 7.91 $ 7,910.00 Storm Water Manhole Ring&Cover Adjustment,w/new 2A-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 10 $ 1,157.00 $ 11,570.00 Adjustment Rings&w/Concrete Collar,complete in place SUBTOTAL PART 2A-D-DRAINAGE IMPROVEMENTS(2A-D1 THRU 2A-D4) $ 124,270.0- Part 2A-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-El Water Valve Box Adjustment w/Concrete Collar,complete in Each 10 $ 757.00 $ 7,570.00 place SUBTOTAL PART 2A-E-WATER IMPROVEMENTS(2A-El) $ 7,570.00 00 30 01 Bid Form Exhibit A Page 2 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 213 Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Y Item DESCRIPTION UNIT I ESTIMATED UNIT PRICE EXTENDED AMOUNT Part 2A-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment,including 2A-F1 New Manhole Ring&Cover Assembly w/new HDPE Height Each 10 $ 1,234.00 $ 12,340.00 Adjustment Rings,Stainless Steel Inflow Inhibitor and w/ Concrete Collar,complete in place SUBTOTAL PART 2A-F-WASTEWATER IMPROVEMENTS(2A-Fl) I I-F $ 12,340.00 Base Bid E16250 West 2B Part 2B•A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2B-A1 Mobilization/Bonds/Ins/ not to exceed S%-total bid LS 1 $ 57,770.00 $ 57,770.00 2B-A2 Traffic Control, Residential Streets Day 130 $ 475.00 $ 61,750.00 2B-A3 Traffic Control,Arterial Streets Day 130 $ 575.00 $ 74,750.00 2B-A4 Ozone Days EA 2 $ 250.00 $ 500.00 SUBTOTAL PART 2B-A-GENERAL(Items 26-A1 thru 2B-A4) $ 194,770.00 Part 2B-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2B-B1 Planing(Milling),2" SY 1,000 1,000 to 2,000 SY minimum per Delivery Order $ 3.98 $ 3,980.00 Planing(Milling),Additional 1" 26-62 SY 1,000 $ 3,700.00 1000 to 2,000 SY minimum per Delivery Order $ 3.70 Cement Stabilized Base with 4%Cement,existing limestone 26-B3 base,3-6",complete in place per SY SY 300 Is 4.721 $ 1,416.00 2B-B4 Allowance for Unanticipated Street Improvements LS 1 1 1 $ 20,000.00 1 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2B-B5 to 2B-69 2B-B5 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 $ 12.95 $ 1,295.00 2B-B6 Base Repair,Upper 2" Depth (Limestone) SY 1,000 $ 10.42 $ 10,420.00 28-B7 Base Repair,Additional 1"Depth(Limestone) SY 1,000 $ 6.77 $ 6,770.00 2B-138 Surface Treatment Repair Upper 2" HMAC SY 1,000 $ 18.11 $ 18,110.00 2B-B9 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,000 10-801 $ 10 800.00 2B-B10 Subgrade Repair up to 4-6"Depth (lime stabilization 6%) SY 100 $ 14.93 $ 1,493.00 2B-611 Base Repair,Upper 2" Depth (Limestone) SY 1,500 $ 11.61 $ 17,415.00 2B-B12 Base Repair,Additional 1" Depth(Limestone) SY 1,500 $ 7.71 $ 11,565.00 2B-B13 Surface Treatment Repair Upper 2" HMAC SY 1,500 $ 19.67 $ 29,505.00 2B-B14 ISurface Treatment Repair Additional 1" Depth HMAC I SY 1 1,500 11.16 $ 16 740.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2B-615 to 2B-B19 2B-B15 Subgrade Repair up to 4-6"Depth(lime stabilization 6%) SY 100 $ 13.22 $ 1,322.00 2B-B16 Base Repair,Upper 2" Depth (Limestone) SY 1,500 $ 11.51 $ 17,265.00 28-B17 Base Repair,Additional 1"Depth(Limestone) SY 1,500 $ 7.72 $ 11,580.00 2B-818 Surface Treatment Repair Upper 2"HMAC SY 1,500 $ 19.59 $ 29,385.00 2B-619 I Surface Treatment Repair Additional 1" Depth HMAC I SY 1 1,500 $ 11-101 $ 16,650.00 SUBTOTAL PART 26-8-STREET IMPROVEMENTS(Items 28-Sl thru 28-619) $ 229,411.00 00 30 01 Bid Form Exhibit A Page 3 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03.02-2016 00 30 01 BID FORM EXHIBIT A 4 ESTIMATED Item DESCRIPTION 7 UNIT QUANTITY UNIT PRICE EXTENDED AMOUNT Part 26-C-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) New ADA Curb Ramp:Concrete Curb Ramps,meeting TDLR 2B-C1 requirements,complete in place SF 300 $ 15.14 $ 4,542.00 2B-C2 Remove&Replace ADA curb ramp:Removal&Replacement SF 300 $ 19.67 $ 5,901.00 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 28-C-ADA IMPROVEMENTS(28-C1 THRU 2B-C2) $ 10,443.00 Part 2B-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2B-D1 Removal&Replacement of Curb&Gutter,complete in place LF 1,000 $ 30.09 $ 30,090.00 2B-D2 Removal&Replacement of driveway approaches,complete SF 1,300 and in place $ 7.26 $ 9,438.00 2B-D3 Removal&Replacement of Sidewalks SF 500 $ 7.91 $ 3,955.00 Storm Water Manhole Ring&Cover Adjustment,w/new 213-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 4 $ 1,157.00 $ 4,628.00 Adjustment Rings&w/Concrete Collar,complete in place SUBTOTAL PART 2B-D-DRAINAGE IMPROVEMENTS(28-131 THRU 28-134) $ 48,111.00 Part 28-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Water Valve Adjustment w/Concrete Collar,complete in 2B-E1 Each 5 $ 757.00 $ 3,785.00 place SUBTOTAL PART 28-E-WATER IMPROVEMENTS(2641) $ 3,785.00 Part 2B-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover Assembly w/new HDPE Height 2B-F1 Each 5 $ 1,234.00 $ 6,170.00 Adjustment Rings,Stainless Steel Inflow Inhibitor and w/ Concrete Collar,complete in place SUBTOTAL PART 28-F-WASTEWATER IMPROVEMENTS(21141) $ 6,170.00 00 30 01 Bid Form Exhibit A Page 4 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev 03-02-2016 00 30 01 BID FORM EXHIBIT A Item DESCRIPTIONESTIMATED UNIT PRICE ocTENDED AMOUNT 1�� PROJECT E16251 WEST 2A- BID SUMMARY PART 2A SUBTOTAL PART 2A-A-GENERAL(Items 2A-A1 thru 2A-A4) $ 208,170.00 SUBTOTAL PART 2A-B-STREET IMPROVEMENTS(Items 2A-B1 thru 2A-B24) $ 975,886.84 SUBTOTAL PART 2A-C-ADA IMPROVEMENTS(Items 2A-C1 thru 2A-C2) 1 $ 10,443.00 SUBTOTAL PART 2A-D-DRAINAGE IMPROVEMENTS(Items 2A-01 thru 2A-D4) 1 1 $ 124,270.00 SUBTOTAL PART 2A-E-WATER IMPROVEMENTS(Item 2A-El) $ 7,570.00 SUBTOTAL PART 2A-F-WASTEWATER IMPROVEMENTS(Item 2A-F1) $ 12,340.00 TOTAL PROJECT BASE BID(PARTS 2A-A THRU 2A-F) $ 1,338,679.84 PROJECT E16250 WEST 2B- BID SUMMARY PART 2B SUBTOTAL PART 2B-A-GENERAL(Items 2B-A1 thru 2B-A4) 1 $ 194,770.00 SUBTOTAL PART 213-8-STREET IMPROVEMENTS(Items 2B-Bl thru 2B-819) $ 229,411.00 SUBTOTAL PART 2B-C-ADA IMPROVEMENTS(Items 2B-C1 thru 2B-C2) 1 $ 10,443.00 SUBTOTAL PART 2B-D-DRAINAGE IMPROVEMENTS(Items 2B-D1 thru 2B-D4) $ 48,111.00 SUBTOTAL PART 2B-E-WATER IMPROVEMENTS(Item 26-E1) is 3,785.00 SUBTOTAL PART 2B-F-WASTEWATER IMPROVEMENTS(Item 2B-Fl) $ 6,170.00 TOTAL PROJECT BASE BID(PARTS 2B-A THRU 2B-F) $ 492,690.00 TOTAL PROJECT BASE BID(PARTS West 2A&West 2B) $ 1,831,369.84 Contract Times Bidder agrees to reach Final Completion in 365 Days 00 30 01 Bid Form Exhibit A Page 5 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 213 Rev 03-02-2016 The The Hanover insurance Company 1440 Lincoln Street,Worcester,MA 01653 Hanover teens Insurance Company of America 1645 West Grand River Avenue,Howell,M148843 Insurance Group° Massachusetts Bay Insurance Company 1 440 Lincoln Street,Worcester,MA 01653 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, GRACE PAVING&CONSTRUCTION INC. hereinafter called Principal,and THE HANOVER INSURANCE COMPANY,a corporation established under the laws of the State of New Hampshire, and/or MASSACHUSETTS BAY INSURANCE COMPANY, a corporation established under the laws of the State of New Hampshire and having their principal office in Worcester,Massachusetts,as Surety,hereinafter called Surety,are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, in the penal sum of FIVE PERCENT OF THE GREATEST AMOUNT BID(5%G.A.B.) Dollars for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors administrators,successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF CORPUS CHRISTI a certain Bid,attached hereto and hereby made a part hereof,to enter into a contract in writing for IDIQ MINOR STREET IMPROVEMENTS PROJECT-PROJECT NO.E 16251 &E 16250 PART 1-WEST OF AYERS STREET NOW,THEREFORE, (a) If said Bid shall be rejected,or in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract,and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and Surety does hereby waive notice of any such extension. SIGNED,SEALED AND DATED this 30TH day of MARCH 2016- G CE PAVIN&CONSTRUCTION,INC. (Principal) BY Z (Th: (Seal) 0 MASSACHUSETTS BAY INSURANCE COMPANY BY (Seat (Attorney-in-fact) THE HANOVER INSURANCE COMPANY BY (Seat ARY EL OORE (Attorney-in-fact) 141-0787(10104) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Steve Addkison,Mary Ellen Moore,Cathleen Hayles,Aaron J. Endris and/or Tricia Balolong Of Higginbotham &Assoc. Inc. of Corpus Christi,TX each individually, if there be more than one named, as its true and lawful attorneys)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds, recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Million and Noll 00($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of Indemnity,waivers of citation and all otherwritings obligatoryin the nature thereof,with powerto attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company tothe same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981—The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 17th day of February,2016. THE HANOVER INSURANCE COMPANY MASSACHUSETTS DAY INSURANCE COMPANY CITIZENSAISURAHCE OMPANY OF AMERICA >7 � -107{.�`(PE) Robert Thcm ts.Vice President THE HANOVER IHSURANCe COMPANY SA Hull BAY 7 6L RA!CE COMPANY CIT EN t Su CE • OP AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. • '•� On this 17th day of February, 2016 before me came the above named Vice Presidents The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me pe sonally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. DIANE J. MARINO 2Notvv Pubewu �n�73��?7GCi,LfJ�' W C•nmtdion tapr.• DiancJ. a .Naary Public Conmasseon Expi"March S•2022 1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 30 day of MARCH, 2016 CERTIFIED COPY Theodor Q M;Ainrt,vice Nijidat 11x The Hanover Insurance Company 1440 Uncoln Street,Worcester,MA 01653 Hanover Cwzens Insurance Company of America 1645 West Grand River Avenue,Howell,MI 48843 Insurance Groupe Massachusetts Bay Insurance Company 1440 Uncoln Street,Worcester,MA 01653 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, GRACE PAVING&CONSTRUCTION INC. hereinafter called Principal,and THE HANOVER INSURANCE COMPANY,a corporation established under the laws of the State of New Hampshire,and/or MASSACHUSETTS BAY INSURANCE COMPANY, a corporation established under the laws of the State of New Hampshire and having their principal office in Worcester,Massachusetts,as Surety,hereinafter called Surety,are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, in the penal sum of FIVE PERCENT OF THE GREATEST AMOUNT BID(5%G.A.B.) Dollars for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors administrators,successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF CORPUS CHRISTI a certain Bid,attached hereto and hereby made a part hereof,to enter into a contract in writing for IDIQ MINOR STREET IMPROVEMENTS PROJECT-PROJECT NO.E16253&E16252 PART 2-EAST OF AYERS STREET NOW,THEREFORE, (a) If said Bid shall be rejected,or in the altemate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall famish a bond for his faithful performance of said contract,and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and Surety does hereby waive, notice of any such extension. SIGNED, SEALED AND DATED this 30TH day of MARCH 2016- GRACFE PAVINCA&CONSTRUCTION,INC. (Pnncipa4 BY (Seal) ❑ MASSACHUSETTS B Y INSURANCE COMPANY BY (Seat (Attorney-in-fad) V THE HANOVER INSURANCE COMPANY BY (Seal} MARY L O (Attorney-in-fact) 141-0787(10104) _. _ -�w ,� .. . . . � � . . . . , .. ,. . . ,: _ .: .. �. ., ,. . . .., � ,: .. - . _, , . . . �. r .,, �� r� ` � �• t` � '.� 'ate`L y ., �1 .,.r1I, � � `, � �. 'J ./�� - _. THE HANOVER INSURANCE COMPANY ' MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY-OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company')does hereby constitute and appoint, Steve Addkison,Mary Ellen Moore,Cathleen Hayles,Aaron J.Endris and/or Tricia Balolong Of Higginbotham&Assoc. Inc. of Corpus Christi,TX each individually, if there be more than one named, as its true and lawful attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds, recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Thirty Million and No/100($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of Indemnity,waivers of citation and all other writings obligatory in the nature thereof,with powerto attach thereto the seal of the Company.Any such writings so executed by such Attomeys4n-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981—The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 170'day of February,2016. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY *rte CITIZENS URANCE OMPANY OF AMERICA Robrrt'rhorn=Vitt PoWdrnt THE HANVER osuRANCE COMPANY %1 %1C3ARYC0FFCW0 EIPRAiCltAY THE NWEALTH COUNTY OF WORCESTEROF MASSACHUSETTS )ss. J.FTh'e Ka, eyOn this 17u' day of February, 2016 before me came the above named Vice Presidents Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me pe sonally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. MMARINOicJ. Ma.a n>mi@* Dianal. a o.Expi Much 4.am My Commission Expin_t Mnn:h S,2022 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 30 day of MARCH, 2016 CERTIFIED COPY , o Martina,VicePicsidcnt ` 4K E C M S J. H. Edmonds, P.E. July 26, 2018 Director of Capital Programs ENGINEERING & P.O. Box 9277 CONSTRUCTION M A N A G E M E N T City of Corpus Christi s E R v I C E S Corpus Christi, TX 78469-9277 ATTN: Marisa Alaniz SUBJECT: Proposed Renewal of Contract No. E17042, IDIQ Minor 5001 OAKMONT DRIVE CORPUS CHRISTI, Street improvements 78841133 361 98611202 OFFICE Dear Mr. Edmonds, 361 5494576 MOBILE 361 9062477 FAX In accordance with communications with Marisa Alaniz and JR Lopez, the ECMS@STX.RR.COM following documents are attached in support of proposed subject renewal: 1.ECMS email dated July 6, 2018 to Grace Paving & Construction, Inc., requesting a proposal for renewal#2 to subject contract. 2. Grace Paving &Construction response via email dated July 10, 2018 forwarding their proposal with unit price increases marked in red for those bid items including limestone and/or concrete due to recent price increases in those materials. Letter from the two suppliers, Ingram and Martin Marietta are included. 