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13-R-95 - San Antonio Constructors-Northcliffe SubdivisionRESOLUTION NO. 13 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH SAN ANTONIO CONSTRUCTORS, LTD. RELATING TO THE NORTHCLIFFE, SUBDIVISION WATERLINE UPGRADE AND RELOCATION PROJECT AND AUTHORIZING THE BUDGET EXPENDITURES FOR THE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City") has recommended that the City accept the bid proposal from San Antonio Constructors, Ltd. relating to the Northcliffe Subdivision Waterline Upgrade and Relocation Project and approve the project expenditures; and WHEREAS, City staff has received qualifications indicating that San Antonio Constructors, Ltd. is qualified to provide such services for the City; and WHEREAS, the project will be funded from the FY 2013 -14 Budget for the Waterline Upgrade and Relocation Project in the Northcliffe Subdivision as outlined in Exhibit "A ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a contract relating to the Northcliffe Subdivision Waterline Upgrade and Relocation Project with San Antonio Constructors, Ltd. in an amount of $623,526.75 with a not to exceed amount of $685,879.00, utilizing the form of contract set forth on Exhibit "A" attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of November, 2013. CITY OF SCHERTZ, TEXAS �A Michael R. Carpenter, Mayor ATTEST: a "a, Q., Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - �o ®l_ CITY OF SCEIERTZ INVITATION TO BID The City of Schertz (the "City") is accepting sealed bids for the construction of "NORTHCLIFFE SUBDIVISION WATER LINE RELOCATION ", #13- ENG-38 -C -02: Sealed bids should be received by the Purchasing Director of the City located at 10 Commercial Place, Building #1, Schertz, Texas 78154 by 10:00 a.m. (CST) on October 24, 2013 via hand delivery. * *No fax or E-mail bids will be accepted. Sealed Bids will then be opened and read aloud in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Sealed Bids must be submitted with one (1) original and four (4) copies and be clearly marked in a sealed envelope as "NORTHCLIFFE SUBDIVISION WATER LINE RELOCATION #I3- ENG- 38 -C-02 ". Bids submitted after the aforementioned date and time will not be accepted. Interested vendors /contractors may attend a Pre -Bid meeting on October 1, 2013 at 10:00 AM (CST) in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Contractors must obtain copies of the contract documents, plans, and specifications from FORD ENGINEERING, INC, located at 10927 Wye Drive Suite 104, San Antonio, Texas 78217. A non - refundable fee of $50 (Fifty dollars) is required to obtain a copy of the plans. ONLY CHECKS ACCEPTED. Questions in reference to Bid procedures may be directed to the Purchasing Department, 210- 619 -1160, or questions in reference to the Project may be directed to Richard Hendrix, Ford Engineering, Inc., at 210 -590 -4777. All documents, including Addendums to this project, will be placed on the City's website at www.scbertz.com/PurchasinR. The City reserves the right to reject any or all bids and to select the bid deemed in the best interest of the City from among those received. CONTRACT DOCUMENTS TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS: PAGE Table of Contents TC -1 Invitation to Bid IV- 1 Instructions to Bidders ITB - I Bid Proposal P-1 Contract CA- 1 Performance Bond PB - 1 Payment Bond PyB -1 General Conditions of the Contract GC— I Special Conditions to the Technical Specifications SC - 1 50616411.3 TC - 1 Table of Contents The City of Schertz Standard Specifications and Technical Specifications for construction dated March 2011 or latest edition applicable to this project are to be utilized. These specifications are available from the City of Schertz Public Works Department or from the City of Schertz Web Site. TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01110 Summary of Work INCLUDED HEREIN 01145 Use of Premises 01255 Change Order Procedures 01270 Measurement and Payment 01292 Schedule of Values 01312 Coordination and Meetings 01321 Construction Photographs 01325 Construction Schedule 01326 Construction Schedule (Bar Chart) 01330 Submittal Procedures 01340 Shop Drawings, Product Data, and Samples 01410 TPDES Requirements (with Attachments) 01422 Reference Standards 01450 Contractor's Quality Control 01452 Inspection Services 01454 Testing Laboratory Services 01502 Mobilization 01504 Temporary Facilities and Controls 01506 Diversion Pumping 01520 Temporary Field Office 01555 Traffic Control and Regulation 01562 Tree and Plant Protection 01570 Storm Water Pollution Control 01575 Stabilized Construction Exit 01576 Waste Material Disposal 01578 Control of Ground Water 50616411.3 TC - 2 Table of Contents 01580 Project Identification Signs 01581 Excavation in Public Way Permit Signs 01610 Basic Product Requirements 01630 Product Substitution Procedures 01725 Field Surveying 01731 Cutting and Patching 01732 Procedures for Water Valve Assistance (with Attachments) 01740 Site Restoration 01755 Starting Systems 01770 Closeout Procedures 01782 Operation and Maintenance Data 01785 Project Record Documents DIVISION 2 SITEWORK 02084 Frames, Grates, Rings, and Covers 02085 Valve Boxes, Meter Boxes, and Meter Valves 02086 Adjusting Manholes, Inlets, and Valve Boxes to Grade 02221 Removing Existing Pavements and Structures 02233 Clearing and Grubbing 2260 Trench Safety System 02315 Roadway Excavation 02316 Excavation and Bacldill for Structures 02317 Excavation and Backfill for Utilities 02319 Borrow 02320 Utility Backfiill Materials 02321 Cement Stabilized Sand 02330 Embankment 02447 Auguring Pipe and Conduit 02501 Ductile Iron Pipe and Fittings 02502 Steel Pipe and Fittings 02503 Copper Tubing 02505 High Density Polyethylene (HDPE) Solid and Profile Wall Pipe 50616411.3 TC - 3 Table of Contents 02506 Polyvinyl Chloride Pipe 02511 Water Lines 02512 Water Tap and Service Line Installation 02513 Wet Connections 02514 Disinfection of Water Lines 02515 Hydrostatic Testing of Pipelines 02516 Cut, Plug and Abandonment of Water Lines 02518 Steel Pipe and Fittings for Large Diameter Water Lines 02520 Fire Hydrants 02521 Gate Valves 02522 Butterfly Valves 02523 Pressure Reducing Valves 02524 Air Release and Vacuum Relief Valves 02525 Tapping Sleeves and Valves 02527 Polyurethane Coatings on Steel or Ductile Iron Pipe 02528 Polyethylene Wrap 02642 Corrugated Metal Pipe 02711 Asphalt Treated Base 02712 Cement Stabilized Base Course 02713 Flexible Base 02714 Flexible Base Course for Temporary Roads, Detours, Shoulders, and Driveways 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02751 Concrete Paving 02752 Concrete Pavement Joints 02753 Concrete Pavement Curing 02754 Concrete Driveways 02761 Colored Concrete for Medians and Sidewalks 02762 Blast Cleaning of Pavement 02764 Raised Pavement Markers 50616411.1 TC - 4 Table of Contents 02765 Temporary and Removable Reflectorized Pavement Markings 02767 Thermoplastic Pavement Markings 02771 Curb, Curb and Gutter, and Headers 02775 Concrete Sidewalks 02811 Landscape Irrigation 02911 Topsoil 02921 Hydromulch 02922 Sodding 02925 Flexible Growth Medium 02951 Pavement Repair and Resurfacing — DIVISION 3 CONCRETE 03315 Concrete for Utility Construction DIVISION 4 MASONRY 04061 Mortar _ DIVISION 5 METALS DIVISION 6 WOOD AND PLASTICS DIVISION 7 THERMAL AND MOISTURE PROTECTION DIVISION 8 DOORS AND WINDOWS DIVISION 9 FINISHES DIVISION 10 SPECIALTIES DIVISION 11 EQUIPMENT DIVISION 12 FURNISHINGS 50616411.7 TC - 5 Table of Contents DIVISION 13 SPECIAL CONSTRUCTION DIVISION 14 CONVEYING EQUIPMENT DIVISION 15 MECHANICAL DIVISION 16 ELECTRICAL 50616411.3 TC - 6 Table of Contents CITY OF SCHERTZ INVITATION TO BID The City of Schertz (the "City") is accepting sealed bids for the construction of "NORTHCLIFFE SUBDIVISION WATERLINE RELOCATION ", #13- ENG-38 -C -02: Sealed bids should be received by the Purchasing Director of the City located at 10 Commercial Place, Building #1, Schertz, Texas 78154 by 10:00 a.m. (CST) on October 10, 2013 via hand delivery. * *No fax or E -mail bids will be accepted. Sealed Bids will then be opened and read aloud in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Sealed Bids must be submitted with one (1) original and four (4) copies and be clearly marked in a sealed envelope as "NORTHCLIFFE SUBDIVISION WATER LINE RELOCATION #I3 ENG- 38 -C -02 ". Bids submitted after the aforementioned date and time will not be accepted. Interested vendors /contractors may attend a Pre -Bid meeting on October 1, 2013 at 10:00 AM (CST) in the City of Schertz Public Works Conference Room located at 10 Commercial Place, Building #2, Schertz, Texas 78154. Contractors must obtain copies of the contract documents, plans, and specifications from FORD ENGINEERING, INC, located at 10927 - Wye Drive Suite 104, San Antonio, Texas 78217. A non - refundable fee of $50 (Fifty dollars) is required to obtain a copy of the plans. ONLY CHECKS ACCEPTED. Questions in reference to Bid procedures may be directed to the Purchasing Department, 210 - 619 -1160, or - questions in reference to the Project may be directed to Richard Hendrix, Ford Engineering, Inc., at 210 -590 -4777. All documents, including Addendum s to this project, will be placed on the City's website at www.schertz.com/Purchasing. The City reserves the right to reject any or all bids and to select the bid deemed in the best interest of the City from among those received. 50616411.3 N -1 Invitation to Bid 1. Sealed bids, one original and four conies, will be received by the City, at the place and the time specified in the Invitation to Bid. No bids maybe withdrawn after the scheduled bid opening time without the written consent of the City's Purchasing Manager. All bids received after the time set for the bid opening will be returned unopened. 2. Each bid must be accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of not less than five percent (5 %) of the total bid, payable without recourse to the City. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the Surety to the bid bond conditions. Surety shall also provide evidence that the Surety is authorized to provide service in the State of Texas at the amount on the bid bond. Contractor agrees that bid bonds shall be with insurance companies or sureties that are A.M. Best Rated "B +" or better. Bid Bonds, Certified or Cashier's checks will be retained for the first, second, and third lowest bidders until the contract is executed. 3. Bids must be submitted on the proposal form attached and shall be sealed in an envelope plainly marked on the outside with job number, the date and time of the bid opening, and the name of material or services bid on. Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the Bidder's expense. 4. Bids will be prepared in accordance with the following: (a) The Bidder shall thoroughly examine the drawings, specifications, schedule, instructions and all other documents. (b) Bidder shall make all investigations necessary to inform himself thoroughly regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist, or that may hereafter exist, as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations to fulfill in every detail the requirements of the contract documents, will be accepted as the basis for varying the requirements of the City or the compensation to the Contractor. 5. Bids will be prepared in accordance with the following: (a) The Bidder shall famish all information required by the bid form. The Bidder shall print or type his name and manually sign the schedule and each continuation sheet on which any entry is made (b) Pursuant to Section 151.311 of the Texas Tax Code, as amended, in order for the City to continue to benefit from its status as a State Sales and Use Tax Exempt Organization, construction contracts must be awarded on a "separated contract" 50616411.3 M -1 Instmctions to Bidders basis. A "separated contract" is one that distinguishes the value of the tangible personal property (materials such as pipe, bricks, lumber, concrete, paint, etc.) to be incorporated into the project from the total contract price. Under the "separated contract" format, the contractor in effect becomes a "seller" to the City of materials that are to be physically incorporated into the project realty. As a "seller ", the contractor will issue a "Texas Certificate of Resale" to the supplier in lieu of paying the sales tax on materials at the time of purchase. The contractor will also issue a "Certificate of Exemption" to the supplier demonstrating that the personal property is being purchased for resale and that the resale is to a department of the City, which is a sales tax exempt entity. Contractors should be careful to consult the most recent guidelines of the State Comptroller of Public Accounts regarding the sales tax status of supplies and equipment that are used and consumed during project work but that are not physically incorporated into the project realty. Contractors that have questions about this law are asked to inquire with the State Comptroller of Public Accounts, Tax Administration Division, State of Texas, Austin, Texas 78774 (512) 463 -4934. Bidders will not include any federal taxes in bid prices since the City, is exempt from payment of such taxes. "Texas Certificates of Exemption ", "Texas Certificates of Resale" and "Texas Sales Tax Permits" are forms available to the contractor through the regional offices of the State Comptroller of Public Accounts. 6. Any catalogue or manufacturer's reference used in describing an item is merely descriptive and not restrictive unless otherwise noted, and is used only to indicate type and quality of material. When items proposed differ in any way from those specified, Bidders are required to state exactly what they intend to furnish. Otherwise, they shall be required to furnish the items as specified. 