3. A revised Bid Schedule in accordance with the revised unit prices. Please note that the quantities for the revised items remain the same, but the quantities for Bid Item 2A-137 HMAC Type D material for pot hole repair was reduced from 100 to 98.6188, and bid items 213-135 and 2B- B10 were also reduced from 100 to 34.6718 and from 100 to 43.3357 respectively, to maintain the current contract amount of$1,831,369.84. Please note that a new project number has not been included on the revised bid schedule. The Contractor has performed in a Satisfactory manner on the existing and original contracts. Award is recommended in the amount of$1,831,369.84 Sincerely yours, ':�4" 14 Felix H. Ocanas, Jr., P.E. ECMS LLC, President/CEO 1 Print Page 1 of 1 Subject: Renewal#2 for Contract E17042 From: Felix Ocanas (ecros@att.net) To: gracepaving@aol.com; Date: Friday,July 6,2018 10:22 RM Eddie, We will proceed with closeout of your existing contract. Please submit the following: Your proposal for the renewal.Any increase in unit price can be expressed by crossing out the current price and placing the proposed new price in pen/red ink. Close out documents on your current contract,MBE letter,guarantee letter. Willie and Teri can coordinate the Final Pay Estimate for refund of retainage. Please call me if any questions. Thanks M Felix H. Ocanas,Jr.,P.E. ELMS,LLC https-//mg.mail.yahoo.com/neo/launch?.partner=sbc&.rand=3 o7kgfktgl luf 7/15/2018 Print Page 1 of 1 Subject: Renewal#2 for Contract E17042 From: gracepaving@aol.com(gracepaving@aol.com) To: ecros@att.net; Date: Tuesday,July 10,2018 1:42 PM Mr. Felix Ocanas,Jr., P.E. Attached are the updated unit prices, as well as the notice of increase from the vendors. If you have any other questions or comments let us know. Thanks, Michael Ortiz Grace Paving &Construction, Inc. (361) 883-3232 Attachments • Renewal #2 E17042 Updated Unit Prices.pdf(7.65MB) https://mg.mail.yahoo.com/neo/launch?.partner=sbc&.rand=3 o7kgfktgl luf 7/15/2018 00 30 01 BID FORM EXHIBIT A Project IDIQ Minor Street Improvements Project Name: Project E16251 West 2A&E16250 West 2B Number: Owner: City of Corpus Christi Bidder: OAR: Designer: ECMS,LLC Felix H.Ocanas,Jr.,P.E. Basis of Bid for Part 2A & 2B -West of Ayers Street F�l Item DESCRIP7DESCRIPTIONESTIMATED UNIT PRICE EXTENDED AMOUNT QUANTITY Base B► E16251 West 2A Part 2A-A-General(per SECTION 0129 til MEASUREMENT AND BASIS FOR PAYMENT) 2A-Al Mobilization/Bonds/ins/(not to exceed 5%-total bid) LS 1 $ 57,770.00 57,770.00 2A-A2 Traffic Control, Residential Streets Day 280 $ 350.00 $ 98,000.00 2A-A3 Traffic Control,Arterial Streets Day 93 $ 550.04 $ 51,1.50.00 2A-A4 Ozone Days EA 5 $ 250.00 $ 1,250.00 SUBTOTAL PART 2A-A-GENERAL(Items 2A-A2 thru 2A-A4) 1 $ 208,170..00 Dart 2A-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FAR PAYMENT) 2A-81 Seal Coat,per single course SY 1,600 $ 4.60 $ 960.00 2A-B2 Crack Seal,0-1"wide LF 1,000 Is 1.30 $ 1,300.00 2A-B3 Planing(Milling),2" Sy 1,600 3.98 $ 6,358.00 .1,004 to 2,000 SY minimum per Delivery Order $ 2A-B4 Planing(Milling),Additional 1" SY 1,600 1.000 to 2,000 SY minimum per Delivery Order $ 3.70 $ 5,920.00 Cement Stabilized Base with 4%Cement,existing limestone SY 700 2A-65 base, 3-6", complete in place per SY 4.72 $ 3,304.00 Pot Hole Crew:Provide a 3-man pot hole repair crew to 8-Hr. 51 2A-B61,542.00 $ 78,642.00 include labor,materials, equipment&incidentals Day $ HMAC,Type"D" material for pot hole repair,TxDOT 2A-B7 Standard Specification for Construction Item 340,including Ton 484 $ 78.48 $ 37,984,32 SS 1 emulsion for tack coat Ail-Season Fre-Coated Patching mixture(ASPPM),TXDOT Ton 488 $ 148.24 $ 72,318.72 2A-B8 DMS 9202.5, including SS1 emulsion for tack coat 2A-B9 Allowance for unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2A-B10 to 2A-B14 2A-B10 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 1.2.92 $ 1,292.00 2A-B11 Base Repair, Upper 2" Depth (Limestone) SY 2,200 $ ). moi $ __2SA 'l 2A-B12 Base Repair,Additional 1" Depth(Limestone) SY 4,400 $ .qu $ 344wee. 2A-B13 Surface Treatment Repair Upper 2" HMAC SY 2,200 $ 19.12 $ 42,442.00 2A-B14 ISurface Treatment Repair Additional 1" De th HMAC SY 2,200 $ 11.20 $ 24,640.00) - r y ,111 04 V 1 qv" 00 30 01 Bid Form Exhibit A Page 1 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 2B Rev asoma-zoic 00 30 01 BID FORM EXHIBIT A ESTIMATED Item DESCRIPTION UNIT QUANTITY UNIT PRICE WENDED AMOUNT Range 1.00 to 250 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,Mase and surface treatment/repair using asphalt concrete(HMAC). Items 2A-1315 to 2A-B19 2A-815 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 1.00 14.93 1,493.00 2A-B16 Base Repair,Upper 2" Depth (Limestone) SY 2,400 $ !2 &O-t215- -2#,fF4V- 3 2A-1317 Base Repair,Additional 1" Depth(Limestone) SY 7,000 $ .&I -- - r' 2A-B18 Surface Treatment Repair Upper 2" HMAC SY 6,000 $ 20.35 $ 122,100.00 2A-B19 JSurface Treatment Repair Additional 1" Depth HMAC SY T'-00-01 $ 12.201 $ 73,200.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). items 2A-B20 to 2A-B24 2A-B20 Sub rade Repair up to 4-6" Depth(lime stabilization 6%) SY 112 $ 13.22 $ 1.480.E 2A-B21 Base Repair, Upper 2" Depth (Limestone) SY 6,000 $12 -&2:-12':x'' $ 2A-622 Base Repair,Additional 1" Depth(Limestone) SY 6,000 $q. - $ ---50 2A-823 Surface"treatment Repair Upper 2" HMAC SY 6,000 $ 20.21 $ 121,260.00 2A-B24 ISurface Treatment Repair Additional 1" Depth HMAC SY 6,000 1 $ 12.10 $ 72,600.00 SUBTOTAL PART 2A-B-STREET IMPROVEMENTS(items 2A-81 thru 2A-B24) 64,236 $ 959,896.68 Part 2A-C-ADA IMPROVEMENTS(per SECTION 0125 01 MEASUREMENT AND BASIS FOR PAYMENT) New ADA Curb Ramp:Concrete Curb Ramps,meeting TDLR SF 300 $ 15.14 $ 4,542.00 2A-C1 requirements,complete in place 2A-C2 Remove&Replace ADA curb ramp: Removal&Replacement SF 300 $ 19.67 $ 5,901.00 of ADA ramps not in compliance w/TDLR SUBTOTAL PART 2A-C-ADA IMPROVEMENTS(2A-C1 THRU 2A-C2) $ 10,443.00 Part 2A-D-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2A-D1 Removal&Replacement of Curb&Gutter, complete in place LF 3,000 $10.243 $ -901-2qe.-W Removal&Replacement of driveway approaches,complete SF 2,000 $ 2A-D2 and in place SF 1,000 $"'I.' $ ? 3@ BB 2A-D3 Removal&Replacement of Sidewalks Storm Water Manhole Ring&Cover Adjustment,w/new 2A-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 10 $ 1,157.00 $ 11,570.00 Adjustment Rings&w/Concrete Collar, complete in place SUBTOTAL PART 2A-D-DRAINAGE IMPROVEMENTS(2A-D1 THRU 2A-D4) $ 224,270.OtI Part 2A-E-WATER IMROVEMENTS(per SECTION 0124 01 MEASUREMENT AND BASIS FOR PAYMENT) Water Valve Box Adjustment w/Concrete Collar,complete in Each 10 $ 757.00 $ 7,570.00 2A-E1 place SUBTOTAL PART'2A-E-WATER IMPROVEMENTS(2A-E2) $ 7,570.00 Rage 2 of 00 30 01 Bid Form Exhibit A IDIQ Minor Street Pavement Improvements Project#E16251 West 2A##E16250 west ZB r�evQs-az zai6 00 30 01 BID FORM EXHIBIT A ESTIMATED Item DESCRIPTION UNIT QUANT rrY UNIT PRICE EXTENDED AMOUNT Part 2A-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, including 2A-F1 New Manhole Ring&Cover Assembly w/new HDPE Height Each 10 $ 1,234.00 $ 12,340.00 Adjustment Rings,Stainless Steel Inflow Inhibitor and w/ Concrete Collar,complete in place SUBTOTAL PART ZA-F-WASTEWATER IMPROVEMENTS(2A-FI) $ 12,340.00 Base Bid E16250 West 28 Part 2B•A General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2B-A2 Mobilization/Bonds/Ins/(not to exceed 5/-total bid) LS 1 $ 57,750.16 $ 57,760.16' 2B-A2 Traffic Control,Residential Streets Day 130 $ 475.00 $ 61,750.00 28-A3 Traffic Control,Arterial Streets Day 130 $ 575.00 $ 74,7501.00 28-A4 Ozone Days EA 2 $ 250.001 $ 500.00 SUBTOTAL PART 26-A-GENERAL(items 26-A1 thru 26-A4} $ 194 360.16 Part 2B-B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2B-B1 3.98 Planing(Milling), 2'" SY 1,000 $ 3,980.00 1,000 to 2,000 SY minimum per Delivery Order $ 2B-B2 3.70 Planing(Milling),Additional V SY 1,000 $ 3,700.00 10130 to 2,000 SY minimum per Delivery Order 2B-B3 Cement Stabilized Base with 49/o Cement,existing limestone SY 300 $ 1,416.00 base,3-6",complete in place per SY $ 4.72 2B-B4 Allowance for Unanticipated Street Improvements LS 1 $ 20,000.00 $ 20,000.00 Range 1 to 100 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway,subgrade,base and surface treatment repair using asphalt concrete(HMAC). Items 2B-B5 to 2B-B9 2B-BS Subgrade Repair up to 4-6" Depth(lime stabilization 6%) SY 100 $ 12.95 $ 1,295.00 2B-66 Base Repair, Upper 2" Depth (Limestone) SY 1,000 $11,6q -1+.*�- $ 28-B7 Base Repair,Additional 1" Depth(Limestone) SY 1,000 2B-B8 Surface Treatment Repair Upper 2" HMAC I SY 1,000 $ 19.11 $ 19,110.00 2B-B9 Surface Treatment Repair Additional 1" Depth HMAC SY 1 1,000 11-801 $ 11,800.00 Range 100 to 250 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2B-610 to 2B-B14 2B-B10 Subgrade Repair up to 4-6"Depth(lime stabilization 6%) SY 100 $ 14.93 $ 1,493.00 26-B11 Base Repair, Upper 2" Depth (Limestone) SY 1,500 $j -` -12= $ 2B-B12 Base Repair,Additional 1" Depth(Limestone) SY 1,500 $4-6.mow`'( 8.7 $ 2B-613 Surface Treatment Repair Upper 2" HMAC SY 1,500 $ 20.67 $ 31,005.00 26-814 15urface Treatment Repair Additional 1" Depth HMAC SY 1,500 1 $ 12.36 $ 18,240.00 Range 250 to 1000 SY-Localized Flexible Pavement Structure Repairs with saw cutting existing roadway;subgrade,base and surface treatment/repair using asphalt concrete(HMAC). Items 2B-B15 to 2B-B19 2B-B15 Subgrade Repair up to 4-6" Depth (lime stabilization 6%) SY 100 $ 13.22 $ 1,322.00 2B-B16 Base Repair,Upper 2" Depth (Limestone) SY 1,500 $111/rs-� $ � 2B-B17 Base Repair,Additional 1"Depth (Limestone) SY 1,500 $ $A15 4-7-k $ X3-8 213-1318 Surface Treatment Repair Upper 2" HMAC SY 1 1,500 $ 20.59 $ 30,885.00 28-B19 ISurface Treatment Repair Additional 1" De th HMAC sY 1,500 $ 12.10 $ 18,150.00 SUBTOTAL PART ZB-B-STREET IMPROVEMENTS(Items 2B-B1 thru 2B-63.9) 18,601 $ 245,411.00 00 30 01 Bid Form Exhibit A Page 3 of 5 tDIQ Minor Street Pavement improvements Project#E16251 West 2A#E16250 West 2B Rev 63-02-2016 00 30 01 BID FORM EXHIBIT A ESTIMATED je�m DESCRIPTIt3N UNIT UNIT PRICE EXTENDED AMOUNT QUANTITY Part 2B.0-ADA IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) ' 2B-C1 New ADA Curb Ramp:Concrete Curb Ramps, meeting TDLR SF 300 IS requirements,complete in place Remove&Replace ADA curb ramp.Removal& Replacement SE 300 ,"T 49:e26-C2 $ of ADA ramps not in compliance w/TDLR SUBTOTAL PART 2B-C-ADA IMPROVEMENTS(2B-C1 THRU 213-C2) $ 10,443.00 Part 28-D DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT} 30.11 2B-D1 Removal& Replacement of Curb&Gutter,complete in place LF 1,000 $ r1liqb. 2B-D2 Removal&Replacement of driveway approaches,complete SF 1,300 $ ' 4-26- $ -4,439-0f and in place 28-D3 Removal&Replacement of Sidewalks SF 500 $ a $ Storm Water Manhole Ring&Cover Adjustment,w/new 2B-D4 Manhole Ring and Cover Assembly w/new Concrete Height Each 4 $ 1,157.00 $ 4,628.00 Adjustment Rings&w/Concrete Collar,complete in place SUBTOTAL PART 26-D-DRAINAGE IMPROVEMENTS(26-D1 THRU ZB-D4) $ 48,11100 Part 28-E-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Water Valve Adjustment w/Concrete Collar,complete in Each 5 757.00 $ 3,785.00 2B-El place SUBTOTAL PART 28-E-WATER IMPROVEMENTS(28-El) $ 3,78 5.00 Part 211-F-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Sanitary Sewer Manhole Ring&Cover Adjustment, including 2841 New Manhole Ring&Cover Assembly w/new HDPE Height Each 5 $ 1,234.00 $ 6,170.00 Adjustment Rings,Stainless Steel Inflow Inhibitor and w/ Concrete Collar,complete in place SUBTOTAL PART 2B-F-WASTEWATER IMPROVEMENTS(2B-F1) $ 6,17(#.00 00 30 01 Bid Form Exhibit A Page 4 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 west 2B Rev 63-E}2-2(}16 00 30 01 81D FORM EXHIBIT A ESTIMATEI? Lit—, m DESCRIPTI(JN UNIT t2UANTITY UNIT PRICE EXTENDEDAMttIJNT PROJECT E16251.WEST 2A- BILA SUMMARY PART 2A SUBTOTAL PART 2A-A-GENERAL(items 2A-A1 thru 2A-A4) I $ 20$,170.00 $ 208,170.00 SUBTOTAL PART 2A-B-STREET IMPROVEMENTS(items 2A-B1 thru 2A-B24) 959,896.68 $ 959,896.68 SUBTOTAL PART 2A-C-ADA IMPROVEMENTS(items 2A-C1 thru 2A-C2) 1 $ 10,443.00 $ 10,443.00 SUBTOTAL PART 2A-D-DRAINAGE IMPROVEMENTS(items 2A-D1 thru 2A-D4) $ 124,270.00 $ 124,270.00 SUBTOTAL PART 2A-E-WATER IMPROVEMENTS(item 2A-E1) $ 7,570.00 $ 7,570.00 SUBTOTAL PART 2A-F-WASTEWATER IMPROVEMENTS(item 2A-F1) $ 12,340.00 $ 12,340.00 TOTAL PROJECT BASE BID(PARTS 2A-A THRU 2A-F) T 1,322,689.68 PROJECT E16250 WEST 2B- BID SUMMARY PART 2B SUBTOTAL PART 2B-A-GENERAL(items 2B-A1 thru 2B-A4) $ 194,760.16 194760.15 SUBTOTAL PART 2B-B-STREET IMPROVEMENTS(Items 2B-B1 thru 2B-B19) $ 245,411..00 245411 SUBTOTAL PART 2B-C-ADA IMPROVEMENTS(items 28-C1 thru 2B-C2) $ 10,443.00 10443 SUBTOTAL PART 2B-D-DRAINAGE IMPROVEMENTS(items 2B-D1 thru 2B-D4) $ 48,111.00 48111 SUBTOTAL PART 28-E-WATER IMPROVEMENTS(Item 2B-E1) $ 1,785.00 3785 SUBTOTAL PART 2B-F-WASTEWATER IMPROVEMENTS(item 2B-F1) $ 6,170.00 6170 TOTAL PROJECT BASE BID(PARTS 26-A THRU 2B-F) 508680,16 TOTAL PROJECT BASE BID(PARTS West 2A&West 28) $ 1,831,369'84 Contract Times Bidder agrees to reach Final Completion in 365 Days 00 30 01 Bid Farm Exhibit A Page 5 of 5 IDIQ Minor Street Pavement Improvements Project#E16251 West 2A#E16250 West 28 Rev 03-02-2016 Ing R- eady ix Inc � May 18, 2018 Dear Valued Customer, Due to increased material. labor. freight.. equipment,and permitting costs, it has become necessary for Ingram Readymix to implement a price increase. All locations, except Houston area plant locations,will have a$3.00 per cubic yard increase effective Tule 1. 2018. All Houston area plant locations will have a$4.00 per cubic yard increase effective June 1, 2018, as previously explained in our letter dated April 10,2018. A fuel surcharge will be applied according to the attached schedule dated February 15, 2016. The fuel surcharge schedule can also be found at-,NiA v.ingramreadvmixinc.com.. ingrain Readymix will continue to strive to provide the absolute best quality products and service to our customers. We truly appreciate your business, and look forward to servicing?,your concrete needs in the future. Respectfully,. Earl Ingram, Ph.D., P.E. President 3580 FM 482 NEW BRAUNFELS,TEXAS 78132(830)625-9156 FAX(830)625-9174 BANDERA-BLANCO-BOERNE•BULVERDE-CONVERSE•CORPUS CHRISTI-GOTULLA-DEL RIO•DEVINE-FREDERICKSBURG GONZALES.HONDO-KERRVILLE=KINGSVILLE•LAREDO•MARBLE FALLS•NEW BRAUNFELS-PEARSALL•PLEASANTON PORT LAVACA•SAN ANTONIO#1 •SAN ANTONIO#2•SAN ANTONIO#3•SAN ANTONIO#4•SAN MARCOS•SEGUIN.VICTORIA martin May 28,2018 Dear aiue€3 Customer, Martin m anetta is grateful for the opportunity to serve your aggregate needs. We value your business and took forward to continuing to provide you lith products and service that exceed your expectations. We continue to incur increased transportation and fuel casts:related to aggregate shipments. In order to steep pace with these costs and ongoing demand,and continue providing you the highest quality pt,od€act and service,!Martin Marietta will be implement-ng the following PrIcingAtructure at our South Texas and 3eaumoont yards effe lve Ealy? 2018a 2 00/ton Clean Store Manufactured Sand .-00/ton Project quotations prior ts€July 1.,2018 will reflect current pricing. All prkiect quotations will expire 30 days beyond the date of issue. Quotations that are not accepted before this date will be subject to the increased pricing sere. Ail projects under contract prior to July 1.,21318 will continue to be invoiced in accordance wig the original purchase order agreement. Additionally,any projects exceeding 1.2 months;n duration will be subject to an escalator as indicated an tr.e quotation. ou yoar sales representative will be in contact,with you personally within arse next 30 days to answer any.questions that y may have-Additionally,please feet free to contact either of us directty,to discuss any issues or concerns you may have. Thank you for your business,and making Martin Mai iettaa your supplier o3 choice.. Respectfully, Z�/r- eooc /. /J= Jason Lyn&z Eric Viator 3osh 8a acke s ira president/Genera!Manager Area Manager Area Manager Gulf art District 9eaurnornt yards South Texas yards ce: 951- Office: -931-3895 mice. 21.13-208-4056 Mobile:409-284-8724Mobile:409-273-0237 Mobile,210-294-3373 15409 old Humble Road,Humble,TX 77396 t. (4€9a 654-33313 f.( 654-331::2 UtfU41w.martinmaretta.COM 00 52 23 AGREEMENT This Agreement, approved on August 22,2018, is the Second Renewal of the IDIQ Minor Street Improvements Project (Part 2)—Project Nos. E16250& E16251 originally awarded on May 24, 2016 by the City Council of the City of Corpus Christi,Texas ("Owner")to Grace Paving and Construction, 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: IDIQ MINOR STREET IMPROVEMENTS PROJECT(PART 2)Contract Renewal#2(Ref E17042; E16250& E16251) PROJECT NO. 18124A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: ECMS, LLC Felix H. Ocanas,Jr., P.E. 5001 Oakmont Drive Corpus Christi TX 78413 2.02 The Owner's Authorized Representative for this Project is: Joshua Senecal, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,#5 Corpus Christi TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be completed within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. (NOT USED) 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 Agreement 005223- 1 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev O1-13-2016 Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 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. IDIQ Budget for Contract Renewal $ 1,900,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 005223-2 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev O1-13-2016 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 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev O1-13-2016 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 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev O1-13-2016 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 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) Rev O1-13-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca Hue rta o-° -US DIg1lallyslgn tlby JeR Edmonds a U Ciy DN:on—Edmonds,o,--gfneerUg,emelt=�eRreye®oNexes.corry ®M1 a5 oxes�g o-US ate. Date:2618.68.31 68:31:66-05'66' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: N/A APPROVED ���exa=em�3 BY COUNCIL N/A 2018 08 30 12 35 01 0500 Assistant City Attorney N/A ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Michael Ortiz Michael rtlz Date:2018.08.2410:26:50-05'00' Grace Paving and Construction, Inc. iz (Seal Below) By: Eddie M. Ortiz Date: ly signed 011 y Eddie 8.08241025:33,-0500' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4237 Baldwin Blvd. Financial Officer Address Corpus Christi, Texas 78405-3324 City State Zip 361/883-3232 361-883-1296 Phone Fax gracepaving@aol.com EMail END OF SECTION Agreement 005223-6 #18124A IDIQ Minor Street Improvements(Part 2)Cont Ren#2(Ref E17042; E16250, E16251) ReV01-13-2016 006113 PERFORMANCE BOND BOND NO. 1065219 Contractor as Principal Surety Name: Grace Paving and Construction,Inc. Name: THE HANOVER INSURANCE COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 4237 Baldwin Blvd. 10375 RICHMOND AVENUE, SUITE 1050 Corpus Christi,TX 78405-3324 HOUSTON, TEXAS 77042 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas 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: NEW HAMPSHIRE 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):713-243-7072 Proi.No. 18124A IDIQ Minor Street Improvements Proiect(Part 2) Telephone(for notice of claim): Contract Renewal#2(Ref E17042:E16250& SEE ATTACHED E16251 Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Appr. Date of the Contract: August 22,2018 Address: 500. N. SHORELINE BLVD., SUITE 1200 Contract Price: $1,900,000.00 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: memoore@higginbotham.net Date of Bond: AUGUST 27, 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 18124A IDIQ Minor St Impr Proj(Prt 2)Con Ren#2(Ref E17042;E16250&E16251) 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 asPri ipal Surety Signature: y Signature: Name: ej p jL / j01Z'1'1z,, Name: MARY EN MOORE Title: -?12L 5 ZJJf J Title: ATTORMPY TN FACT Email Address: C, 401, .ems Email Address: memoore@h gginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 18124A IDIQ Minor St Impr Proj(Prt 2)Con Ren#2(Ref E17042;E16250&E16251) 7-8-2014 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Steve Addkison,Mary Ellen Moore,Cathleen Hayles,Aaron J. Endris and/or Tricia Balolong Of Higginbotham 8 Assoc. Inc. of Corpus Christi, TX each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign,execute, seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds, recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Thirty Million and No/100($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seat of the Company.Any such writings so executed by such Attomeys-in-fact shall be binding upon the Company as if they had been duty executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if ail signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981—The Hanover Insurance Company,Adopted April 14,1982—Massachusetts Bay Insurance Company,Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 17th day of February,2016. THE HANOVER INSURANCE COMPANY t� uASSACHUSEM 13AY tUSURANCE COMPANY CITIZENS �CE �MPAWOFAJIAERICA IM �oTa Robed TilOmm Vice Praid= TIME H^NOVPa WSURANCE COiO-ANY HM BAY COMPANY Fonally I 4R !CE !F A! OF A4LFJttCA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 17th day of February, 2016 before me carne the above named Vice Presidents Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me pe known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. oIAlta J.MARINfo cnnlonrF NOMY 0,r.ewO W1 1.8 Oisna J. .bk=7 Public - ity Comm,ssioo Ea<pico F1aleb+3,2022 . 1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance;Conip ny and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Oric�in`1l'Fj6\06rof 46mey issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force-and' ffect= :: GIVEN under my hand and the seals of said Companies,at Worcester, Massachusetts,this27TH,day'of *I jGTJST;,. 2Q3.8 CERTIFIED COPY - W-'S 'Ui H" novfer Insurance Group° IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener informacion o para someter complaint: una queja: You may call Hanover Insurance Usted puede Ilamar al numbero de Company's toll-free telephone number telefono gratis de Hanover Insurance for information or to make a complaint at: Company para informacion or para someter una queja al: 1-800-608-8141 1-800-608-8141 You may also write: Hanover Insurance Company Usted tambien puede escribir: Premier Place Hanover Insurance Company Suite 850 Premier Place 5910 North Central Expressway Suite 850 Dallas,Texas 75206 5910 North Central Expressway Dallas,Texas 75206 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or Puede communicarse con el complaints at Departamento de Seguros de Texas para obtener informacion acerca de 1-800-252-3439 companias, coberturas, derechos o quejas al You may write the Texas Department of Insurance at: .1-800-252-3439 P.O. Box 149104 Austin,TX 78714-9104 Puede escribir al Departamento de FAX#(512)475-1771 Seguros de Texas Web:http:/Avww.tdi.state.tx.us P.O. Box 149104 Email: Austin,Texas 78714-9104 ConsumerProtection®tdi.state.tx.us FAX#(512)475-1771 Web: http://www.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Email: Should you have a dispute concerning ConsumerProtection Q tdi.state.tx.us your premium or about a claim you DISPUTAS SOBRE PRIMAS 4 should contact the agent or the company first. If the dispute is not resolved, you RECLAMOS: Si tiene una disputa may contact the Texas Department of concemiente a su prima o a un reciamo, Insurance. debe comunicarse con el agente o Ia compania primero. Si no se resuelve Ia ATTACH THIS NOTICE TO YOUR disputa, puede entonces comunicarse POLICY: This notice is for information con el departamento(TDI). only and does not become a part or condition of the attached document UNA ESTE A VISO A SU POLIZA: Este aviso es sola para propositi de informacion y n se convierte an parte o condicion del documento adjunto. 221-4828 (7-07) I 006116 PAYMENT BOND BOND NO. 1065219 Contractor as Principal Surety Name: Grace Paving and Construction.Inc. Name: THE HANOVER INSURANCE COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 4237 Baldwin Blvd. 10375 RICHMOND AVENUE, SUITE 1050 Corpus Christi,TX 78405-3324 HOUSTON, TEXAS 77042 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas 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: NEW HAMPSHIRE 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): 713-243-7072 Proi.No.18124A IDIQ Minor Street Improvements Project(Part 2) Contract Renewal#2(Ref E17042: E16250& Telephone(for notice of claim): E162511 SEE ATTACHED Local Agent for Surety NameffIGGINBOTHAM/SWANTNER & GORDON Appr. Date of the Contract: August 22,2018 Address: 500.N. SHORELINE BLVD., SUITE 1200 Contract Price: $1,900,000.00 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: memoore@higginbotham.net Date of Bond: AUGUST 27 2018 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept of Insurance by calling the following toll-free number.1-800-252-3439 Payment Bond Form 006116-1 18124A IDIQ Minor St Impr Proj(Prt 2)Cont Ren#2(Ref E17042;E16250&E16251) 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Prinyy��' //ate�) , Surety Signature: �Y l/1�' Signature: Name: p�E f f2 jy� Name: MARY EN MOORE Title: Pezz !Z>&Wi Title: Arr Y IN FACT Email Address: &e./.ee-�i Email Address: memoore@higginbotham.net (Attach Power of Attorney and place surety seal below) " 4 END OF SECTION Payment Bond Form 006116-2 18124A IDIQ Minor St Impr Proj(Prt 2)Cont Ren#2(Ref E17042;E16250&E16251) 7-8-2014 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Steve Addkison, Mary Ellen Moore,Cathleen Hayles,Aaron J. Endris and/or Tricia Balolong Of Higginbotham&Assoc. Inc. of Corpus Christi, TX each individually, if there be more than one named, as its true and lawful attorney(s)-oin-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds, recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Thirty Million and No/100($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appointAttomeys-in-fact of the Company,in its name and as it acts,to execute and acknowledge far and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory In the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as If all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981—The Hanover Insurance Company,Adopted April 14,1982—Massachusetts Bay Insurance Company.Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 17"'day of February,2016. THE HANOVER INSURANCE COMPANY MAS"CMMETTS SAY INSURANCE COMPANY -- CrrIZEN3 k3URANCE OMFAIiY OF AMERICA • _ tea BF.AL=,� `rcTa. 1 �. °�- ..,:; RobectThamas.vicePraidatt THE"HOVER INSURANCE COWMY Tonally YSCO CATHE COMMONWEALTH OF MASSACHUSETTSCOUNTY OF WORCESTER )ss.On this 17ei day of February, 2016 before me came the above named Vice Presidents Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,tome pe known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and thatthe said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. DIANE J f'AWOIIaptTl� ZO: +1. [7Lvlc J. .Notary Pubfic'Dillm=Cxpi=Match 4,2022 .. I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance,Corrippand Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original 6tt6er;of� gmey issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in ford•and'sffect ?: GIVEN under my hand and the seals of said Companies,at Worcester, Massachusetts,this27,�H day'Of S.4 GUST;,. 2Q18 CERTIFIED COPY �,>• ,. 4` nt ao1.4'1 e ', • 'r� a �iIIfI, 4 4k\ Hanover Insurance Group. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener informacion o para someter complaint: una queja: You may call Hanover Insurance Usted puede Ilamar at numbero de Company's toll-free telephone number telefono gratis de Hanover Insurance for information or to make a complaint at: Company para informaclon or para someter una queja at: 1-800-608-8141 1-800-608-8141 You may also write: Hanover Insurance Company Usted tambien puede escribir: Premier Place Hanover Insurance Company Suite 850 Premier Place 5910 North Central Expressway Suite 850 Dallas,Texas 75206 5910 North Central Expressway Dallas,Texas 75206 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or Puede communicarse con el complaints at Departamento de Seguros de Texas para obtener informacion acerca de 1-800-252-3439 companias, coberturas, derechos o quejas at You may write the Texas Department of Insurance at: � .1-800-252-3439 P.O. Box 149104 Austin,TX 78714-9104 Puede escribir at Depadamento de FAX#(512)475-1771 Seguros de Texas Web:htto://www.tdi.state.tx.us P.O. Box 149104 Email: Austin,Texas 78714-9104 ConsumerProtection®tdi.state.tx.us FAX#(512)475-1771 Web: http://www.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Email: Should you have a dispute concerning ConsumerProtection@tdi.state.tx.us your premium or about a claim you DISPUTAS SOBRE PRIMAS 0 should contact the agent or the company first. If the dispute is not resolved, you RECLAMOS: Si tiene una disputa may contact the Texas Department of concemiente a su prima o a un reciamo, Insurance. debe comunicarse con el agente o la Compania pnmero. Si no se resuelve la ATTACH THIS!NOTICE TO YOUR disputa, Puede entonces comunicarse POLICY: This notice is for information con el departamento(TDI). only and does not become a part or condition of the attached document. UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y n se convierte en parte o condicion del documento adjunto. 