7. The work shall be done and completed in accordance with the following Contract Documents as furnished by the City: _ The Invitation to Bid The Instructions to Bidders The Bid Proposal The Contract The Payment Bond The Performance Bond The General Conditions of the Contract -- The Special Conditions of the Contract The Construction Specifications The Standard Drawings The Plans Addenda Change Orders 8. The successful Bidder will be required to execute the standard City Contract Agreement, Performance and Payment Bonds as outlined in the General Conditions. These forms will be prepared and furnished by the City. Surety shall provide a copy of 50616411.3 rM - 2 Instructions to Bidders the Power of Attorney authorizing the Executing Agent the authority to execute the bond documents and bind the Surety to the bond conditions. Surety shall also provide evidence that the Surety is authorized to provide service in the State of Texas at the amount on the Bond. Contractor agrees that all Performance and Payment Bonds required shall be with insurance companies or sureties that are A.M. Best Rated `B +" or better. If the contract amount does not exceed $25,000.00, then the Performance and Payment Bonds will not be required. 9. In all cases, the written unit price in the proposal shall govern. Where there is an error in the extension, the City will extend the written unit price and make any corrections necessary. Any error will be corrected, and the correct amount will be the basis for determining the bid position. — 10. Bidders are advised that estimated quantities of anticipated requirements during the contract period are not calculated with certainty. It is the policy of the City, however, as a matter of prudent buying and contracting, to establish in advance of actual purchase or performance of the work, the price of the work which is anticipated, and the price on certain items calculated on the maximum number of a particular item which it might need during a contract period. Bidders are advised that during such period, the City may determine not to purchase any of the items or may delete any or all of the work listed in a bid proposal or invitation. Under such a contract, the City's only commitment is to purchase the items from or proceed with the work by the successful Bidder at the price bid if the City should, in fact, decide to purchase such items during the contract period or proceed with such work as proposed. On all bids, the City reserves the right to reject a bid, which in the City's judgment is "unbalanced." An "unbalanced bid" is defined as one in which a particular item or a class of items is bid at a figure sufficiently less than or higher than either general market price or Bidder's cost, so as to make the Bidder low on the overall bid but high on a significant number of other items. The City reserves the right to exercise its judgment and reject such a bid as unqualified. If such an unbalanced bid is nevertheless accepted by the City and the contract awarded, the City reserves the right to delete any or all of such items from the purchases to be made or work to be done. 11. The City will provide all necessary rights -of -way or easements for the project. 12. No owner, stockholder, partner, officer, or employee of the Bidder, or any person who has a financial interest in this contract in any way, whether direct or indirect, shall be an officer or employee of the City at the time of bidding on this contract, or during the life of this contract. Any violations of this provision will render the bid or contract void. 13. The Contractor will establish a local address and telephone number and file that information with the City Purchasing Manager prior to starting work. The Contractor's local address and telephone number will be maintained until the work is completed and accepted by the owner. 14. In case of ambiguity, duplication or obscurity in the bids, the City reserves the right to construe and apply the meaning thereof. The City reserves the right to reject any and all 50616411.3 ITB - 3 Instructions to Bidders bids and to waive formalities. 15. The City reserves the right, subject to the Contractor's approval, to extend, any annual contract for an additional period of not more than one year, subject to the same terms and conditions as enumerated in the invitation and instruction to Bidders and at a price or prices not to exceed the prices quoted. 16. It is anticipated that the contract will be awarded within 60 days after bid opening to the lowest responsible Bidder whose bid, conforming to the invitation for bids, is most advantageous to the City. Bidders are advised that the awarding of contracts on a bid basis is a requirement of state law and city charter. The purposes of such requirements are: (1) to prevent the historic abuses of negotiated purchases; (2) to enable the City to use its purchasing power to buy at the lowest possible prices for the benefit of the system and the public; and (3) to enable the City to award the contract to other than the low Bidder when, in the City's judgment, the low Bidder is not qualified. Bidders are advised that it is not the intention of the City, necessarily, to award contracts on the basis of differences in the bids other than differences in basic "price of the item." The City reserves the right to take whichever action as may, in the judgment of the City, to be its best interest as follows: (1) Reject all bids: (2) Award the bids by the drawing of lots; or (3) Award the bids on the basis of differences other than price. Bidders are advised that the awarding of bids is a matter solely within the jurisdiction of the City. In the event a Bidder wishes to protest the award recommended by the Engineer, the City invites such Bidder to notify the City Manager of the City and to appear at a meeting of the Schertz City Council for a public hearing prior to the award. The City reserves the right to accept any items or groups of items in this bid. Execution of written acceptance of a bid by the City shall constitute an award. 17. The City may reject the apparent low Bidder when: (a) the Bidder misstates or conceals any material fact in the bid, or if (b) the Bidder does not conform with the law or the bid, or if (c) the bid is conditional, or if (d) the bid is unbalanced, or when (e) the lowest Bidder is not, in the City's judgment, qualified, or when (f) the lowest bid is not, in the City's judgment, the lowest and best bid, or if (g) the Bidder fails to acknowledge in the final bid price of the proposal and include signed copies thereof, any and all addenda issued prior to bid opening. As a courtesy to Bidders, every attempt will be made by the City to notify Bidders of any and all addenda issued; however, it is the full responsibility of each Bidder to verify the existence of and include with their proposal, any and all addenda issued by the City. The City reserves the right to reject any and all bids, to accept any bids, or parts thereof, considered by the City to be to its best interest, and to waive formalities or irregularities. 18. Before submitting a bid, the Bidder should examine carefully the Bid Proposal, Plans, Specifications, Special Conditions, General Conditions, and the form of the contract to 50616411.3 M-4 Instructions to Bidders be entered into for the work contemplated. He shall examine the site of the work and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. Such examinations shall include the arrangement and condition of existing structures and facilities, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment. The submission of a bid by the Bidder shall be conclusive evidence that he has complied with these requirements. The borings, profiles, existing underground utilities, and water elevations shown on the plans were obtained for the use of the City in the preparation of the plans, and the Bidder is hereby cautioned that the City neither assumes nor implies any responsibility for the accuracy of this data. 19. The Bidder in preparing his proposal, shall take cognizance of the difficulty of distinguishing between boulders and large rock, the difficulty of accurately classifying all material encountered in making the subsurface investigations, the possible erosion of stream channels and banks after survey data has been obtained, and the unreliability of — water elevations other than those for the date recorded. Claims for additional compensation due to variations between conditions actually encountered during construction and as indicated in the plans will not be allowed. 20. All contracts in excess of $100,000 with contractors or suppliers having 15 or more employees will include the clauses listed below: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will assure that employees or applicants for employment are treated in a fair and equitable manner in such actions which shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor will post in conspicuous places for the benefit of the employee and applicants for employment notices setting forth the provisions of this nondiscrimination clause. (b) Upon request, the Contractor will furnish to the City all information and reports and will permit access to the books, records, and accounts for the purposes of an investigation to ascertain compliance with rules and regulations set forth by this organization. (c) If a Contractor is found not to be in compliance with the nondiscrimination clause of this contract, the contract may be canceled, terminated, or suspended in all or in part and the Contractor may be debarred from further contracts with the City. (d) All Bidders or prospective Contractors or Subcontractors will be required to submit a statement in writing signed by an authorized official or agent in behalf of the 50616411.3 M - 5 Instructions to Bidders company to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex, or national origin. The Contractor shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated 24 September 1965 or as amended and with Section 3 of the Housing and Urban Development Act of 1968 covering opportunities for business and lower financed HUD assisted projects. 21. Approval of Plans and/or Specifications by the Engineer shall not constitute an assumption of liability by the City or the Engineer for any inaccuracy of computation or deficiency of design therein. 22. Bidder shall not offer, confer, or agree to confer any benefit or gift to any City Employee, Officer, or Council Member of the City. 23. To assist the City in performing the bidder evaluation and subsequent recommendation of award, the apparent low bidder shall submit the following items within seven () days of the bid opening: (a) Financial resources, i.e., Dunn & Bradstreet report or similar. (b) An information packet on company showing experience, organization and equipment. (c) A statement regarding ability to complete the project within the schedule, taking into account existing commitments. (d) Record of performance on three (3) similar projects completed within the last 5 years including name of project, amount of project, project duration, name, address, and telephone number of contact person for each project. 50616411.3 rM - 6 Instructions to Bidders I T l l 1 '1 `1 1 �1 �I �1 �i PROPOSALof g& -.6- 0 A partnership consisting of M An individual_ doing business as TO THE CITY OF SCHERTZ: i r / a corporation Pursuant to Instructions and Invitations to Bidders, the undersigned proposes to furnish all labor and materials as specified and perform the work required for the NORTHCLIFFE SUBDIVISION WATER LINE RELOCATION, #13- ENG38 -C =02, Project No. 1124.8900 in -accordance with the- Plans -and Specifications for the following prices to wit. — SAN ANTOM coNSY`WUCTORS, LTD. nn ss pPt. 0. BOX �S. 08 n g cam. FilFs n.T�Fi'it �t [L tYyS %i8`1j5 v' P -1 Addendum No.2 rrEm NO. IITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WOIiDs) . -- UNIT QTY UNIT PRICE IN FIGURES _. TOTAL IN-FIGURES I TPDES -storm Water Pollution Prevention Plan . ";V " ihGGd"� Dollars Is 1 $ Oba;ba $07,000 . ot7 and /7LD' Cents 2. M bllizatlon �/� Dollars Is and � Cents 3 TraffiicContr lla�nUdRegulation y�45 """v*.��'6�ri� - Dollars Is 1 - '$6000.00 $ 6000. P0 .. and /70 - _Cents 4 ite -Re ration-(UtilityCbnstructionj- I&V Dollars 1ff —677 $ -6;60 $?�977 1 o0 "" and Cents 5 Water Pipe (PVC C900) (DR 14) (Open Cut) (1z n +� Dollars If 13 _ and /7LO Cents SAN ANTOM coNSY`WUCTORS, LTD. nn ss pPt. 0. BOX �S. 08 n g cam. FilFs n.T�Fi'it �t [L tYyS %i8`1j5 v' P -1 Addendum No.2 A I i 1 J_ F JL 1 L IL Project Mo. 1124.8900 Northcliffe Subdivision Water Line Relocation, #13- ENG- 39-C -02 BID PROPOSAL ITEM NO. rM.M DESCRIPTION (UNIT PRICE TO BE WRT17.'EN IN WORDS) DNIT : QTY UNITPRICE IN FIGURES TOTAL IN FIGURES 6 - 'Water - Pipe (PVC C900) (DR 14) (Open Cut) (6. 4 _ Dollars If ` - 7 $ /00.0 - and Cents 7 Water Pipe (PVC C900) (DR 14) (Open Cut) Dollars if. 6,755 $ :v4 $ 0 .2470.00 and . /71A Cents -8 - " -. W,4(tte�r��Seerw'i�c/e m"""en' (3_%4 in) (short side) (single)- ia"'.c'�Jid * Dollars e_ a :6 - $ '750 -cry $ -".500- 0 0 "" " " . .. . and - - - - -- -- .Cents 9 .and Wa er5e'rvi (3/4 in) (long side) (single) u !i2' yCCV�o�RGi. Dollars ea - .: 7 OD.oP $ ( 300.00 - .. .... ,?0 Cents '..... 10 .:.. Water ''S /I&viice''--(1 ")(short side) (dual) bilars ea 34 $ /loa:a0 D1J ;Da and ... -7W - Cents 11 -... - Water Service (1 ") (long side) (dual ®®)�� Lke1r� C � /� " ""`l5ollus ea 44:, - $ /aOD. e0 and Cents 12 _ —. Wafer Tie -In (Complete) (12 ") �. _ 4s e.a 2 -$ -509.00 and Water Tie-In (Complete) [8") '" -'-�"' �`'� Dollars 'no TPO - and /710 . - Cents ,AN ANTONIO CONSTRUCTORS, LTD. P. O. SOX 682006 SAN' ANTONIO, TEXAS 18268.2008 P -2 Addendum No.2 l y 1 1 f Project No. 1124.8900 Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 -C -02 BID PROPOSAL ITEM NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRTCIENIN WORDS) - UNIT QTY [7NIT PRICE IN FI ums TOTAL IN FIGURES 34 _ .. . W terTi�e- jlnN(,C�omplete) (6 ") Dollars and Cents 15 Water Cut,lPll�yw, Abandon (6 ") Dollars ea 6 - 00 $ � . 7 . o - . and -.,:: Cents 16 Water Cut, log; Ab n (8) ... �• Dollars ea 2 $ OD:oD $ - 17 Fir Hydrant sembly (Complete) Dollars ea 12 $ 000,00 cy, 000. 06 and /yro_ Cants 18 Salva a Fire H�yd"t ..L>F?i '7uvri'/iU .. Dollars ea 7 $ Too., 6D $ 350010(- .... .. . and 1-YI-6 19 Ga a1Ves 2 ")� Dollars ea - 1 $:3050:00 S3000.00 and .. z7?A .. Cents 20 . G e Va ve6 ea 29 - and Cents 21 Bow 0 Valve ( ®J (Pprm nent ...�20 ea - - ---- ., --- $ / OD. 0D $ 00.6 - --- -- —_ _. _ - and Cents 22 lowOff Valve (2 ") (Temporary) B(" V" . Dollars ea 8 DO.00 $ 0D. o D and /110 Cents SAN ANTONIO CONSTRUCTORS, LTD. P. O. BOX 582408 S+idN ,;.TON10, TEXAS 78258.2008 to, P -3 Addendum No.2 Project No. 1124.8900 BID PROPOSAL Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 =C -02 ITEM NO. - ITEM DESCRIPTION (UNIT PRICE TO " RTIT BE WEN IN WORDS) - - UNIT QTY UNrr PRICE IN 14GURES TOTAL IN HGURES - 23, ' W�} tt�e�r'M.ggter Reloca�te / (S//,:`h�i�� dud �iA` _ "Dollars ea 169 S--13-0-00 $" S ... - and .Cents 24 - WagJyrM�.tyej� Box Dollars ea 169 $ /00.09 .... .... and --AO: 1 -- 1 1 �I -91 Project No. 1124.8900 BID PROPOSAL Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 -C -02 W ANTONIO CONSTRUCTORS, LTD. P. 0. SOX 682008 SAN ANTON(a, TEXAS 78266.2005 P -5 Addendum No.2 ITEM - NO. - ITEMDESCREMQN (t7NTf PRICE TO BE WIEU TEN IN WORDS UNIT - QTY -- - UNFf PRICE IN FIGURE$ ...... TOTAL IN FIGURES 1 . TPDES - Storm e Water Pollution Prevention Plan�Nt6tdd� Dollars Is 1 $ Da eb - and . Cents 2 mob ili ation S�urAZ Dollars and .:. -_ --Cents Is. 1 $3! �9M 3 $ 39,L9Gr93 - 3 TracC �G�G�lvH� °ntro and Regulation Dollars_ Is $ .Sbat)•'o 0 and /1i0- Cents. 4 Site Res ration (Utility Construction) : Dollars If 6794 D $�?9, 893_laa _ and w Cents 5 . Water Pipe (PVC C900) (DR 14) (Open Cut) 1�1G/�'„`YJ Dollars If - 13 -- $ Duo' $ - /, / Oa -qo .. - .. and ilLO - jcents 6 W Water Pipe (PVCC900) (DR 14) (Open Cut) Dollars If 7 $6Gcn $ aa_ao - and r7u) - .Gents 7 :.. Water Pipe (PVC C900) (DR 14) (Open Cut) ($ )\`/y Dollars If 6774 $ 2 90� 960. 00 and .e-?" Cents 8 W er Service (3/4 in) (short side) (single) ea 6 $ flSd.oil $ —ao.c0 . —— Dollars_— and ---4h : - c Cents 9 Water Service .(3 /4 in) �(long side) (single) Dollars ea 7 $ Do' do 0 •O D and /Yt.J Cents W ANTONIO CONSTRUCTORS, LTD. P. 0. SOX 682008 SAN ANTON(a, TEXAS 78266.2005 P -5 Addendum No.2 I kJ I. 1 Project go. 1124.8900 Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 =G02 BID PROPOSAL ITEM NO. ITEM DESCRIPTION (11l`1IT PRICE TO BE WRITTEN IN WORDS ) UNIT QTY i7NIT PRICE IN FIGURES - TOTAL IN FIGURES . 10 te(r /5�-rvice (1 ")(shor`t =ide_) ((dual) "*�"_ °'eHollars and - /N.d : Cents ea 34 $ //00.66 $::37 ao. o0 - . - it W ter5 rvice (1 ") Ibngs' e) (dual) - p� ( � J� Q�2t{/Lp[rOacQ �.0�-Dollars ea 44 $ -u .. . - .. .. .. .. and - --YW Cents 12 W erTie -fr) WOmplete) (12 ") -. w6zo -fix Dollars ea and .._ 7-b - Cents 13 --- - 14 Wa rTie- tI/n�,,om,-plete) (8") ""`�� Dollars ea - 9 $ Doe_v0 $ Opp. o0 - . 00 - Y�tr >------ ------ ;- :'--- -- -Cents W ePTi1e-,I�(,C,omplete) (6 ") ."""""� Dollars ea 4 - -. - and - >•>'.:_.. Cents 15 _ Wat , bandon (6 ") r Cut Plu ,A�/i�taC: _ Dollars ea 6 and DLO :. Cents 16 Wa)�r but P ug, A aridon (8 ") `�a•�- Dollars ea 2 $ 644?- oo $ 1 450. 60 and -YW - Cents 17 Fir% Hydnint Assembly mplete) <yy�/ Dollars ea 12 $ 0D; eo 300, Oo and iypo Cents 18 Salva p Fire Hyd�p nt ' ' `fiCi�r.ditRC�, Dollars ea, 7 $ '5w..ea $ —:35 o o. c3 and �>tla -Cents a. l� ifs IONIO CONSTRUCTORS, L10, V. 0. BOX 682008 MN AIRTONIO, TEXAS 78268.2008 0- P -6 Addendum No.2 Project No. 1124.8900 Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 -C -02 1 1 _1 1 1. 1 BID PROPOSAL ITEM NO. ITEM DESCRIPTION (UNIT PRICE TO BE Vi'RYPP &N IN WORDS ) UNIT QTY UNIT PRICE IN gIGU -- TOTAL IN FIGURES 19 : Gate Ya Ives (12 ") Dollars ea 1 - " - $3000. do $ 3000.00 - -" and /-" Cents 20 G e Valves (8 ") . ea 29 $ / /00.00 $ /, q00, In 0 - and mA Cents 21 BIIC9�! Off /Valve (2 ") (Perrgan t) CAL r1 c✓d ea 1 $ O o0 $ /(ADO. OU and . -.. Cents 22 - -- - Blow r _ O�porary) :. , �" "�•� -- ' Dollars ea - --- - -- -- - --- .0 $- O . ay - .. and—= nid - - -- Cents 23 Wat er Me r Relocate_ Dollars ea 169 $ 1S0 oa $ a 5, 3SO- o0 and Cents 24 _ W�j e��r_Met r 8oz ..a�!�rCG�bL::'.` Dollars ea: 169 $ 2DO • °O $ G,. 00. 00 and '7z'o .. Cents 25 Conct to Sidewalk . ' Dollars sy 1805 $ .O:O $ and /n0. :Cents TOTAL ALTERNATE IN LIEU OF SAN ANTONIO C®1 mu TORS, LTD. P, 0. BOX 682000 gi ANTONIO, TEXAS 78268.2008 -- - -- P -7 Addendum No.2 1 Project No. 1124.8900 BID PROPOSAL Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 -C-02 PROPOSAL Accompanying this proposal is a Bid Bond or Cerh� or Cas er's, Check on a State or National Bank payable 1 to the�rder fthe City of Schertz Texas for �� t/1 Amu` dollars (S' 'O 1, which amount repress is five percent (5 %) of the total bid price. Said bond or check is t be return ed to the bidder unless the proposal is accepted and the bidder fails to execute and file a contract within 10 calendaz days after the awazd of the Contract, in which case the check shall become the Pr of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz Texas due to the failure of the bidder to execute the contract. The City of Schertz Texas reserves the right to reject any and all bids. -� It is anticipated that the Owner will act on this proposal within 60 calendar days after the bid opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard _ City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms andprovisious of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stimulated, and to guarantee payment of all lawful claims for labor performed and materials famished in the fulfillment of the contract. - It is anticipated that the Owner will provide written Authorization to Proceed witbin,10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 120 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractm's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are -� submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that bidder's practices and policies e do not discriminate on the grounds of race, color, religion, sex or national origin and that the bidder will 79 affirmatively cooperate in the implementation of these policies and pr��a""cc�ticess.° Cy . Company Name &� Signed &L/";D Yiac oe, .0- Authorized Company Signature` Address City, State, Zip qW A'z.V".), —J2 %p'u i? Telephone 'Q 10 a4l SAN ANTONIO CONSTRUCTORS, LTD: P. O. BOX 662008 SAN ANTONIO, TEXAS 7 a 812008 �; P -8 Addendum No.2 Project No. 1124.8900 BID PROPOSAL Northcliffe Subdivision Water Line Relocation, #13- ENG- 38 -C -02 1. Complete the additional requirements of the Proposal which are included on the following pages. 1 i Bidder must return pages P -1 through P -9 with this bid.-kny and all Addenda which are issued by the City of - Schertz with appropriate signatures acknowledging receipt shall be attached to and made part of this bid. ' 3. The Work included in this bid shall be Substantially Complete as defined in the General Conditions within 120 calendar days from the issuance of the Notice to Proceed. ADDITIONAL BIDDER INFORMATION -� Complete the additional requirements of the Proposal. All blanks must be filled in for the bid to be 1. What similar public works projects has your company completed? - 1 -1 -1 Owner Ownee Phone Number Is Date Corn feted Contract Amount �} v�1D ;9D9- 9�qv /tlQtl'tk- C�e.✓.�gelNr�O�O o�Dl "3 �o�iro`t /,3 id id�3 �,,� nS vFrur� aao- a33 -35oz p1��ld�� %fin ��oaSi/ 99 o�c°133-3502 li(/k�� IX /� GIR4 1d —�-07�0 44 4VY1/ii/ ASe2rD �a 01411010 /,3�0¢%S/4�- G`%i .�YJw� 0-.�33;3Scz p�g�j � /2eo9 �7; %�Oo9�3 SAN ANTONIO CONSTRUCTORS, L-M. 0. BOX 882008 urzEe f.' <YuF310 T A$ 8 ?83.2008 P -9 Addendum No.2 CITY OF SCHERTZ, TEXAS NORTHCLIFFE SUBDIVISION WATERLINE RELOCATION SCHERTZ PROJECT NUMBER #13- ENG- 38 -C -(12 FBI PROJECT NUMBER 1124.8900 ADDENDUM NO.1 Date of Addendum: September 30.2013 TO: Prospective Bidders Be advised that this Addendum No.l affects the following changes in the Contract Documents: CONTRACT DOCUMENTS INVITATION TO BIDDERS: No change.. _ -- - -- - — - INSTRUCTIONS TO BIDDERS: No change BID PROPOSAL: Change "Item No. 19 Gate Valves (1211) Unit from 30 to ea". PLANS: No change Acknowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No.1 by his/her signature affixed hereto and to file it with and attached to his/her bid. The undersigned acknowledges receipt of this Addendum No. 1, and that the bid submitted herewith is m accordance with the information and stipulations set forth. 1413 � Date Signature of Bidder Typed or Printed Name SAN ANTONIO MURMURS, LTD. P. C!. BOX 661008 - ar 11410, TEXAS 78268.2008 I j Be advised that this Addendum No.2 affects the following changes in the Contract Documents: 1 CONTRACT DOCUMENTS INVITATION TO BIDDERS: Changes sealed bids should be received by the Purchasing Director of the CGity located at 10 Commercial Place;- Building #1, Schertz, Texas 78154 by 10:00 a.m. (CST) on October40, 2013 to 10:00 a.m. (CST) on October24,.2013_ INSTRUCTIONS TO BIDDERS: No change BID PROPOSAL: Base bid items revised and Alternate In Lieu Of added to bid proposal PLANS: -, Plan sheets revised and plan set re- issued - sign and seal date 10/7/2013 Actmowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No.2 by his/her signature affixed hereto and to file it with and attached to his/her bid. The undersigned acknowledges receipt of this Addendum No. 2, and that the bid submitted herewith is in accordance with the information and stipulations set forth. '0044d,?, 26 l3 � Date Signature of Bidder �dio Cti�l�aTRllti lei R fi, Ll'9, � SAS! AHl � Typed or Printed Name P. 0. Box 692008 vn.n1, TEXAS 70269.2 N CITY OF SCHERTZ, TEXAS NORTHCLIFFE SUBDIVISION WATERLINE RELOCATION -� SCHERTZ PROJECT NUMBER #13- ENG38 -C -02 FEI PROJECT NUMBER 1124.8900 1 ADDENDUM NO.2 Date of Addendum: October 7.2013 TO: Prospective Bidders Be advised that this Addendum No.2 affects the following changes in the Contract Documents: 1 CONTRACT DOCUMENTS INVITATION TO BIDDERS: Changes sealed bids should be received by the Purchasing Director of the CGity located at 10 Commercial Place;- Building #1, Schertz, Texas 78154 by 10:00 a.m. (CST) on October40, 2013 to 10:00 a.m. (CST) on October24,.2013_ INSTRUCTIONS TO BIDDERS: No change BID PROPOSAL: Base bid items revised and Alternate In Lieu Of added to bid proposal PLANS: -, Plan sheets revised and plan set re- issued - sign and seal date 10/7/2013 Actmowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No.2 by his/her signature affixed hereto and to file it with and attached to his/her bid. The undersigned acknowledges receipt of this Addendum No. 2, and that the bid submitted herewith is in accordance with the information and stipulations set forth. '0044d,?, 26 l3 � Date Signature of Bidder �dio Cti�l�aTRllti lei R fi, Ll'9, � SAS! AHl � Typed or Printed Name P. 0. Box 692008 vn.n1, TEXAS 70269.2 N CONTRACT STATE OF TEXAS § COUNTY OF GUADALUPE § KNOW ALL MEN BY THESE PRESENTS: That this Contract made and entered into this a--l— day of -)+t 6, �O (3, by and between THE CITY OF SCHERTZ, TEXAS (the "City') and San Antonio Constructors. Ltd., a Corporation located at 6735 Low Bid Lane San Antonio. Texas 78250 (the "Contractor). WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor hereby agrees with the City to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal for the City Job No #13- ENG- 38 -C -02 and Resolution No. 13 -R -95 the same being designated as Northcliffe Subdivision Waterline Relocation. The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of the Agreement as defined herein. The General and Special Conditions of the Agreement, and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to the Agreement. The Contractor shall not offer, confer or agree to confer any benefit or gift to any City employee. The Contractor hereby agrees to commence work under this Contract within seven (7) days after issuance by the City of the written Authorization To Proceed. Under no circumstances shall the - work commence prior to the Contractors receipt of the City's issued, written Authorization To Proceed. Computation of Contract Time will begin upon actual commencement of Work by the Contractor during the seven (7) calendar day period referenced above, or upon the eighth (8th) calendar day (assuming the eighth day is a day upon which Work may lawfully and Contractually be performed), whichever occurs first. All work specified in these Contract Documents shall be completed within 120 calendar days. It is agreed and understood by the City and the Contractor that the provisions of Article 2368a, Vernon's Annotated Civil Statutes of Texas apply to this contract. The terms of the aforementioned state law are incorporated herein by reference. Contractor and City Agree that as a public body, City is authorized by such state law to negotiate change orders up to and including the amount of $25,000.00 acting by and through its duly designated administrative officer. It is agreed and understood that any change orders which increase the work of the contract in excess of 25% of the bid contract price, must be subject of a supplemental agreement approved by the City Council of the City, or its designee, as in case of original contracts. The work of the contract may be decreased over 25% with the consent of the Contractor. The City agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents, together with this Contract, comprise the Agreement, and they are as fully a part thereof as if herein repeated in full: 50616411.3 CA -I Contract I . The Invitation to Bidders 2. The Instructions to Bidders 3. The Bid Proposal 4. The Contract 5. The Payment Bond 6. The Performance Bond 7. The General Conditions of the Contract 8. The Special