221-4828 (7-07) I 78/27/2018 (MM/DD/YYYY) ° CERTIFICATE OF LIABILITY INSURANCE 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 NAME: Renee Terrell Higginbotham Insurance Agency, Inc. PHONE FAX dba Swantner&Gordon Insurance Agency, LLC vC No Ext: 361-561-4237 vc,Noy 361-844-0101 E-MPO Box 870 ADDRESS: rterrell@higginbotham.net 99�Inbotham.net @ Corpus Christi TX 78403-0870 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Columbia Mutual Insurance Company 40371 INSURED GRACE33 INSURER B: Columbia Natl Insurance Co. 19640 Grace Paving &Construction, Inc. 4237 Baldwin Blvd. INsuRERc:Texas Mutual Insurance Company 22945 Corpus Christi TX 78405-3324 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1219793738 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY CMPTX0000011720 7/12/2018 7/12/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT 1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CAPTX0000011720 7/12/2018 7/12/2019 COEaMBINED ccident SINGLE LIMIT $1,000,000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR CUPTX0000011720 7/12/2018 7/12/2019 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION 0002017498 7/12/2018 7/12/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYI ROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBEREXCLUEFN (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi TX 78401 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GRACE33 LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Grace Paving&Construction, Inc. 4237 Baldwin Blvd. POLICY NUMBER Corpus Christi TX 78405-3324 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (General Liability Premier Endorsement-Form CG-500 07/13-Form CG-501 05/15). General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (General Liability Premier Endorsement-Form CG-500 07/13 and General Liability Premier Supplement(Contractors)-Form CG-501 05/15). General Liability policy includes Primary&Non-Contributory-General Liability Premier Supplement(Contractors)-Form CG-501 05/15. Auto Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.(Business Auto Premier Endorsement-Form CA500 07/09). Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status.(Business Auto Premier Endorsement-Form CA500 07/09). Workers'Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Our Right to Recover From Others Endorsement-Form WC 42 03 04 B). Umbrella Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. (Texas Waiver of Transfer of Rights of Recovery Against Others to Us-Form CU 22 82 06/04). Umbrella Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. (Commercial Liability Umbrella Coverage Form-Form CU 00 01 04/13). The Workers'Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Notice of Material Change Endorsement-Form WC 42 06 01). The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Changes-Amended Cancellation provision or Coverage Change-Form CG 02 05 12/04). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.(Texas Cancellation Provision or Coverage Change Endorsement-Form CA-105TX 04/12). Project: 1812A IDIQ Minor Street Improvements Project(Part 2)Contract Renewal#2 (Ref E17042: 16250&E16251) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CG-500 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph (2) is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft by the following: (2) A watercraft you do not own that is: (a) 50 feet or less; and (b) Not being used to carry persons or property for a charge; Paragraph (4) is replaced under 2. Exclusions, j. Damage To Property by the following: (4) Personal property in the care, custody or control of the insured. However, coverage for personal property in the care, custody or control of the insured will be covered up to $10,000 per "occurrence" subject to a $1,000 per claim deductible. The aggregate limit for this coverage is $20,000. The following paragraph is added to 2. Exclusions, j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The most we will pay for water damage to the premises, however, is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III — Limits Of Insurance . The following is added to 2. Exclusions, n. Recall Of Products, Work Or Impaired Property This exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the following additional exclusions apply to "product recall expense": (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean-up resulting from asbestos or asbestos containing materials; (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; (9) "Bodily injury" or "property damage"; (10) Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name, trade secrets, or any other intellectual property right laws; or (11) "Product recall expenses" you incur for "your products" which are excluded from any other insurance written by this company. The most we will pay for "product recall expense" arising out of the same defect or deficiency is $25,000 per occurrence. CG-500 (7-13) Page 1 of 8 CG-500 (7-13) The last paragraph under 2. Exclusions is replaced by the following: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c., d., e., g., h., j., k., I., m., and n. do not apply to "property damage". A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance . SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B The following is revised: 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED Paragraph 3. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; d. "Product recall expense" does not apply to "product recall expenses" arising out of any withdrawal or recall that occurred before you acquired or formed any organization; and e. If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least 50 percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than 36 months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. CG-500 (7-13) Page 2 of 8 CG-500 (7-13) However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 5. Any person(s) or organization(s) (referred to below as vendor) but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG-500 (7-13) Page 3 of 8 CG-500 (7-13) With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 6. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG-500 (7-13) Page 4 of 8 CG-500 (7-13) A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 7. Any person(s) or organization(s) but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. SECTION III — LIMITS OF INSURANCE The following paragraphs are replaced by the following: 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and "product recall expense". 6. Subject to 5. above, the Damage To Premises Rented To You Limit of $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is $10,000. CG-500 (7-13) Page 5 of 8 CG-500 (7-13) Coverage is amended to include the following: Designated Location General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which can be attributed only to operations at a single designated "location": a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per "location". b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location". d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to operations at a single designated "location": a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location General Aggregate Limit. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location General Aggregate Limit, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. Designated Construction Project General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C SECTION 1), which can be attributed only to ongoing operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. CG-500 (7-13) Page 6 of 8 CG-500 (7-13) b. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expenses": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and (5) Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. CG-500 (7-13) Page 7 of 8 CG-500 (7-13) (6) Cooperate with us in the investigation or settlement of the claim. Coverage is amended to include the following: Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Transfer of Rights of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization 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, however, applies only when required to waive such right of recovery by written contract with that person or organization. Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits," do not apply until after the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. SECTION V — DEFINITIONS The following are added to SECTION V — DEFINITIONS: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means necessary and reasonable expenses for: a. Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; b. Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; c. Remuneration paid to your regular "employees" for necessary overtime; d. Hiring additional persons other than your regular "employees"; e. Expenses incurred by "employees" including transportation and accommodations; f. Expense to rent additional warehouse or storage space; g. Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product"; and h. Transportation expenses incurred to replace recalled products. CG-500 (7-13) Page 8 of 8 CG-501 (5-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER SUPPLEMENT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following supplemental coverages apply only to contractor classifications covered by this policy: SECTION II — WHO IS AN INSURED The following is added and supersedes any provision to the contrary: 4. Additional Insured — Owners, Lessees Or Contractors — Automatic Status For Other Parties When Required In Construction Agreement Who Is An Insured is amended to include as an additional insured: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and any other person or organization you are required to add as an additional insured under the contract or agreement described above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG-501 (5-15) Page 1 of 2 CG-501 (5-15) b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The following paragraph is added: 8. Additional Insured — Owners, Lessees Or Contractors — Completed Operations Who Is An Insured is amended to include as an additional insured: Any person or organization whom you have agreed in writing in a contract or agreement, prior to a loss, that such person or organization be added as an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for the additional insured and included in the "products-completed operations hazard". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance With respect to the insurance afforded to additional insureds: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG-501 (5-15) Page 2 of 2 CA-500 17-091 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. COVERED AUTOS SECTION I — COVERED AUTOS, Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. B. LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage, 1. Who Is An Insured is amended to include the following: d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. CA-500 (7-09) Page 1 of 7 CA-500 17-091 g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the locations(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section IL C. Limit of Insurance. For any covered "auto" you own, this Coverage Form provides primary coverage. SECTION II - LIABILITY COVERAGE in Paragraph A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended to replace the following: (2) We will pay up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) We will pay all reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day, because of time off from work. SECTION II - LIABILITY COVERAGE in Paragraph B. Exclusions, 6. Care, Custody Or Control is amended by adding the following: This Care, Custody Or Control exclusion does not apply to property not owned by any "insured", subject to the following: a. The most we will pay under this exception for any one "accident" is $1,000; and b. A deductible of $500 per "accident" applies to this exception. C. PHYSICAL DAMAGE COVERAGES SECTION III - PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: Paragraph 2. Towing under A. Coverage is replaced with: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled. (a) For private passenger type vehicles or "light trucks", we will pay up to $75 per disablement. "Light trucks" have a gross vehicle weight (GVW) of 10,000 CA-500 (7-09) Page 2 of 7 CA-500 17-091 pounds or less. (b) For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement. Paragraph 4. Coverage Extensions, a. Transportation Expenses under A. Coverage is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,500. All other terms and provisions of this section remain applicable. The following is added to 4. Coverage Extensions: C. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. CA-500 (7-09) Page 3 of 7 CA-500 17-091 (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". Personal Effects does not include tools, jewelry, guns, musical instruments, money or securities. f. Audio, Visual and Data Electronic Equipment Coverage We will pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in a covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the '"auto's" electrical system, in or upon the covered "auto". (1) We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage, with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusion applies: We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or (b) Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. (3) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: (a) The actual cash value of the damaged or stolen property as of the time of the "loss"; CA-500 (7-09) Page 4 of 7 CA-500 17-091 (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. Paragraph 3. under B. Exclusions is amended by adding the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. Paragraph C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease 1 loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Paragraph D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. D. CONDITIONS SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions Coverage is amended as follows: The following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: CA-500 f7-091 Page 5 of 7 CA-500 17-091 d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for- profit organization. The following language is added to 5. Transfer of Rights of Recovery Against Others to Us: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage". SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions Coverage is amended as follows; The following is added to 2. Concealment Misrepresentation or Fraud: Your unintentional error is disclosing or failing to disclose any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. Paragraph 5.b. of 5. Other Insurance is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any covered "auto" you lease, hire, rent or borrow; and (b) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or CA-500 f7-091 Page 6 of 7 CA-500 17-091 M cost of repair. minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. E. DEFINITIONS SECTION V — DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. The definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. CA-500 17-091 Page 7 of 7 COMMERCIAL LIABILITY UMBRELLA CU 00 0104 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" Payments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words 'We", "us" applicable "retained limit". If any other limit, and "our" refer to the company providing this such as a sublimit, is specified in the insurance. "underlying insurance", this insurance does not The word "insured"means any person or organization apply to "bodily injury" or "property damage" qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is Insured. specified in the Declarations under the Other words and phrases that appear in quotation Schedule of"underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage"only if: SECTION I —COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by "occurrence" that takes place DAMAGE LIABILITY in the"coverage territory'; (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the "occurrence" or claim, knew that the "bodily insured against any "suit"seeking damages for injury" or "property damage" had occurred, such "bodily injury" or "property damage"when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee" knew, prior to the coverage or the limits of underlying insurance policy period, that the "bodily injury" or have been exhausted. When we have no duty "property damage" occurred, then any to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy period. will have no duty to defend the insured against any "suit"seeking damages for"bodily injury"or d. "Bodily injury" or "property damage" which "property damage" to which this insurance occurs during the policy period and was not, does not apply. At our discretion, we may prior to the policy period, known to have investigate any "occurrence" that may involve occurred by any insured listed under this insurance and settle any resultant claim or Paragraph 1.a. of Section II — Who Is An "suit" for which we have the duty to defend. Insured or any"employee"authorized by you to But: give or receive notice of an "occurrence" or claim, includes any continuation, change or (1) The amount we will pay for the"ultimate net resumption of that "bodily injury" or "property loss" is limited as described in Section III — damage"after the end of the policy period. Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages Aor B. CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 1 of 18 INSURED COPY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any"employee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the"bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causing or contributing to the intoxication (2) Receives a written or verbal demand or of any person; claim for damages because of the "bodily 2 The furnishing of alcoholic beverages to a injury or property damage"; or ( ) g g (3) Becomes aware by any other means that person under the legal drinking age or "bodily injury" or "property damage" has under the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or alcoholic beverages. organization for care, loss of services or death This exclusion applies even if the claims resulting at any time from the"bodily injury". against any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected (b) Providing or failing to provide or intended from the standpoint of the insured. transportation with respect to any This exclusion does not apply to "bodily injury" person that may be under the influence resulting from the use of reasonable force to of alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that "Bodily injury" or "property damage" for which whichbis described in Paragraph (1), (2) or (3) the insured is obligated to pay damages by reason of the assumption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing, distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement; or permitting a person to bring alcoholic beverages on your premises, for consumption (2) Assumed in a contract or agreement that is on your premises, whether or not a fee is an "insured contract", provided the "bodily charged or a license is required for such injury" or "property damage" occurs activity, is not by itself considered the business subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an "insured contract", g reasonable attorneys' fees and necessary This exclusion does not apply to the extent that litigation expenses incurred by or fora valid "underlying insurance" for the liquor party other than an insured are deemed to liability risks described above exists or would be damages because of "bodily injury" or have existed but for the exhaustion of "property damage", provided: underlying limits for "bodily injury" and "property damage".To the extent this exclusion (a) Liability to such party for, or for the cost does not apply, the insurance provided under of, that party's defense has also been this Coverage Part for the liquor liability risks assumed in the same "insured contract'; described above will follow the same and provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY d. Workers'Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance"for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of law. underlying limits for "bodily injury". To the extent this exclusion does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the same provisions, 1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local statute. the applicable "underlying insurance", unless f. Auto Coverages otherwise directed by this insurance. (1) "Bodily injury"or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use "Bodily injury"to: of any "auto"which is not a "covered auto'; (1) A person arising out of any: or (a) Refusal to employ that person; (2) Any loss, cost or expense payable under or resulting from any first-party physical (b) Termination of that person's damage coverage; no-fault law; personal employment; or injury protection or auto medical payments (c) Employment-related practices, policies, coverage; or uninsured or underinsured acts or omissions, such as coercion, motorist law. demotion, evaluation, reassignment, g. Employer's Liability discipline, defamation, harassment, humiliation, discrimination or malicious "Bodily injury"to: prosecution directed at that person; or (1) An "employee" of the insured arising out of (2) The spouse, child, parent, brother or sister and in the course of: of that person as a consequence of "bodily (a) Employment by the insured; or injury" to that person at whom any of the (b) Performing duties related to the conduct employment-related practices described in of the insured's business; or Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister This exclusion applies whether the injury- of that "employee" as a consequence of causing event described in Paragraph (a), (b) Paragraph (1)above. or(c) above occurs before employment, during employment or after employment of that This exclusion applies whether the insured may person. be liable as an employer or in any other This exclusion applies whether the insured may capacity, and to any obligation to share damages with or repay someone else who must be liable as an employer or in any other pay damages because of the injury. capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an "insured contract". i. Pollution With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part injury" to domestic "employees" not entitled to but for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of pollutants at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 3 of 18 INSURED COPY This exclusion does not apply if valid (5) Aircraft that is: "underlying insurance"for the pollution liability (a) Chartered by, loaned to, or hired by you risks described above exists or would have with a paid crew; and existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". (b) Not owned by any insured. To the extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part "Bodily injury"or "property damage"arising out for the pollution risks described above will of the use of "mobile equipment" or "autos" in, follow the same provisions, exclusions and or while in practice for, or while being prepared limitations that are contained in the applicable for, any prearranged professional or organized underlying insurance , unless otherwise racing, speed, demolition, or stunting activity directed by this insurance. or contest. j. Aircraft Or Watercraft I. War "Bodily injury"or "property damage"arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others (3) Insurrection, rebellion, revolution, usurped by that insured, if the "occurrence" which power, or action taken by governmental caused the "bodily injury" or "property damage" authority in hindering or defending against involved the ownership, maintenance, use or any of these. entrustment to others of any aircraft or watercraft that is owned or operated by or m Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any insured damage to another's property; or contract"for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or watercraft; and arising out of the ownership, (4) The extent that valid "underlying insurance" maintenance or use of a"covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage"arises out of any part existed but for the exhaustion of underlying of those premises; limits for "bodily injury" or "property (3) Property loaned to you; damage". To the extent this exclusion does not apply,the insurance provided under this (4) Personal property in the care, custody or Coverage Part for the aircraft or watercraft control of the insured; risks described above will follow the same (5) That particular part of real property on provisions, exclusions and limitations that which you or any contractors or are contained in the"underlying insurance", subcontractors working directly or indirectly unless otherwise directed by this insurance; on your behalf are performing operations, if or the "property damage" arises out of those operations; or Page 4 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY (6) That particular part of any property that (3) "Impaired property'; must be restored, repaired or replaced if such product, work, or property is withdrawn because "your work" was incorrectly or recalled from the market or from use by any performed on it. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work"and were never dangerous condition in it. occupied, rented or held for rental by you. r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply to liability assumed advertising injury". under a sidetrack agreement. s. Professional Services Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written Trailer "Bodily injury" or "property damage" due to Interchange agreement. rendering of or failure to render any Paragraph (6) of this exclusion does not apply professional service. This includes but is notlimited to: to "property damage"included in the"products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare "Property damage"to"your product"arising out or approve, maps, shop drawings, opinions, reports, surveys, field orders, of it or any part of it. change orders or drawings or o. Damage To Your Work specifications; "Property damage"to "your work"arising out of (3) Inspection, supervision, quality control, it or any part of it and included in the architectural or engineering activities done "products-completed operations hazard". by or for you on a project on which you This exclusion does not apply if the damaged serve as construction manager; work or the work out of which the damage (4) Engineering services, including related arises was performed on your behalf by a supervisory or inspection services; subcontractor. (5) Medical, surgical, dental, X-ray or nursing p. Damage To Impaired Property Or Property Not services treatment, advice or instruction; Physically Injured (6) Any health or therapeutic service treatment, "Property damage" to "impaired property" or advice or instruction; property that has not been physically injured, (7) Any service,treatment, advice or instruction arising out of: for the purpose of appearance or skin (1) A defect, deficiency, inadequacy or enhancement, hair removal or replacement, dangerous condition in "your product" or or personal grooming or therapy; "your work"; or (8) Any service,treatment, advice or instruction (2) A delay or failure by you or anyone acting relating to physical fitness, including on your behalf to perform a contract or service, treatment, advice or instruction in agreement in accordance with its terms. connection with diet, cardiovascular fitness, This exclusion does not apply to the loss of bodybuilding or physical training programs; use of other property arising out of sudden (9) Optometry or optical or hearing aid services and accidental physical injury to "your product" including the prescribing, preparation, or "your work" after it has been put to its fitting, demonstration or distribution of intended use. ophthalmic lenses and similar products or q. Recall Of Products, Work Or Impaired Property hearing aid devices; Damages claimed for any loss, cost or expense (10) Body piercing services; incurred by you or others for the loss of use, (11) Services in the practice of pharmacy; withdrawal, recall, inspection, repair, (12) Law enforcement or firefighting services; replacement, adjustment, removal or disposal and of: (1) 'Your product'; (13) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. (2) 'Your work"; or CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 5 of 18 INSURED COPY This exclusion applies even if the claims COVERAGE B—PERSONAL AND ADVERTISING against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others We will a by that insured, if the occurrence a. pay Y on behalf of the insured the caused the "bodily injury"or"property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render limit" because of "personal and advertising any professional service. injury"to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury". to defend, we will have the right to defend, or to participate in the defense of, the insured As used in this