Conditions of the Contract 9. The Construction Specifications 10. The Standard Drawings 11. The Plans 12. Addenda 13. Change Orders In witness thereof of the Parties of these presents have executed this Agreement in the Year and day of first above written. OWNER: CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By �! Name � — MVWW- �� Date CONTRACTOR: San Antonio Constructors Ltd. By Title des .mot •r — Date Contractor hereby acknowledges and understands that this Contract is subject to Section 151.311 of the Texas Tax Code, as amended. The following amount of money represents that part of the total contract price representative of the value of tangible personal property which is to be incorporated into the project realty, or which is otherwise exempt from taxation under Section 151.311 of said Code: $ 50616411.3 CA - 2 Contract Bond No. 929573945 STATUTORY PERFORMANCE BOND Pursuant to Vernon's Texas Government Code Title 10, Chapter 2253. as amended (Penalty of this Bond must be 100% of Contract Award) KNOW ALL MEN BY THESE PRESENTS: That San Antonio Constructors, Ltd. -(hereinafter called "Principal'), as Principal, and Continental Casualty Company a corporation organized and existing under the laws of the State of Illinois , with its principal office in the City of Chicago , and authorized under the laws of the State of Texas to ad as surety, on bonds for principals (hereinafter called "Surety'), are held and firmly, bound tado the CITY OF SCHERT7, TEXAS, a Texas municipal corporation, with its principal location of I400 Schertz Parkway, Schatz, Guadalupe County, Texas (hereinafter called "Owner /Obligee% in the amount of $623,526.75 Dollars ($623,526 jt), for the payment whereof. Principal and Surety, firmly bind themselves, and their heirs, administrators executors. successors and assigns, jointly, and - severally, by these presents: REAS principal has entered into a certain written contract with the Owner /Obligee, dated the. day of LC20wasistngof #13- ENG- 38 -C -02 &Resolution No. 13 -R -95 Northcliffe Subdivision Waterline Relocation (here rafter called "We ContracC�, -which Contract is hereby referred to and made a part hereof as fully and to the sameextent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in full force and effect. NOW, THEREFORE, if Principal shall repair my and all defects b said work occasioned by and resulting from defect in materials furnished by, or workmanship of, Principal in performance of the work covered by the Contract, occurring during a period of within 12 months from the date of the Contract Completion Certification, therein this obligation shall be null and void: otherwise to remain in fun force and efled, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 10, Chapter 2253, as amended, of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of this Chapter, to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, or other waiver or amendment of the terms of the Contract or to the work thereunder, nun any change in the method or amount of payments stipulated to be made by Owner /Obligee under the Contract, shall relieve Surety of its obligations hereunder, and Sandy, hereby waives notice of any such change, extension of time, waiver or amendment of the terms of the Contract or to the work thereunder. _ The bond shall be automatically extended in time, without formal and separate amendment, to cover full and faithful performance of the Contract in the event of modification of the Conrad regardless of the length of time involved. -" IN 'WITNESS THEREOF; Principal and Surety have signed and sealed this instrument on the 25th day of November- 20 1$ San Antonio Constructors, Ltd. Continental Casualty Company _ S y met By By G Title Tide 13etty J e I -Fact. Address P.O. Box 682008 Address 333 SjNabashAve- San Antonio, TX 78268 Chicago, IL 606304 Name, Address and Telephone of Reiiident Agent of Surety: IBTX Risk Services - 5726 Hausman Rd., Ste 100, San Antonio, TX 78249 - 210- 696.6688 50616411.3 PB -1 Performance Bond Bond No. 929573945 STATUTORY PAYMENT BOND Pursuant to Vernon's Texas Government Code Title 10, Chapter 2253. as amended (Penalty of this Bond must be 100% of Contract Award) KNOW ALL MEN BY.TfiESE PRESENTS: That San Antonio Constructors, Ltd. (hereinafter celled "Principal', as Principal, and (ontmental Casualtv Company a corporation organized and existing under the laws of the St aze of_ Fnoms with its principal office in the City of Chicago ,and authorized under the laws of the State of Texas to act as' surety, on bonds for principals (hereinafter called "Surety'), am held and firmly, bound unto the -CUY OFSGHERTZ, TEXAS, a Texas municipal corporation with its principal location of 1400 Schertz Parkway, Schedz, Guadalupe County, Texas (hereinafter called "Owner /Obligee"), in the amount of $623,526.75 Dollars ($623,526 hehs, administrators executors, successors for the payment whereof Principal and Surety, firmly bind themselves, and their cessors and assigns, jointly, and. severally, by these presents; REAS, principal has entered into a certain written contract with the Owner/Obligor, dated the - day of 1W 20]!gconsistingof #13- ENG- 38 -C -02 and Resolution No. 13 -R -95 Northcliffe Subdivision Waterline Relocation (hereinafter called 'the Contract"), which iCoutract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall faithfully PaY in full all claimants supplying labor and materiel to Principal or to a subcontractor in the prosecution of the work provided for in the terms of the Contract Documents, then ibis obligation shall be void, otherwise to remain in full force and effect - PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title l0, Chapter 2253, as amended, of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of this Chapter, to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no changet extension of time, or other waiver or amendment Of the terms of the Contract or to the work thereunder, nor any change in the method or amount of payments stipulated to be made by OwncdObligec under the Contract, shall relieve Surety of its obligations hereunder, and Surety, hereby waives notice of any Such change, extension of time, waiver or amendment of the trims of the Contract or to the work thereunder. The bond shall be automatically extended in time, without formal and separate amendment, to cover full and faithful performance of the-Contract in the event of modification ofthe Contract regardless of the length of time involved. IN Wr NESS THEREOF, Principal and Surety have signed and sealed this instrument on the 25th day of November, 2013 — San Antonio Constructors, Ltd. By- Title Address o 68 008 San Antonio. TX 78268 Name, Address and Telephone of Resident Agent of Surety: IBTX Risk Services - 5726 Hausman Rd., Ste 100, San Antonio, TX 78249 - 210 -696 -6688 30616A11.3 PYH-1 Payment Bond POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), me duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Pat J Moore, Gary W Wheatley, Bryan K Moore, Clark D Fresher, Betty J Reeb, Individually, of San Antonio, TX Michael D Hendrickson, Individually, of Irving, TX — their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of June, 2013. Qyeasugl 019SUON ssArt°e Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania • Paul T. Bruflat d' Vice President State of South Dakota, County of Minnehaha, ss: On this 26th day of June, 2013, before me personally came Paul T. Bmflat to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Blinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. . OHR M �y PUOSrAL DAT, ^ My Commission Expires June 23, 2015 J. Mohr Notary Public CERTIFICATE I, D. Bull, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hanford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this t- dayofyU"6-1," Ol'�S CAS`O tRSUR,tyc uM°jun "q� Continental Casualty Company CORP URAr �g Fg Fn `+� $4o National Fire Insurance Company of Hartford i - rxeewea9arra American Casualty Company of Reading, Pennsylvania sm d' 1!197 HgRTF� • � Form F6853- 4/2012 D. Bult Assistant Secretary State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 929573945 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 Forth F6N4 Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at 312 - 822 -5000. 3 You may call Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's toll -free telephone number for information or to make a complaint at: .1-877-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at: CNA Surety 333 South Wabash Chicago, IL 60604 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 _ Fax: (512) 475 -1771 Web: http: /Avww.tdi.state.tx.us _ E -Mail: ConsumerProtection @tdi.state.fx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Contnental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. -- 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Forth F8277 AVISO IMPORTANTE Para obtener informacion o Para someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at 312-822-5000. Usted puede llamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's Para informacion o Para someter una queja al: 1 -877- 672 -6115 Usted lambien puede escribir a Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company: CNA Surety 333 South Wabash Chicago, IL 60604 Puede comunicarse con el Departamento de Seguros de Texas Para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1- 800 - 252 -3439 Puede escribir at Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.b(.us E -Mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si Ilene una dispute concerniente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company primero. Si no se resuelve la dispute, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para proposho de informacion y no se convierte en parte o condicion del documento adjunto. '� ° CERTIFICATE OF LIABILITY INSURANCE DATE 11 /20OA'Y3 11/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IBTX Risk Services SAT 5726 Hausman Road Suite 100 San Antonio T% 78249 CONTACT NAME: Rosa Mau han FAX PHONN at. (2 01 696 -6688 C No:(210) 696 -8414 EMAL ADORES$: rmau han9ib- tx.com INSURERS AFFORDING COVERAGE NAICS POLIC EXP MMMDNYYYI WSURERA:Amerisure Mutual Insurance 23396 GENERAL INSURED legal eeL -eeeo San Antonio Constructors, Ltd. INSURER B: Westchester Surplus Lines Ins. 10172 RC: 10172 P. o. Box 682008 R D' San Antonio TX 78268 -2008 RE: rSU RF: ,YV IYICCR. 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D B POLICY NUMBER POLICYEFF M!WnD POLIC EXP MMMDNYYYI LIMITS GENERAL LIABILRY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL UA6IUTY CPP2045560040011 5/31/2013 5/31/2014 DAPLAI5E5 Ea6ocar sore S 100,000 MED EXP(Any one Pmson ) S 51000 CLNMSh a OOCCUR PERSONAL &AOVINJURY S 1,000,000 GENERALAGGREGATE S 21000,000 GENLAGGREGATELIMIT APPUESPEPo PRO- PRODUCTS- COMPgP AGG S 2,000,000 S POLICY X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea euftlenl 1 1,000,000 A X ANYAUTO CA 20455610602 5/31/2013 5/31/2014 BODILY INJURY (Per Person) S ALL OWNED SCHEDULED 'AM BODILY INJURY (Par acddenl) $ AUTOS OS X I'M D.A X AUTOS �ED PROPERTY DAMAGE $ Peracddenl S • X LALUIB X OCCUR CO 20455590402 5/31/2013 5131/2014 EACH OCCURRENCE S 51000,000 EXUMBRELLA EXCESS LIAB ESS GpIMS-MADE AGGREGATE S 51000,000 DEC RETENTIONS S • WORKERS COMPENSATION X WCSTATIF OUR" AND EMPLOYEftS'UABIUTY YIN WC- 2045558 -04 5/31/2013 513112014 ANY PROPWETORIPARTNEWFXECUiNE OFFICEPJMEMBERD CLUDEW N❑ NIA E.L. EACH ACGOENr $ 1,000,000 tMaMatory In NM 1 yyees, desrnba 1 wider EL D ISEASE -EA EMROYE S 11000,000 E.L. DISEASE- POIJCYLJMG $ 11000,000 OESCRIPNONOFOPERATIONSEebw B Pollution /Environmental L 624285601 002 5/31/2013 5/31/2014 General Aggregate E$ 21000,000 Each Occurrence Occurrence Form Tranaporation $ Included DESCRIPPON OF OPERATONS I LOCAMON$! VEHICLE$ (AUaoh ACORD IDI. AddiU..I Remadm sr .dule, R more space is mquired) The General Liability, Auto E Pollution policies include blanket automatic Additional Insured endorsements C070851211, CA71651007, ENV -3101 (08 -04) that provide this feature only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto, Workers Compensation 6 Pollution Policies include a blanket automatic Waiver of Subrogation endts CG70630712, CA71181109, WC420304A & ENV -3141 (03 -05) that provide this feature only when there is a written contract between the named insured and the certificate holder that requires such status. Primary Non - Contributory wording per attached endta CG70851211, CA71651007. Cancellation per the attached form IL70450507. RE: Northcliffe Subdivision, Waterline Relocation Project City of Schortz 1400 Schertz Parkway Schertz TX 78154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A/U�T/ ^H\OI�R`I/Z'EFyID REPRESENTATIVE Y � / ©1988 -2010 ACORD CORPORATIn N. All Hnhl. rnenn,eH ,CORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number CPP 208252400 Agency Number 0755308 Policy Effective Date 06MW2013 Policy Expiration /Cancellation Date Date Account Number 01/01/2014 06/03/2013 Named Insured Agency Issuing Company Pesado Construction Company, Inc. ISTX RISK SERVICES - SAN A14ERISURE INSURANCE ANTONIO COMPANY 1. SECTION II - WHO IS AN INSURED is amended to add as an insured any person or organization whom you are required to add as an additional insured on this policy undera written contract or written agreement relating to your business. The written contract or written agreement must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage ", or "personal and advertising injury" giving rise to a claim under this policy. If, however, "your work' was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. However, If you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. 2. SECTION II - WHO IS AN INSURED is amended to add the following: If the additional insured Is: a. An individual, their spouse is also an additional insured, b. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional Insureds. d. An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust, trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided to the additional insured under this endorsement is limited as follows: a. That person or organization is only an additional insured with respect to liability arising out of: (1) Premises you own, rent, lease, or occupy; or (2) Your ongoing operations,_tmless the;wrIttenxobVbctor Written:adreement also renuirncrmmnload extena to your completed operations for that additonal insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or written agreement. Includes copyrighted material of Insurance Services Office. Inc. CG 70 85 12 11 Page 1 of 2 i I -- Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (a) 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 site of the covered operations has been completed; or (b) 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 b. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or written agreement or in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. d. ADDITIONAL INSURED. OWNERS, LESSEES OR _ CONTRACTORS (FORM -B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person. or Organization: Blanket Where Required by Written Contract or Agreement that the terms of CG 20 1011 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Ip is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 10 11 85 e. The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyors rendering of or failure to render any professional services including but not limited to: (1) The preparing, approving, or failing to prepare or approve maps. drawings, opinions, reports, surveys, change orders, design specifications; and (2) Supervisory, inspection, or engineering services. f. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract or written agreement requires that this insurance be primary, In which case this insurance will be primary without contnbutionfrom such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 12 11 Page 2 of 2 Pesado Construction Company, Inc. 06/0312013 - 06/03/2014 Policy No. CCP 208252400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR`_S_ GENERAL LIABJLITY EXTENSION EM,DORSEMENT' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION 1- COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. EXCLUSIONS, provisions 1. through 6. of this endorsement amend the policy asfollows: 1. LIQUOR LIABILITY Exclusion c. Liquor Liability is deleted. 2. NONOWNED WATERCRAFT Exclusion g. Aircraft, Auto or Watercraft, subparagraph (2) is deleted and replaced with the following: (2) Awafercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry personsor propertyfora charge. 3. PREMISES ALIENATED A. Exclusion j. Damage to Property, subparagraph (2) is deleted B. The following paragraph is deleted from Exclusion j. Damage to Property; Paragraph (2)of this exclusion does not apply if the premises are "yourwork" and were never occupied, rented or held for rental by you. 4. PROPERTY DAMAGE LIABILITY- ELEVATORSAND SIDETRACKAGREEMENTS A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liabilityassumed undera sidetrack agreement. 5. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. B. With respect to any one borrowed equipment item, provision 5.A. above does not apply to "property _. damage" that exceeds $25, 000 per occurrence or $25, 000 annual aggregate. 6. PRODUCTRECALLEXPENSE A. Exclusion n. Recall of Products, Work or Impaired Property does not apply to "product recall expenses" -- that you incur for the "covered recall" of "your product ". This exception to the exclusion does not apply to "product recall expenses" resulting from: 1. Failure of any products to accomplishtheir 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; Includescopyrighted material of Insurance Services Office, Inc CG 70 63 0712 Page 1 of 9 a. The statements in the Declarations are accurate and complete; b. Those statementsare based upon representations you made to us; and C. We have issued this policyin reliance upon your representations. We will not deny coverage underthis coverage part if you unintentionally fall to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable afler itsdiscovery. However, this provision does not affect our right to collect additional premium or exerciseour right of cancellation or nonrenewal. 17. TRANSFER;OF RIGHTS (BLANKET WAIVER OF SUBROGATION)' Paragraph 8. Transfer of Rights Of RecoveryAgainst Others To Us is deleted and replaced with the following: 8. If the insured has rights to recover all or part of any paymentwe have made underthls Coverage Form, those rights are transferred to us. The insured must do nothing after loss to Impair them. At our request the insured will bring "suit" or transferthose rights to us and help us enforce them. However, jft a insuri 18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the following: b. 60 days before the effective date of the cancellation if we cancel for any other reason. Under SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following: 9. When We Do Not Renew a. We may elect not to renewthis policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected official b. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, staling the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policywill remain In effect until the 61st day aflerthe date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous years premium. C. If notice is mailed, proof of mailing will be sufficient proof of notice. d. The transfer of a policyholder between admitted companies within the same insurance group is not _ considered a refusal to renew. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V - DEFINITIONS,paragraph 12. "Mobile equipment ", paragraph f. (1) does not apply to self- - propelled vehicles of less than 1,000 pounds gross vehicle weight that are not designed for highway use. 20. DEFINITIONS 1. SECTION V — DE FIN ITIONS, paragraph 4. "Coverage territory" is replaced by the following definition: "Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury," "property damage," or "personal and advertising injury," including "personal and advertising Injury" offenses thattake place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a settlementto which we agree or in a "suit" on the merits, in the United States of America (including its territoriesand possessions), Puerto Ricoand Canada. Includescopyrighted material of Insurance Services Office, Inc. Page 8 of 9 CG 70 63 0712 Named Insured Endorsement Number San Antonio Constructors, Ltd. Policy Symbol Policy Number Policy Period Effective Dale of Endorsement CPW G24285601 5/31/2012 TO 5131/2013 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company _ tnsen the policy number. The remainder of the information Is to be completed on"an this endorsement is issued subsequenito the preparation of the per". THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON - CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization' Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations a5 appucaole to ruts enoorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site 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. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV -3101 (0 8-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT — PRODUCTS- COMPLETED OPERATIONS HAZARD named Insured Endorsement Number San Antonio Constructors, Ltd. Policy Symbol Policy Number Policy Period Effective Date ofFndorsemenl CPW G24285601 5/31/2012 to 513112013 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products - completed operations hazard. All other terms and conditions remain the same. ENV -3225 (10 -08) Copyright ®20080 Page 1 of 1 Named Insured Endorsement Number San Antonio Constructors, Ltd. policy symbol Poi Number Polity Period Effective Dale of Endorsement CPW G24285601 5/3112012 TO 513112013 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the Information B to ba completed onlywhen this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition 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 injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products - completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03 -05) Includes copyrighted material of Insurance Services Office. Inc. with its permission Page 1 of 1 POLICY NUMBER: CA 208252300 COMMERCIAL AUTO CA 71 6510 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY COVERAGE This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM The provisions of the Coverage Form apply unless changed by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement changes the policy on the inception date of the policy, unless another date is shown below. Endorsement Effective: 06/03/2013 Countersigned By: �/ n /}� /�' ' C //�t`/.tq /, (Authorized Representative) Named Insured: Pesado Construction Company (No entry may appear above. If so, information to complete this endorsement is in the Declarations.) Section II — Liability Coverage, A. Coverage, 1. Who Is An Insured is amended to add: Any Person or Organization with whom you have an "insured contract" which requires: i. that Person or Organization to be added as an "insured" under this policy; and II, this policy to be primary and non - contributory to any like insurance available to the Person or Organization. Each such person or organization is an "insured" for Liability Coverage. They are an 'insured" only if that person or organization is an'lnsured" under in SECTION II of the Coverage Form. The contract between the Named Insured and the person or organization is an "insured contract". Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CA 71 65 10 07 Insurance Services Office., 1998. Page 1 of 1 Pesado Construction Company, Inc. 06/03/2013 - 06/03/2014 Policy No. CA 208252300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is $ -S250.00 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, A.1. Who Is An Insured Is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or a majority interest, will qualify as a Named Insured. However, (1) Coverage under this provision Is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents" or "loss" that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any "employee'ofyours using: (1) A covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by the "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) An "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household. f. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow and while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos ". This provision does not apply: (1) Unless the written contractor agreement is executed or the permit is issued prior to the "bodily injury' or "properly damage"; (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of " aulos' unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto' is leased without a driver; and Includes copyrighted material of Insurance Services Office, Inc. CA 7118 11 09 Page 1 of 5 (2) This coverage does not apply while there is a spare or reserve "auto" available to you for your operation. 7. AIRBAG COVERAGE Under SECTION Ill- PHYSICAL DAMAGE, B. EXCLUSIONS, paragraph 3. Is deleted and replaced by the following: 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: (1) Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not include the discharge of an airbag. (2) Blowouts, punctures or other road damage to tires. 8. GLASS REPAIR— WAIVER OF DEDUCTIBLE Section III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 9. COLLISION COVERAGE— WAIVER OF DEDUCTIBLE Under section III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended to add the following: When there is a loss to your covered "auto' insured for Collision Coverage, no deductible will apply if the loss was caused by a collision with another "auto" insured by us. 10. KNOWLEDGE OF ACCIDENT Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a, is deleted and replaced by the following: a. You must see to It that we are notified as soon as practicable of an "accident?', claim, "suit' or Knowledge of an "accident ", claim, "suit" or "loss" by your "employees'shall not, in itself, constitute knowledge to you unless one of your partners, executive officers, directors, managers, or members (if you area limited liability company) has knowledge of the "accident", claim, "suit" or "loss'. Nolice should include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 11. - TRANSFEROF RIGNYS! Rld -- NKET WAIVER OF SUBROGATION); Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights.are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accldenr' or "loss" to impair them. However, if the "insured" has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 18 1109 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1 -00) 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 pers'o "ii or organrrzation for whom the Named lnsurel has agreed by written contract fo; fumish this waver 2. Operations: 3. Premium: The premium charge for this endorsement shall be _ 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: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06103/2013 Policy No WC 208252700 Endorsement No. Insured Pesado Construction Company _ Premium $ Insurance Company Amerisure Mutual Company countersigned by_ al WC420304A (Ed. 1-OD) Pesado Construction Company, Inc. 06/03/2013 - 06/03/2014 _ Policy No. CCP 208252400, CA 208252300, WC208276400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 30 For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. 11 this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization Is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or - c._Material. change reducing -or-restricting - coverage; ------ . - - - - -- will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of Insurance. IL 70 45 05 07 - GENERAL CONDITIONS ARTICLE 1. CONTRACT DEFINTTIONS: Wherever in these General Conditions or in other parts of the Contract Documents, the following terms, or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1. ACPA— American Concrete Pipe Association. 2. ANSI — American National Standards Institute, -- 3. ASTM —American Society for Testing Materials. 4. AUTHORIZATION TO PROCEED —(Work Project Authorization) A written notice given by OWNER to CONTRACTOR establishing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. 5. AWWA— American Water Works Association. 6. BIDDER —An individual, partnership, corporation, etc., submitting a proposal. 7. CITY COUNCIL —The duly elected members of the council of the City of Schertz, Texas. 8. CONDITIONAL LETTER OF APPROVAL — The date certified in writing by the OWNER when the Construction of the Project is sufficiently completed in accordance with the Contract Documents. 9. CONSTRUCTION OBSERVERANSPECPOR "COT' — The authorized representative of the OWNER assigned by the OWNER to observe and inspect any or all parts of the Project and the materials to be used therein. 10. CONSULTANT — A person registered as a professional engineer pursuant to Article 3271x, Vernon's Texas Civil Statutes employed to provide professional engineering services and having overall responsibility for the design of a project or a significant portion thereof, together with administrative supervision of any subconsultants Consultant may retain. The term "Consultant ", unless the context clearly indicates otherwise, means an engineer in private practice retained for a specific project under a contractual agreement with the OWNER 11. CONTRACT —The signatory agreement (Standard Form) between the OWNER and the CONTRACTOR governing the furnishing of material and performance of the Work. The Contract will include the Contract Documents. 12. CONTRACT DOCUMENTS — The Contract Documents consist of Bidding Documents such as: the Invitation to Bid, the Instructions to Bidders, the CONTRACTOR's completed Bid Proposal form, the Addenda, the Contract, the Conditions of the Contract (General, Supplemental and Special Conditions), - the Plans, the Specifications, the Change Orders, the Payment and Performance Bonds. (a) The Contract Documents form the complete CONTRACT, which represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 13. CONTRACT SUM — The total compensation payable to the CONTRACTOR for performing the Work as originally contracted or as subsequently adjusted by Change Orders. 50615411.1 GC_ I General Conditions 23. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) – A conveyance or system of conveyances (including roads with drainage systems, municipal sheets catch basins, curbs, gutters, ditches, man -made channels or storm drains: 1. Owned or operated by a State, City, town, borough, county, district association or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial waters, storm water or other wastes including special districts under State law such as a sewer - district, flood control district or drainage district or similar entity or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to water of the United States; 2. Designated or used for collection or conveying storm water. - 3. Wbich is not part of a Publicly Owned Treatment Works (POT W) as defined at 40 CFR 122.2. 24. NEMA –National Electrical Manufacturers Association. 25. NFPA –National Fire Protection Association 26. NON - HAZARDOUS MATERIALS) /SUBSTANCES – Any material(s) /substance which is not designated as hazardous pursuant to Definition 18 herein and the continued presence of such on the site is determined by the OWNER's representative not to be detrimental to the completion of the Project. 27. OWNER – City of Schertz, Texas. 28. C1 %W107 – The duly authorized representative of the OWNER, as identified by the 29. PAYMENT BOND – The security furnished by the CONTRACTOR, through the Surety, in the full — amount of the Contract Sum for the protection of all persons supplying labor and material in the prosecution of the Work who properly follow statutory requirements for perfecting claims against such security. If the contract amount does not exceed $25.000, a Payment Bond is not required. 30. PERFORMANCE BOND – The security furnished by the CONTRACTOR, through the Surety, in the full amount of the Contract Sum as a guaranty that the Work will be faithfully performed and completed and that the OWNER will be saved harmless from all costs and damages which the OWNER may suffer by reason of the CONTRACTOR's default or failure to perform the Work If the contract amount does not exceed $25.000. a Performance Bond is not required. _ 31. PLANS – The Plans, drawings, details and supplemental drawings, or reproductions thereof, produced and sealed by the ENGINEER and approved by the OWNER, showing the location, character, dimensions and _ details of the Work and which are a part of the Contract. Plans include standard details issued and sealed by the Engineer or his representative. 32. PROJECT – Work site and Work elements with all appurtenances and construction to be performed thereon under the Contract. 33. PROPOSAL – The offer of the bidder, made out on the prescribed forms, giving prices for performing the work described in the plans and specifications. 34. SAMPLES – Physical examples furnished by the CONTRACTOR to OWNER to illustrate intended or anticipated materials, equipment or workmanship, and to assist OWNER and ENGINEER in the -- establishment of workmanship and quality standards by which the Work will be judged. 50616411.3 GC - 3 General Conditions 47. UNIT PRICE WORK — Work to be paid for by OWNER on the basis of CONTRACTOR quoted unit prices in the Bid Proposal based upon OWNER estimated quantities. 48. WAGE RATES — The general prevailing wage rate as established by the City Council of the City of Schertz. 49. WOMAN BUSINESS ENTERPRISE — (hereinafter referred to as WBE) a corporation, partnership, sole proprietorship or any other such legal entity which is owned, operated and controlled by women who, when combined, have 51 percent ownership. The women must have operational and managerial control interest in capital and earnings commensurate with the percentage of women Ownership. 50. WORK — The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of CONTRACTOR perfuming services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. 51. WRITTEN NOTICE — Shall be considered to have been duly given if delivered in person to an authorized representative of the CONTRACTOR or OWNER, or to an officer of the corporation for whom it is intended, or if delivered at, or sent by registered or certified mail to the last business address known to the person who gives the notice. ARTICLE 11. LEGAL RELATIONSHIPS AND RESPONSIBILITIES 2.1 LEGAL RESPONSIBILITIES — The CONTRACTOR in the performance of the Work shall comply with all pertinent Ordinances of the City of Schertz, Texas (OWNER), Laws of the State of Texas, and of the United States, including Rules and Regulations of the United States Department of Labor, pertaining to Occupational Safety and Health Administration standards as presently existing or as may hereinafter be modified or amended. 1. Where construction projects cross or run along state highways, the CONTRACTOR shall comply with governing Texas Department of Transportation Regulations as outlined in State Permits for each crossing. In cases where State Regulations do not apply, City Regulations shall be binding. 2. Where construction projects cross or run along country roads, the CONTRACTOR shall comply with - _ governing County Public Works Regulations as outlined in the County Permit for each crossing. 2.2 GENERAL UNDERSTANDING — CONTRACTOR at his own cost and expense shall furnish all supervision, tools, implements, machinery, labor, materials and accessories, such as are necessary and proper for the purpose, and secure all required permits and licenses, and shall at his own cost and expense construct build and complete, in a good, first class, substantial and workmanlike manner, the structures, work and improvements herein described and/or referred to in the Contract Documents. 2.3 INDEMt MCATION — CONTRACTOR shall protect the public and OWNER fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas and other areas in any way connected with the performance of this contract, the CONTRACTOR shall provide and maintain reasonable warning of such danger or nuisance. The CONTRACTOR shall not create excavation, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this contract unless necessary to its performance, and in that event the CONTRACTOR shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the CONTRACTOR in this section shall be nondelegable, and the CONTRACTOR's compliance with the specific recommendations and requirements of the City of Schertz, as to the means of warning shall not excuse the CONTRACTOR from - the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 50616411.3 GC - 5 General Conditions of the OWNER as an officer or employee. This prohibition extends to City boards and commissions other than those, which are purely advisory. 2.7 PREVAILING WAGE RATES (Only if required by Supplemental General Conditions) —On this Contract full compliance with Article 5159a, Revised Civil Statutes of Texas, as amended, requiring that not less than the general prevailing wage rate (basic hourly and fringe, if applicable) for Work of a similar character, as has been established by the appropriate governmental agency, and a copy of the most recent wage rates and all other administrative policies as incorporated into the Contract Documents, all be required. _ 1. Payrolls will be reviewed by the OWNER and the CONTRACTOR will be notified of any discrepancies noted. Any discrepancy in the payrolls may be cause for withholding periodic, interim _- or final payment to the CONTRACTOR until such discrepancies are properly corrected. -- 2.8 EQUAL EMPLOYMENT OPPORTUNITY REOUIREMENTS/NONDISCRBEKATION CLAUSE — __ The Owner highly encourages CONTRACTOR to implement Affirmative Action practices in their employment programs. This means CONTRACTOR should not discriminate against any employee or applicant for employment because of race, color, national origin religion, sex, age, handicap or political belief or affiliation. 2.9 SMALL, MINORITY AND WOMEN BUSINESS PROGRAM (SMWBP) REOUIREMENTS — The Owner highly encourages CONTRACTOR to form joint ventures and/or provide subcontract opportunities to small, minority and woman funs. 2.10 STATE SALES TAX — The OWNER qualifies for exemption from state and local sales tax and will furnish the CONTRACTOR with a tax exemption certificate. It is the CONTRACTOR's responsibility to claim exemption from payment of applicable state and local sales taxes by complying with such ' procedures as may be prescribed by the State Comptroller of Public Accounts. The Contract separates the cost of materials and tangible equipment from skill, labor and other associated costs of construction. This is in accordance with the Texas Tax Code to allow tax exemption on the Contract price for materials. _ Certain construction equipment that is owned or rented by the CONTRACTOR may be subject to State and Local Sales Tax. ARTICLE M. CONTRACT DOCUMENTS & BONDS 3.1 PLANS AND SPECIFICATIONS — The Plans and the accompanying Specifications are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended _ to be cumulative and complementary and to provide for a complete Work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, detailed Plan Drawings and accompanying notations shall govern over General Plan Drawings, and Special Conditions shall govern over Specifications, Plan Drawings and General Conditions. 3.2 INTENT OF THE CONTRACT DOCUMENTS is to describe a functionally complete Project (or integral -._ component part thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied by CONTRACTOR whether or not specifically called for by OWNER or it's ENGINEER. When words, which have a well-known technical or trade meaning are used - - to describe work, materials or equipment such words shall be interpreted in accordance with that meaning. Where phrases "directed by", "ordered by" or "to the satisfaction of the ENGINEER or the COI or the OWNER's Representative occur, it is to be understood that the directions, orders, or instructions to which they relate are within the scope of, and authorized by the Contract Documents. Reference to standard - specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall — mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids except as maybe otherwise specifically stated. 50616411.3 GC-7 General Conditions If such separate CONTRACTOR sues the OWNER and/or it's agents on account of any damage alleged to have been so sustained, the OWNER and/or it's agents shall notify this CONTRACTOR who shall defend the OWNER's and/or its agents' interests and CONTRACTOR's own interests in such proceedings and pay all attorney fees, and costs in connection therewith, and if any judgment against the OWNER results therefrom, this CONTRACTOR shall pay or satisfy that judgment. 4.8 CONTRACT TERMINATION L TERMINATION BY CONTRACTOR — If the Work in bid proposal is stopped by OWNER for a period of ninety (90) consecutive days (working or calendar days depending upon the type of Contract entered into) under an order of any court or other public authority having jurisdiction, or as a result of an act of a higher governmental authority, such as a declaration of a national emergency making materials unavailable, through no act or fault of the CONTRACTOR or a subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the CONTRACTOR, then the CONTRACTOR may upon ten (10) additional days written notice to the OWNER and the ENGINEER,,-terminate the Contract and recover from the OWNER payment for all Work previously executed and for any loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages related to the Work stoppage. If the Work is re- commenced during the ten (10) day notice period, the CONTRACTOR -- may not terminate the Contract. 