exclusion, electronic data against any other "suit" seeking damages to means information, facts or programs stored as which this insurance may apply. However, we or on, created or used on, or transmitted to or will have no duty to defend the insured against from computer software, including systems and any "suit" seeking damages for "personal and applications software, hard or floppy disks, advertising injury"to which this insurance does CD-ROMs, tapes, drives, cells, data processing not apply.At our discretion, we may investigate devices or any other media which are used with any offense that may involve this insurance and electronically controlled equipment. settle any resultant claim or "suit"for which we This exclusion does not apply if valid have the duty to defend. But: "underlying insurance" for the electronic data (1) The amount we will pay for the"ultimate net risks described above exists or would have loss" is limited as described in Section III — existed but for the exhaustion of underlying Limits Of Insurance; and limits for "bodily injury" and "property damage". The insurance provided under this Coverage (2) Our right and duty to defend end when we Part will follow the same provisions, exclusions have used up the applicable limit of and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insurance", unless settlements under Coverages Aor B. otherwise directed by this insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit". If any other limit, (1) The Telephone Consumer Protection Act such as a sublimit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such law; apply to "personal and advertising injury" (2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law; specified in the Declarations under the (3) The Fair Credit Reporting Act (FCRA), and Schedule of"underlying insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury"caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory"during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 6 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would rights do not include the use of another's violate the rights of another and would advertising idea in your"advertisement". inflict"personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of Committed by an insured whose business its falsity. is: (3) Material Published Prior To Policy Period (a) Advertising, broadcasting, publishing or Arising out of oral or written publication, in telecasting; any manner, of material whose first (b) Designing or determining content of web publication took place before the beginning sites for others; or of the policy period. (c) An Internet search, access, content or (4) Criminal Acts service provider. Arising out of a criminal act committed by or However, this exclusion does not apply to at the direction of the insured. Paragraphs 14.a., b. and c. of"personal and (5) Contractual Liability advertising injury" under the Definitions For which the insured has assumed liability section. in a contract or agreement. This exclusion For the purposes of this exclusion, the does not apply to: placing of frames, borders or links, or (a) Liability for damages that the insured advertising, for you or others anywhere on would have in the absence of the the Internet, is not by itself, considered the contract or agreement. business of advertising, broadcasting, publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or agreement. Arising out of an electronic chatroom or (6) Breach Of Contract bulletin board the insured hosts, owns, or over which the insured exercises control. Arising out of a breach of contract, except (12) Unauthorized Use Of Another's Name Or an implied contract to use another's advertising idea in your"advertisement". Product (7) Quality Or Performance Of Goods—Failure Arising out of the unauthorized use of To Conform To Statements another's name or product in your e-mail address, domain name or metatag, or any Arising out of the failure of goods, products other similar tactics to mislead another's or services to conform with any statement potential customers. of quality or performance made in your (13) Pollution "advertisement". (8) Wrong Description Of Prices Arising out of the actual, alleged or threatened discharge, dispersal, seepage, Arising out of the wrong description of the migration, release or escape of "pollutants" price of goods, products or services stated at any time. in your"advertisement". CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 7 of 18 INSURED COPY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skin enhancement, hair (ii) Termination of that person's removal or replacement, or personal employment; or grooming or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optometry or optical or hearing aid or services including the prescribing, (b) The spouse, child, parent, brother or preparation, fitting, demonstration or sister of that person as a consequence distribution of ophthalmic lenses and of "personal and advertising injury" to similar products or hearing aid devices; that person at whom any of the (j) Body piercing services; employment-related practices described in Paragraph (i), (ii) or (iii) above is (k) Services in the practice of pharmacy; directed. (1) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (i), (m) Handling, embalming, disposal, burial, (ii) or (iii) above occurs before employment, cremation or disinterment of dead during employment or after employment of bodies. that person. This exclusion applies even if the claims This exclusion applies whether the insured against any insured allege negligence or may be liable as an employer or in any other other wrongdoing in the supervision, hiring, capacity, and to any obligation to share employment, training or monitoring of damages with or repay someone else who others by that insured, if the offense which must pay damages because of the injury. caused the "personal and advertising (15) Professional Services injury", involved the rendering of or failure to render any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This includes but is not limited to: However caused, arising, directly or (a) Legal, accounting or advertising indirectly, out of: services; (a) War, including undeclared or civil war; (b) Preparing, approving, or failing to (b) Warlike action by a military force, prepare or approve, maps, shop including action in hindering or drawings, opinions, reports, surveys, defending against an actual or expected field orders, change orders or drawings attack, by any government,sovereign or or specifications; other authority using military personnel (c) Inspection, supervision, quality control, or other agents; or architectural or engineering activities (c) Insurrection, rebellion, revolution, done by or for you on a project on usurped power, or action taken by which you serve as construction governmental authority in hindering or manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, Xray or nursing services treatment, advice or instruction; Page 8 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any we make an offer to pay the applicable limit of action or omission that violates or is alleged insurance, we will not pay any prejudgment to violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or g• All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and Accurate Credit Transactions Act the insured and elect to participate in the defense, (FACTA); or we will pay our own expenses but will not contribute to the expenses of the insured or the (d) Any federal, state or local statute, "underlying insurer". ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA 3. If we defend an insured against a "suit" and an d additions, indemnitee of the insured is also named as a party and their amendments anlimits the to the "suit", we will defend that indemnitee if all of that addresses, prohibits, d printing, dissemination, disposal, the following conditions are met: collecting, recording, sending, a. The "suit" against the indemnitee seeks transmitting, communicating or damages for which the insured has assumed distribution of material or information. the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an "insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A b. This insurance applies to such liability assumed AND B by the insured; 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the investigate or settle, or any "suit" against an defense of, that indemnitee, has also been insured we defend, when the duty to defend assumed by the insured in the same "insured exists: contract'; a. All expenses we incur. d. The allegations in the "suit"and the information we know about the "occurrence"are such that b. Up to $2,000 for cost of bail bonds (including no conflict appears to exist between the bonds for related traffic law violations) required interests of the insured and the interests of the because of an "occurrence" we cover. We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to c. The cost of bonds to release attachments, but conduct and control the defense of that only for bond amounts within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to furnish we can assign the same counsel to defend the these bonds. insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or "suit", (1) Agrees in writing to: including actual loss of earnings up to $250 a (a) Cooperate with us in the investigation, day because of time off from work. settlement or defense of the"suit"; e. All court costs taxed against the insured in the (b) Immediately send us copies of any "suit". However, these payments do not include demands, notices, summonses or legal attorneys' fees or attorneys' expenses taxed papers received in connection with the against the insured. "suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 9 of 18 INSURED COPY (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the"suit'; and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other than either your "executive officers"(if you indemnitee in such "suit". are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by incurred by the indemnitee at our request will be you or while performing duties related to paid as Supplementary Payments. Notwithstanding the conduct of your business. However, the provisions of Paragraph 2.b.(2) of Section I — none of these "employees" or "volunteer Coverage A — Bodily Injury And Property Damage workers"are insureds for: Liability, such payments will not be deemed to be damages for"bodily injury"and "property damage" (a) Bodily injury or personal and and will not reduce the limits of insurance. advertising injury Our obligation to defend an insured's indemnitee (i) To you, to your partners or members (if you are a partnership or joint and to pay for attorneys' fees and necessary venture), to your members (if you are litigation expenses as Supplementary Payments ends when we have used up the applicable limit of a limited liability company), to a co- insurance in the payment of judgments or "employee"in the course of his or her settlements or the conditions set forth above, or employment or performing duties the terms of the agreement described in Paragraph related to the conduct of your f. above, are no longer met. business or to your other "volunteer workers" while performing duties SECTION II —WHO IS AN INSURED related to the conduct of your 1. Except for liability arising out of the ownership, business; maintenance or use of"covered autos": (ii) To the spouse, child, parent, brother a. If you are designated in the Declarations as: or sister of that co-"employee" or (1) An individual, you and your spouse are "volunteer worker"as a consequence insureds, but only with respect to the of Paragraph (a)(i)above; or conduct of a business of which you are the (iii) For which there is any obligation to sole owner. share damages with or repay someone else who must pay (2) A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners, and described in Paragraph (a)(i) or (ii) their spouses are also insureds, but only above. with respect to the conduct of your (b) "Property damage"to property: business. (3) A limited liability company, you are an (i) Owned, occupied or used by; insured. Your members are also insureds, (ii) Rented to, in the care, custody or but only with respect to the conduct of your control of, or over which physical business. Your managers are insureds, but control is being exercised for any only with respect to their duties as your purpose by; managers. you, any of your"employees", "volunteer (4) An organization other than a partnership, workers", any partner or member (if you joint venture or limited liability company, are a partnership or joint venture), or you are an insured. Your "executive any member (if you are a limited liability officers" and directors are insureds, but company). only with respect to their duties as your (2) Any person (other than your "employee" or officers or directors. Your stockholders are "volunteer worker'), or any organization also insureds, but only with respect to their while acting as your real estate manager. liability as stockholders. Page 10 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any maintenance or use of that property; and of their "employees", while moving property (b) Until your legal representative has been to or from a"covered auto". appointed. (5) A partner (if you are a partnership), or a (4) Your legal representative if you die, but only member (if you are a limited liability with respect to duties as such. That company) for a "covered auto" owned by representative will have all your rights and him or her or a member of his or her duties under this Coverage Part. household. c. Any organization you newly acquire or form, (6) "Employees" with respect to "bodily injury" other than a partnership, joint venture or to: limited liability company, and over which you (a) Any fellow "employee" of the insured maintain ownership or majority interest, will arising out of and in the course of the qualify as a Named Insured if there is no other fellow "employee's" employment or while similar insurance available to that organization. performing duties related to the conduct However: of your business; or (1) Coverage under this provision is afforded (b) The spouse, child, parent, brother or only until the 90th day after you acquire or sister of that fellow "employee" as a form the organization or the end of the consequence of Paragraph (a) above. policy period,whichever is earlier; c. Anyone liable for the conduct of an insured (2) Coverage Adoes not apply to"bodily