2. TERMINATION BY OWNER — If the CONTRACTOR is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, without the consent of the OWNER or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction pertaining to the Work, or otherwise is guilty of a substantial violation of a provision of the Contract Documents warranting OWNER default of CONTRACTOR, then the OWNER may, without prejudice to any right or remedy and after giving the CONTRACTOR and his Surety, if any, ten (10) days written notice, terminate the employment of the CONTRACTOR and/or take possession of the site and of all materials, and may upon order of a court of competent jurisdiction take possession of equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR Should the Surety fail to pursue completion of the Work with reasonable speed, the OWNER may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract sum remaining, including the cost of additional OWNER administration and ENGINEER services made necessary by such default or neglect, in which event no further payment shall then be made by the OWNER uutil all cost of completing the Work shall have been paid. 3. In the event that OWNER shall be prevented from completing performance of its obligations under this Contract by an act of God or other occurrence whatsoever which is beyond the control of OWNER, then OWNER shall be excused from any further performance of its obligation and undertakings. 4. If the unpaid balance of the Contract sum exceeds the costs of finishing the Work, including compensation for the ENGINEER's additional services made necessary thereby, such excess shall be paid to the CONTRACTOR If such costs exceed the unpaid balance, the CONTRACTOR or his surety shall pay the difference to the OWNER This obligation for payment shall survive the termination of the Contract. - 4.9 SUSPENSION OF WORK BY OWNER 1. The OWNER may suspend said Work either partially or totally by his written order whenever, in his opinion, the interest of the OWNER requires the suspension of such Work In the event that the OWNER suspends Project Work, the CONTRACTOR hereby acknowledges and agrees that so long as the total suspension(s) is (are) for a period not to exceed ten (10) cumulative days (working or calendar days, depending upon the type of Contract entered into) accruing throughout the entire Contract Time, that the CONTRACTOR is not entitled to request a negotiated adjustment of the 50616411.3 GC- It General Conditions to the Treatment of any Waste. The CONTRACTOR agrees to (a) give notice to the OWNER immediately upon CONTRACTOR's acquiring knowledge of the existence of any Waste on the site with a full description thereat (b) promptly comply with any Laws applicable to the CONTRACTOR or the site requiring the removal treatment or disposal of such Waste and provide OWNER with satisfactory evidence with such compliance and (c) provide OWNER within thirty (30) days after demand by OWNER with a bond, letter of credit or similar financial assurance evidencing to the OWNER's satisfaction that adequate funds are available to pay the costs of removing, treating and disposing of such waste. 4.10 PROTECTION OF PRIVATE PROPERTY — The OWNER has secured right -of -way and easements, as — shown on the plans, to be occupied by the finished construction, with only such additional temporary construction easements as shown for use by the CONTRACTOR in carrying out his Work. The CONTRACTOR shall take proper measures to protect all property within all construction easements, and adjacent or adjoining property which might be injured by any process of construction; and, in case of any injury or damage, he shall restore at his own expense the damaged property to a condition equal to or better than that existing before such injury or damage was done, or he shall make good such injury or _ damage in a manner acceptable to the private or public owner. 1. The CONTRACTOR shall correct customer complaints for such items as (but not limited to) driveway access, mailboxes, privacy fences, public safety hazards, public nuisances, water and sewer services as specified by the OWNER's Representative. 2. The CONTRACTOR shall not, except upon procuring written consent from proper private parties, — enter or occupy with men, tools, materials, or equipment any privately owned land except for those on easements provided herein by OWNER. ARTICLE V. CONTRACT 5.1 OWNER - CONTRACTOR OBLIGATIONS — The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, -- successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The CONTRACTOR shall not assign the Contract or sublet it as a whole without the prior written consent of the OWNER, nor shall the CONTRACTOR assign any monies due or to become due to him hereunder, without the prior written consent of the OWNER and in the manner established in Section 4.4 herein. 5.2 OWNER'S RESPONSIBILITY — Projects contracted through other outside entities and containing utility work by OWNER shall be managed by the other entity with support by OWNER personnel. CONTRACTOR shall report directly to the other entity. Utility projects contracted through OWNER, - which contain secondary street work, shall be managed by OWNER with support by other entity personnel. CONTRACTOR shall report directly to OWNER 1. The design of this Project was performed by a professionally licensed engineer who is an authorized representative of the OWNER, who will exercise the authority and functions of the OWNER as the Project ENGINEER in the following respects: a. Staking the Work for construction as indicated in Section 5.16. b. Checking of Shop Drawings famished by the CONTRACTOR in compliance with Paragraph 5.13 herein. c. Consultation and advice during construction and rendering those decisions requiring interpretation of the Plans and Specifications. d. Review of the monthly and final quantity and pay estimates as prepared by CONTRACTOR e. Provide the OWNER with a final set of "Record Drawings" on reproducible Mylar prepared 50616411.3 GC -13 General Conditions d. Comprehensive Automobile Liability (AL) insurance that will protect the CONTRACTOR, OWNER and OWNER employees, Representative, Consultant, and agents from claims for damages arising out of the maintenance, operation, or use of any OWNER, non -owned or hired vehicles. Minimum limits of liability for bodily injury and property damage combined shall be not less than $1,000,000.00 each occurrence. e. An Umbrella Liability (UL) insurance in the amount of $2,000,000.00. This policy shall be of an "Occurrence" type and the limit of liability shall be concurrent with and in excess of the EL, CL, and AL insurance coverage described in paragraphs 5.7.1.b, 5.7.1.c, and 5.7.Ld of this contract. f. An OWNER and CONTRACTOR Protective Liability Insurance policy which insures OWNER and OWNER employees, Representative, Consultant, and agents with the same coverage specified in paragraph 5.7.1.c. g. In the event, the project contracted for herein requires the building of structures or facilities used for storage, housing equipment or the occupancy of personnel, the CONTRACTOR shall provide Physical Damage Insurance on Builder's Risk Form which insures OWNER for damages to all property purchased for, or assigned to, the Project commencing on the start date through completion. Policy limits shall be in an amount equal to the total construction cost contracted herewith. The policy form shall be an All Risk Builders' Risk form and shall include the flood and earthquake endorsements. 2. Contractor shall issue a waiver of subrogation in favor of the OWNER with respect to coverage described in paragraphs 5.7.1.a and 5.7.1.b. CONTRACTOR shall name OWNER as an additional insured with respect to coverage described in paragraphs 5.7.1.c and 5.7.1.d. 3. CONTRACTOR shall be liable for all Subcontractor's insurance coverage appropriate to their scope of Work, and in the event a Subcontractor is not insured with respect to any and all insurance required by law, including, but not limited to, Automobile Insurance and Workers' Compensation Insurance, then the CONTRACTOR shall endorse the Subcontractor onto the applicable CONTRACTOR policies as another named insured. 4. The insurance that is required under this Section 5.7 shall be written so that OWNER will be notified in writing in the event of cancellation, restrictive endorsement or non - renewal at least thirty (30) days prior to such action. Certificates of Insurance on the form attached to this Contract shall be filed with the OWNER prior to the execution of this Contract. CONTRACTOR shall be responsible for obtaining Certificates of Insurance from all Subcontractors and upon request, famish copies to OWNER. 5. CONTRACTOR is responsible for all deductibles under all of the insurance policies required by this section. 6. The stated limits of insurance required by this section are MIIIIIAUM ONLY and it shall be CONTRACTOR's responsibility to determine what limits are adequate and the length of time the coverage shall be maintained. The minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. The CONTRACTOR is fully responsible for all losses arising out of, resulting from or connected with the construction, and installation of the Facilities, and in support of its operations under this Contract and those of its subcontractors, whether or not said losses are covered by insurance. The OWNER acceptance of Certificates of Insurance that in any respect do not comply with the requirements of this Section 5.7 does not release the CONTRACTOR from compliance herewith. CONTRACTOR shall and will cause Subcontractors to carry any and all insurance required by law, including, but not limited to, Automobile Insurance and Workers' Compensation Insurance. 7. CONTRACTOR shall and will cause Subcontractors to issue a waiver of subrogation in favor the OWNER with respect to coverage described in paragraphs 5.7.1.a and 5.7.1.b. CONTRACTOR 50616411.3 GC -17 General Conditions requirements of the Contract Documents, the CONTRACTOR shall bear all costs of the special testing, = inspection or approval as well as the cost of replacement of any unsatisfactory material or Work as provided by Paragraph 5.11, otherwise, should the Work prove not defective, the OWNER shall bear such costs and an appropriate Change Order shall be issued. The costs of routine testing required by the OWNER shall be borne by the OWNER, as provided by Paragraph 5.2.3. 5.11 REMOVAL OF DEFECTIVE WORK — If any materials famished under this Contract fails to perform in the manner such material is expected to perform in accordance with ordinary usage, the CONTRACTOR shall proceed to remove from the Project at his sole expense all such materials, whether worked or unworked, and to remove all portions of the condemned Work. 5.12 EOUAL MATERIALS — It is not the intent of these Specifications to unreasonably limit materials to the product of any particular manufacturer or supplier. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done so as to set a definite standard and/or a reference for comparison as to quality, application, physical conformity, and other characteristics. It is not the intention to discriminate against or prevent any dealer, jobber or manufacturer from furnishing materials, equipment, and/or fixtures that meet or exceed the characteristics of the specified items. CONTRACTOR's substitution of materials, equipment and/or fixtures shall not be made without prior written approval from the ENGINEER and the OWNER. 5.13 SHOP DRAWINGS AND SAMPLES 1. Contractor shall reasonably check and verify all field measurements and after complying with applicable procedures specified in the Contract Documents, CONTRACTOR shall submit (in accordance with the CONTRACTOR's schedule of Shop Drawing submissions submitted to the OWNER and ENGINEER for information purposes); to ENGINEER for review and approval or for other appropriate action, sir (6) copies, of all Shop Drawings bearing a stamp or specific written indication that CONTRACTOR has satisfied the CONTRACTOR's responsibilities under the Contract Documents with respect to his review of his submissions. All CONTRACTOR submissions will be clearly identified as required by the ENGINEER The CONTRACTOR data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information. 2. Contractor shall also promptly submit to ENGINEER for review and approval any Samples required by the Contract Documents. All Samples will be accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission identity of materials, suppliers, and other pertinent data such as catalog numbers, and use for which intended. 2.1 Before CONTRACTOR's submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2.2 At the time of each CONTRACTOR submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific CONTRACTOR notation to be made on each Shop Drawing submitted to ENGINEER for review, approval, or other appropriate action highlighting each such variation. 2.3 Shop Drawings for alternate designs not shown in the plans shall be reviewed and approved by _ the Engineer and shall not be implemented without an approved Change Order. 50616411.3 GC- 19 General Conditions 4. In the case of sewer, water, gas, electric, telephone, cablevision cable, or any other utility shown on the Plans and/or discovered during the CONTRACTOR's investigations required in paragraph 5.17.2.6 herein, the CONTRACTOR will use care in excavating over, under and around such lines and will provide all necessary temporary bridging during construction so as to maintain continuous service of the utility line. The CONTRACTOR shall backfill around the main and complete its construction operations in such a manner as to leave the utility line firmly and securely bedded in its original position without damage to any protective coatings. 