injury" described above is also an insured, but only to or "property damage" that occurred before the extent of that liability. you acquired or formed the organization; 3. Any additional insured under any policy of and "underlying insurance" will automatically be an (3) Coverage B does not apply to "personal insured under this insurance. and advertising injury" arising out of an Subject to Section III — Limits Of Insurance, if offense committed before you acquired or coverage provided to the additional insured is formed the organization. required by a contract or agreement, the most we 2. Only with respect to liability arising out of the will pay on behalf of the additional insured is the ownership, maintenance or use of"covered autos": amount of insurance: a. You are an insured. a. Required by the contract or agreement, less b. Anyone else while using with your permission a any amounts payable by any "underlying "covered auto"you own, hire or borrow is also insurance ; or an insured except: b. Available under the applicable Limits of (1) The owner or anyone else from whom you Insurance shown in the Declarations; hire or borrow a "covered auto". This whichever is less. exception does not apply if the "covered Additional insured coverage provided by this auto" is a trailer or semitrailer connected to insurance will not be broader than coverage a"covered auto"you own. provided by the"underlying insurance". (2) Your "employee" if the "covered auto" is No person or organization is an insured with respect owned by that "employee" or a member of to the conduct of any current or past partnership,joint his or her household. venture or limited liability company that is not shown (3) Someone using a"covered auto"while he or as a Named Insured in the Declarations. she is working in a business of selling, servicing, repairing, parking or storing "autos"unless that business is yours. CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 11 of 18 INSURED COPY SECTION III —LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to regardless of the number of: appeal ajudgment in excess of the"retained limit", a. Insureds; we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment b. Claims made, "suits" brought, or number of interest and disbursements associated with such vehicles involved; or appeal. In no event will this provision increase our c. Persons or organizations making claims or liability beyond the applicable Limits of Insurance bringing "suits". described in Section III —Limits Of Insurance. 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all "ultimate net loss"under: a. Bankruptcy Of Insured a. Coverage A, except"ultimate net loss"because Bankruptcy or insolvency of the insured or of of "bodily injury" or "property damage" arising the insured's estate will not relieve us of our out of the ownership, maintenance or use of a obligations under this Coverage Part. "covered auto"; and b. Bankruptcy Of Underlying Insurer b. Coverage B. Bankruptcy or insolvency of the "underlying 3. Subject to Paragraph 2. above, the Each insurer" will not relieve us of our obligations Occurrence Limit is the most we will pay for the under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property However, this insurance will not replace the damage"arising out of any one"occurrence". "underlying insurance" in the event of bankruptcy or insolvency of the "underlying insurer". This 4. Subject to Paragraph 2. above, the Personal And insurance will apply as if the "underlying Advertising Injury Limit is the most we will pay insurance"were in full effect. under Coverage B for the sum of all "ultimate net 3 loss" because of all "personal and advertising . Duties In The Event Of Occurrence, Offense, injury" sustained by any one person or Claim Or Suit organization. a. You must see to it that we are notified as soon 5. If there is "underlying insurance" with a policy as practicable of an "occurrence"or an offense, period that is nonconcurrent with the policy period regardless of the amount, which may result in a of this Commercial Liability Umbrella Coverage claim. To the extent possible, notice should Part, the "retained limit(s)"will only be reduced or include: exhausted by payments for: (1) How, when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense took place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or persons and witnesses; and b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or that are committed during the policy period of damage arising out of the "occurrence" or this Coverage Part. offense. However, if any "underlying insurance" is written b. If a claim is made or "suit" is brought against on a claims-made basis, the "retained limit(s)"will any insured, you must: only be reduced or exhausted by claims for that (1) Immediately record the specifics of the claim insurance that are made during the policy period, or"suit"and the date received; and or any Extended Reporting Period, of this Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive annual notice of the claim or "suit" as soon as period and to any remaining period of less than 12 practicable. months, starting with the beginning of the policy c. You and any other involved insured must: period shown in the Declarations, unless the policy (1) Immediately send us copies of any period is extended after issuance for an additional demands, notices, summonses or legal period of less than 12 months. In that case, the papers received in connection with the additional period will be deemed part of the last claim or"suit'; preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY (2) Authorize us to obtain records and other (2) The total of all deductible and self-insured information; amounts under all that other insurance. (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for this Coverage the"suit"; and Part in accordance with our rules and rates. (4) Assist us, upon our request, in the b. Premium shown in this Coverage Part as enforcement of any right against any advance premium is a deposit premium only. At person or organization which may be liable the close of each audit period we will compute to the insured because of injury or damage the earned premium for that period and send to which this insurance may also apply. notice to the first Named Insured. The due date d. No insured will, except at that insured's own for audit and retrospective premiums is the cost, voluntarily make a payment, assume any date shown as the due date on the bill. If the obligation, or incur any expense, other than for sum of the advance and audit premiums paid first aid, without our consent. for the policy period is greater than the earned 4. Legal Action Against Us premium, we will return the excess to the first Named Insured. No person or organization has a right under this Coverage Part: c. The first Named Insured must keep records of the information we need for premium a. To join us as a party or otherwise bring us into computation, and send us copies at such times a"suit"asking for damages from an insured; or as we may request. b. To sue us on this Coverage Part unless all of 7. Representations Or Fraud its terms have been fully complied with. By accepting this policy, you agree: A person or organization may sue us to recover on an agreed settlement or on a final judgment a. The statements in the Declarations are accurate against an insured; but we will not be liable for and complete; damages that are not payable under the terms of b. Those statements are based upon this Coverage Part or that are in excess of the representations you made to us; applicable limit of insurance. An agreed settlement c. We have issued this policy in reliance upon means a settlement and release of liability signed your representations; and by us, the insured and the claimant or the claimant's legal representative. d. This policy is void in any case of fraud by you 5. Other Insurance as it relates to this policy or any claim under this policy. a. This insurance is excess over, and shall not 8. Separation Of Insureds contribute with any of the other insurance, whether primary, excess, contingent or on any Except with respect to the Limits of Insurance, and other basis. This condition will not apply to any rights or duties specifically assigned in this insurance specifically written as excess over Coverage Part to the first Named Insured, this this Coverage Part. insurance applies: When this insurance is excess, we will have no a. As if each Named Insured were the only Named duty under Coverages A or B to defend the Insured; and insured against any "suit" if any other insurer b. Separately to each insured against whom claim has a duty to defend the insured against that is made or"suit"is brought. "suit". If no other insurer defends, we will g, Transfer Of Rights Of Recovery Against Others To undertake to do so, but we will be entitled to Us the insured's rights against all those other insurers. If the insured has rights to recover all or part of b. When this insurance is excess over other any payment we have made under this Coverage insurance, we will pay only our share of the Part, those rights are transferred to us. The "ultimate net loss"that exceeds the sum of: insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or (1) The total amount that all such other transfer those rights to us and help us enforce insurance would pay for the loss in the them. absence of the insurance provided under this Coverage Part; and CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 13 of 18 INSURED COPY 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage will mail or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we expiration date. are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice. defense of the "suit". We will reimburse the insured, under Supplementary Payments, for 11.Loss Payable any reasonable and necessary expenses Liability under this Coverage Part does not apply incurred for the defense of a "suit" seeking to a given claim unless and until: damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the "retained exercise our right and duty to defend. limit"; and If the insured becomes legally obligated to pay b. The obligation of the insured to pay the sums because of damages to which this "ultimate net loss" in excess of the "retained insurance applies in a part of the coverage limit" has been determined by a final settlement territory" that is outside the United States of or judgment or written agreement among the America (including its territories and insured, claimant and us. possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from 12.Transfer Of Defense paying such sums on the insured's behalf, we When the underlying limits of insurance have been will reimburse the insured for such sums. used up in the payment of judgments or b. All payments or reimbursements we make for settlements, the duty to defend will be transferred damages because of judgments or settlements to us. We will cooperate in the transfer of control will be made in U.S. currency at the prevailing to us of any outstanding claims or "suits"seeking exchange rate at the time the insured became damages to which this insurance applies which legally obligated to pay such sums. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up. be made in U.S. currency at the prevailing 13. Maintenance Of/Changes To Underlying exchange rate at the time the expenses were Insurance incurred. Any "underlying insurance" must be maintained in c. Any disputes between you and us as to full effect without reduction of coverage or limits whether there is coverage under this policy except for the reduction of the aggregate limit in must be filed in the courts of the United States accordance with the provisions of such of America (including its territories and "underlying insurance" that results from payment possessions), Canada or Puerto Rico. of claims, settlement or judgments to which this d. The insured must fully maintain any coverage insurance applies. required by law, regulation or other Such exhaustion or reduction is not a failure to governmental authority during the policy maintain "underlying insurance". Failure to maintain period, except for reduction of the aggregate "underlying insurance"will not invalidate insurance limits due to payments of claims, judgments or provided under this Coverage Part, but insurance settlements. provided under this Coverage Part will apply as if Failure to maintain such coverage required by the"underlying insurance"were in full effect. law, regulation or other governmental authority If there is an increase in the scope of coverage of will not invalidate this insurance. However, this any "underlying insurance" during the term of this insurance will apply as if the required coverage policy, our liability will be no more than it would by law, regulation or other governmental have been if there had been no such increase. authority was in full effect. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any"underlying insurance"is changed. Page 14 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY SECTION V—DEFINITIONS if such property can be restored to use by the 1. "Advertisement" means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific "your product"or "your work", or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting customers or 9. "Insured contract"means: supporters. For the purposes of this definition: a. A contract for a lease of premises. However, a. Notices that are published include material that portion of the contract for a lease of placed on the Internet or on similar electronic premises that indemnifies any person or means of communication; and organization for damage by fire to premises b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the owner is not an services for the purposes of attracting "insured contract"; customers or supporters is considered an b. A sidetrack agreement; advertisement. c. Any easement or license agreement, except in 2. "Auto"means: connection with construction or demolition a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or indemnify a municipality, except in connection b. Any other land vehicle that is subject to a with work for a municipality; compulsory or financial responsibility law or e. An elevator maintenance agreement; other motor vehicle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged. into, as part of your business, pertaining to the However, "auto" does not include "mobile rental or lease, by you or any of your equipment". "employees", of any "auto". However, such 3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered sickness or disease sustained by a person, an "insured contract" to the extent that it including death resulting from any of these at any obligates you or any of your "employees" to time. "Bodily injury" includes mental anguish or pay for "property damage"to any "auto" rented other mental injury resulting from"bodily injury". or leased by you or any of your"employees". 4. "Coverage territory"means anywhere in the world g• That part of any other contract or agreement with the exception of any country or jurisdiction pertaining to your business (including an which is subject to trade or other economic indemnification of a municipality in connection sanction or embargo by the United States of with work performed for a municipality) under which you assume the tort liability of another America. party to pay for "bodily injury" or "property 5. "Covered auto" means only those "autos"to which damage"to a third person or organization. Tort "underlying insurance"applies. liability means a liability that would be imposed 6. "Employee" includes a "leased worker". "Employee" by law in the absence of any contract or does not include a'temporary worker". agreement. 7. "Executive officer" means a person holding any of Paragraphs f. and g. do not include that part of the officer positions created by your charter, any contract or agreement: constitution, bylaws or any other similar governing (1) That indemnifies a railroad for"bodily injury" document. or "property damage" arising out of 8. "Impaired property"means tangible property, other construction or demolition operations, than "your product"or "your work", that cannot be within 50 feet of any railroad property and used or is less useful because: affecting any railroad bridge or trestle, a. It incorporates "your product" or "your work" tracks, road-beds, tunnel, underpass or that is known or thought to be defective, crossing; deficient, inadequate or dangerous; or (2) That pertains to the loan, lease or rental of b. You have failed to fulfill the terms of a contract an "auto" to you or any of your or agreement; "employees", if the "auto" is loaned, leased or rented with a driver; or CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 15 of 18 INSURED COPY (3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above maintained primarily for purposes property by "auto"for hire harmless for your other than the transportation of persons or use of a "covered auto" over a route or cargo. territory that person or organization is However, self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firm under an agreement between be considered "autos": you and the labor leasing firm, to perform duties (1) Equipment designed primarily for: related to the conduct of your business. Leased worker"does not include a"temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road maintenance, but not construction property: or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted watercraft or"auto"; on automobile or truck chassis and used to b. While it is in or on an aircraft, watercraft or raise or lower workers; and "auto"; or (3) Air compressors, pumps and generators, c. While it is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the place where it is cleaning, geophysical exploration, lighting finally delivered; and well servicing equipment. but "loading or unloading" does not include the However, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is not or financial responsibility law or other motor attached to the aircraft,watercraft or"auto". vehicle insurance law where it is licensed or 12."Mobile equipment" means any of the following principally garaged. Land vehicles subject to a types of land vehicles, including any attached compulsory or financial responsibility law or other motor vehicle insurance law are machinery or equipment: considered "autos". a. Bulldozers, farm machinery, forklifts and other 13."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the same general harmful conditions. b. Vehicles maintained for use solely on or next to 14."Personal and advertising injury" means injury, premises you own or rent; including consequential "bodily injury", arising out c. Vehicles that travel on crawler treads; of one or more of the following offenses: d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosecution; permanently mounted: c. The wrongful eviction from, wrongful entry (1) Power cranes, shovels, loaders, diggers or into, or invasion of the right of private drills; or occupancy of a room, dwelling or premises that (2) Road construction or resurfacing a person occupies, committed by or on behalf equipment such as graders, scrapers or of its owner, landlord or lessor; rollers; d. Oral or written publication, in any manner, of e. Vehicles not described in Paragraph a., b., c. material that slanders or libels a person or or d. above that are not self-propelled and are organization or disparages a person's or maintained primarily to provide mobility to organization's goods, products or services; permanently attached equipment of the e. Oral or written publication, in any manner, of following types: material that violates a person's right of (1) Air compressors, pumps and generators, privacy; including spraying, welding, building f. The use of another's advertising idea in your cleaning, geophysical exploration, lighting "advertisement'; or and well servicing equipment; or g. Infringing upon another's copyright,trade dress (2) Cherry pickers and similar devices used to or slogan in your"advertisement". raise or lower workers; Page 16 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and materials. waste. Waste includes materials to be recycled, 18."Property damage"means: reconditioned or reclaimed. a. Physical injury to tangible property, including 16. Pollution cost or expense means any loss, cost all resulting loss of use of that property. All or expense arising out of any: such loss of use shall be deemed to occur at a. Request, demand, order or statutory or the time of the physical injury that caused it; or regulatory requirement that any insured or b. Loss of use of tangible property that is not others test for, monitor, clean up, remove, physically injured. All such loss of use shall be contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the"occurrence" way respond to, or assess the effects of, that caused it. "pollutants"; or With respect to the ownership, maintenance or use b. Claim or suit by or on behalf of a governmental of "covered autos", property damage also includes authority for damages because of testing for, "pollution cost or expense", but only to the extent monitoring, cleaning up, removing, containing, that coverage exists under the "underlying treating, detoxifying or neutralizing, or in any insurance" or would have existed but for the way responding to, or assessing the effects of, exhaustion of the underlying limits. "pollutants". For the purposes of this insurance, with respect to 17."Products-completed operations hazard": other than the ownership, maintenance or use of a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible damage" occurring away from premises you property. own or rent and arising out of "your product" As used in this definition, electronic data means or "your work"except: information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession; or computer software (including systems and (2) Work that has not yet been completed or applications software), hard or floppy disks, CD- abandoned. However, "your work" will be ROMs, tapes, drives, cells, data processing deemed completed at the earliest of the devices or any other media which are used with following times: electronically controlled equipment. (a) When all of the work called for in your 19.'Retained limit" means the available limits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "self-insured retention", (b) When all of the work to be done at the whichever applies. job site has been completed if your 20."Self-insured retention" means the dollar amount contract calls for work at more than one job site. listed in the Declarations that will be paid by the insured before this insurance becomes applicable (c) When that part of the work done at a job only with respect to "occurrences" or offenses not site has been put to its intended use by covered by the "underlying insurance". The "self- any person or organization other than insured retention"does not apply to "occurrences" another contractor or subcontractor or offenses which would have been covered by working on the same project. "underlying insurance" but for the exhaustion of Work that may need service, maintenance, applicable limits. correction, repair or replacement, but which 21."Suit" means a civil proceeding in which damages is otherwise complete, will be treated as because of "bodily injury", "property damage" or completed. "personal and advertising injury" to which this b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit"includes: damage"arising out of: a. An arbitration proceeding in which such (1) The transportation of property, unless the damages are claimed and to which the insured injury or damage arises out of a condition in must submit or does submit with our consent; or on a vehicle not owned or operated by or you, and that condition was created by the "loading or unloading"of that vehicle by any insured; or CU 00 0104 13 ©Insurance Services Office, Inc., 2012 Page 17 of 18 INSURED COPY b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent or the underlying insurer's consent. durability, performance or use of "your 22.7emporary worker" means a person who is product'; and furnished to you to substitute for a permanent (2) The providing of or failure to provide "employee"on leave or to meet seasonal or short- warnings or instructions. term workload conditions. 23."Ultimate net loss" means the total sum, after c. Does not include vending machines or other reduction for recoveries or salvages collectible, property rented to or located for the use ofothers but not sold. that the insured becomes legally obligated to pay as damages by reason of settlement or judgments 28."Your work": or any arbitration or other alternate dispute a. Means: method entered into with our consent or the (1) Work or operations performed by you or on underlying insurer's consent. your behalf; and 24."Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in insurance listed in the Declarations under the connection with such work or operations. Schedule of underlying insurance. 25."Underlying insurer" means any insurer who b. Includes: provides any policy of insurance listed in the (1) Warranties or representations made at any Schedule of"underlying insurance". time with respect to the fitness, quality, 26."Volunteer worker" means a person who is not durability, performance or use of "your your "employee", and who donates his or her work work"; and and acts at the direction of and within the scope of (2) The providing of or failure to provide duties determined by you, and is not paid a fee, warnings or instructions. salary or other compensation by you or anyone else for their work performed for you. 27."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 18 of 18 ©Insurance Services Office, Inc., 2012 CU 00 0104 13 INSURED COPY POLICY NUMBER:CUPTX0000011720 COMMERCIAL LIABILITY UMBRELLA CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAI NST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: BLANKET — ANY PERSON OR ORGANIZATION TO WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO WAIVE RIGHTS OF RECOVERY IF THE CONTRACT OR AGREEMENT IS EXECUTED PRIOR TO LOSS . 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 under Section IV—Conditions is amended by the addition of the following: 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 "bodily injury" or "property 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 op- erations hazard". This waiver applies only to the person or organization shown in the Schedule above. CU 22 82 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 ❑ INSURED COPY Tex,qsmutu 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 7/12/18 at 12:01 a.m.standard time,forms a part of: Policy no. 0002017498 of Texas Mutual Insurance Company effective on 7/12/18 Issued to: GRACE PAVING&CONSTRUCTION INC This is not a bill Authorized representative NCCI Carrier Code: 29939 7/10/18 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B POLICY NUMBER: CMPTX0000011720 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READITCAREFULLY. TEXAS CHANGES AMENDMENT F CANCELLATION PROVISIONSR COVERAGE CHNGE This endorsement modifies;insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART' OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Cov- erage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Marne: City of Corpus Christi Engineering Services 2. Address: P4 Box 9277 Corpus Christi, TX 78469-9277 3. Number csf-days advance notice Information required to complete this Schedule, if not shown above.will be shown in the Declarations. CG 02 05 12 04 Copyright, ISO Properties, Inc., 2003 Page 1 of I UNIFORM POLICY NUMBER: CAPTX0000011720 CA-105TX (4-12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is in- dicated below. Endorsement Effective: Countersigned Gkr 07112118 Named Insured: ' Grace Paving & Construction Inc. 43W44PIQ_nu rized Representative) SCHEDULE Number of Days'Notice 30 Name Of Person Or Organization City of Corpus Christi Engineering Services Address pp Box 9277 Christi, TX 78469-9277 If this policy is canceled or materially changed to reduce or restrict coverage,we will mail notice of cancel- lation or change to the person or organization named in the Schedule. We will give the number of day's no- tice indicated in the Schedule. CA_105TX (4-12) Includes copyrighted material of Insurance Page 1 of 1 Services Office, Inc., with its permission Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent 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: CITY OF CORPUS CHRISTI Attn: NTRACTOR ADMINISTRATOR PO BOX 9277 CORPUS CHRISTI, TX 78469-9277 US 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 7/12118 at 12:01 a.m.standard time,forms a part of: Policy no.0002017498 of Texas Mutual Insurance Company effective on 7112118 Endorsement no. 1 Issued to: GRACE PAVING&CONSTRUCTION INC &L-P, Premium change: $0.00 This is not a bill Authorized representative NCC)Carrier Code: 29939 7119118 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 06 01