5. In instances. where gas or water mains are exposed during construction, the utility company owning or operating the service shall be given at least twenty-four (24) hours' notice by the CONTRACTOR prior to backfilling in order that the protective coating on the mains may be inspected and/or repaired by utility company. 6. BRACING AND SUPPORTING — In areas where utilities are known to be near the project site, and could be damaged by soil movement, slips or cave -ins, the CONTRACTOR shall take all precautions necessary to protect such utilities from damage and shall pay for the repair of any such damages caused by CONTRACTOR failure to properly protect the utility. -- 5.18 SUBSURFACE CONDITIONS — Reports of explorations and tests of subsurface conditions at the construction site, where applicable, are available for review. The OWNER in order to generally forecast soil conditions at various depths to assist the ENGINEER in designing the Project procured these reports. The logs and descriptive data are NOT PART OF THE CONTRACT DOCUMENTS but are made available for the general information of bidders and neither the OWNER nor the ENGINEER assumes any obligation or responsibility, either specific or implied, for the accuracy or completeness of any information contained therein: Sub - surface conditions along and across the Project site may vary significantly from _ - those shown on the test reports. 5.19 WORKING HOURS —No Work, with the exception of such items as curing of concrete, maintenance of barricades, etc., will be allowed by the OWNER between the hours of 6:00 p.m. and 7:00 a.m. of the — following day, unless directed by OWNER or requested in writing by CONTRACTOR and approved by the OWNER- 5.20 USE OF CITY STREETS RIGHT OF WAY — The CONTRACTOR shall confine the movements of all steel tracked equipment.to the limits of the Project and any such equipment will not be allowed to use City streets unless being transported on pneumatic tired vehicles. Any damage to existing City streets caused by the CONTRACTOR's equipment shall be repaired by CONTRACTOR at his own expense upon direction, and in the manner prescribed by City's specifications and the OWNER's COI. 5.21 DAMAGES TO CITY STREETS — caused by the CONTRACTOR, within the limits of the project but not within the current phase being constructed, shall be repaired by the CONTRACTOR at his own expense -- upon direction by the OWNER's COI. 5.22 SANITARY PROVISIONS — The CONTRACTOR shall provide and maintain in a neat, sanitary condition, rest room facilities for the use of his employees and authorized on -site visitors as may be - - necessary to comply with the requirements and regulations of the City Health Department and of the State Department of Health. 5.23 DUST CONTROL — The CONTRACTOR will apply appropriate amounts of water (or other appropriate substance), to the area under construction and on detours as required to maintain sufficient moisture content in the surface layer for dust control. 5.24 USE OF EXPLOSIVES — The CONTRACTOR may not employ the use of explosives on this project. 5.25 WATER — Unless otherwise provided for in the specifications or Special Conditions, the responsibility shall be upon the CONTRACTOR to provide and maintain an adequate supply of water for construction - -- and on -site domestic consumption. Any connections and piping that the CONTRACTOR deems necessary 50616411.3 GC-23 General Conditions 1.3 Other property at the site or adjacent thereto including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The CONTRACTOR shall comply with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (Public Law 91- 596 and all subsequent amendments) and under Section 107 of the Contract Work Hours and Safety Standards Act (Public Law 91 -54 and all subsequent amendments). This project is subject to all of the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910 and all subsequent amendments, General Industry Safety and Health Regulations Identified As Applicable to Construction. CONTRACTOR shall be knowledgeable with the requirements of these regulations and any amendments thereto. 3. Trench excavation protection shall be accomplished as required by the most current provisions of part 1926 subpart P — Excavations, of the Occupational Safety and Health Administration's Standards and Interpretations and as further defined in the note(s) on the Plans and other Contract Documents. -- 4. In any emergency affecting the safety of persons or property, the CONTRACTOR shall act to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the CONTRACTOR resulting from emergency Work shall be considered by OWNER in accordance with Articles VI and VIII for Completion Time. 5. The CONTRACTOR shall provide, at the site, such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the Work. Such equipment shall comply with the most current regulations of the Occupational Safety and Health Administration of the United States Department of Labor. 6. The CONTRACTOR must promptly report in writing to the OWNER all accidents whatsoever arising - out of, or in connection with, the performance of the Work whether on or adjacent to the site which caused death, personal injury, or property damage, giving full details and any statements of witnesses. In addition, if death, serious injury, or serious damage is caused, the accident then shall be reported immediately by telephone or messenger to the OWNER. 7. OWNER requires all CONTRACTORjob sites shall be immediately accessible to appropriate local, State and Federal agency safety officials. ARTICLE VI. CONTRACT CHANGES 6.1 Change Orders — The Contract Sum and/or the Contract Time may be increased or decreased only by written change order. A Change Order signed by the CONTRACTOR indicates his acceptance and approval thereof including the adjustment in the Contract Sum and/or the Contract Time. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the CONTRACTOR for the work or the change defined in the Change Order. By signing the Change Order, the CONTRACTOR acknowledges that the stipulated compensation includes payment for the Work of Change plus all payment for the interruption of schedules, stop work orders, extended overhead, delay, or any other impact, claim or ripple effect and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. Except as modified by Change Order, all Work performed under a Change Order shall be completed in accordance with these Contract Documents. 6.2 The OWNER, without invalidating the Contract, may order changes in the Work within the general scope of the Contract and applicable law consisting of additions, deletions or other revisions and the Contract Sum and/or the Contract Time will be adjusted accordingly. All such changes in the Work shall be 50616411.3 GC - 25 General Conditions b. Materials comprising the Work c. The CONTRACTOR's actual incremental ownership or rental cost of equipment during the time of use on the extra Work. (Rental cost may be based on current Southwest Regional AGC, Association of Equipment Distributors regional computations or equivalent) d. Power and consumable supplies for the operation of power equipment e. Insurance, any extra bond premiums, Social Security and unemployment contributions, and benefits. 4. PARTICIPATION ALLOWANCE Participant Overhead Profit Commission To CONTRACTOR on the Project on Work performed by other than its own forces: 0% 0% 5% To first tier Subcontractor on Work performed by its subtier Subcontractors: 0% 0% 5% To CONTRACTOR and/or the first tier Subcontractors for that portion of the Work performed with their own respective forces: 10% 10% 0% Not more than four categories of percentages, not to exceed the maximum percentages shown above, will be allowed regardless of the number of subtier subcontractors: For proposals covering both increases and decreases in the amount of the Contract the application of overhead and profit percentages shall be on the net increase in Actual Costs for the CONTRACTOR or Subcontractor performing the Work. However, where the CONTRACTOR or first tier Subcontractor receives proposals for additive and deductive amounts from separate subtier subcontractors, the commission shall be allowed on the added amounts prior to subtraction of the credit amounts. The cost of such - extra Work shall be added to the Contract Sum by a Written Change Order as specified in Paragraph 6.1. 6.5 DELETION OF WORK — The OWNER may, pursuant to state statute, unilaterally order the CONTRACTOR to omit up to twenty-five percent (25 %) of the original Contract Sum and associated - Work, as specified in Paragraph 6.2. 6.6 CLAIMS FOR ADDITIONAL COSTS 1. If the CONTRACTOR pursues a claim for an increase in the Contract Sum prior to final reconciliation, he shall give the OWNER written notice thereof with a simultaneous information copy to the ENGINEER within thirty (30) days after the CONTRACTOR knows, or should have known, of the events giving rise to such CONTRACTOR claim. This notice shall be presented in writing to the OWNER and ENGINEER by the CONTRACTOR before proceeding to execute the disputed Work, except in an emergency endangering life or property in which case the CONTRACTOR shall proceed in accordance with Paragraph 5.29.4. No such CONTRACTOR claim shall be valid unless the CONTRACTOR follows the procedure outlined herein. If the OWNER and the CONTRACTOR cannot agree on the amount of the adjustment in the Contract sum, if any, it shall be determined by administrative procedures as provided by Article X. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 2. If the CONTRACTOR claims that additional cost will be incurred because of (1) any written OWNER or ENGINEER interpretation of the Contract Documents, (2) any order by the OWNER to stop the Work pursuant to Paragraph 4.10.1 where the CONTRACTOR was not at fault, (3) any 50616411.3 GC- 27 General Conditions 6) "Indemnification" as provided for in Paragraph 2.3. When the above CONTRACTOR deficiencies are cured, OWNER will make payment for amounts withheld because of the deficiencies within (30) thirty calendar days. 7.4 FINAL PAYMENT — CONTRACTOR shall not be entitled to receive payment of any sum in excess of the cumulative amounts paid upon such monthly invoices as outlined above until forty-five (45) calendar days after OWNER transmittal of the Letter of Preliminary Acceptance and not before all the stipulations, requirements and provisions of this Contract are faithfully performed and complied with by CONTRACTOR, and unless and until said structures, Work and improvements shall be entirely completed, and delivered to, and accepted by the OWNER in accordance with the Contract Documents. - Completion, delivery and acceptance of the Work is evidenced by the Final Acceptance issued by the OWNER and such Certificate of Acceptance is approved by the OWNER or his designated representative. The OWNER shall prepare the final invoice as the basis for final Contract settlement. OWNER may deduct from the amount of such final invoice and retain any and all sums which are to be deducted by OWNER or paid or allowed by CONTRACTOR to OWNER, or which are to be retained by OWNER for reasons previously stated in Paragraph 7.3. 1. NOTARIZED AFFIDAVIT — Before final payment for the work by the OWNER, the -- CONTRACTOR shall submit to the OWNER a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have famished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety who provided the Payment Bond for the work, to the effect that said Surety consents to final payment to the CONTRACTOR being made by the OWNER. 7.5 OWNER TO FINALLY DETERMINE ALL AMOUNTS PAYABLE OR CHARGEABLE — It is expressly understood and agreed by CONTRACTOR that subject only to the prices, terms and provisions specifically set forth in the Contract Documents including Change Orders, the written estimates and Certificates of the OWNER shall be final in fixing and determining amounts payable or chargeable hereunder to CONTRACTOR by OWNER as required by the other terms and conditions hereof. Also, in case of controversy, the monthly construction estimates and Final Acceptance shall be final in fixing and determining all sums to be deducted and retained by OWNER for reasons as stated in Paragraph 7.3, out of any funds otherwise estimated as payable to CONTRACTOR by OWNER. 7.6 CLAIMS BY THIRD PARTIES FOR LABOR OR MATERIALS 1. Contractor hereby agrees to promptly pay all persons supplying labor, services and materials in the prosecution of the Work provided for in this Contract and any and all duly authorized modifications or Change Orders of said Contract that may hereafter be made, and sball fully indemnify and hold harmless the OWNER and its agents against any and all claims, liens, suits or actions asserted by any person, persons, firm or corporation on account of labor, materials or services famished such CONTRACTOR during the prosecution of the Work herein undertaken. CONTRACTOR shall execute a payment bond in accordance with other sections governing same herein for this purpose. - _ Before the OWNER shall be obligated to pay any amount to CONTRACTOR on final Contract settlement, CONTRACTOR shall execute a sworn, written and notarized statement on an affidavit form to be supplied by the OWNER Director of Finance and filed with the OWNER, along with a "consent of surety" letter endorsing final payment to CONTRACTOR, evidencing that all labor employed and all equipment and materials incorporated into the Construction of the Work have been either fully paid for by CONTRACTOR and Subcontractors, or that any pending disputes over payment are being properly addressed by the surety. 2. Suppliers, any subcontractors, and persons claiming to have performed any labor, or to have supplied any equipment and materials toward the performance of this Contract, and who claim not to have received proper compensation from the CONTRACTOR or Subcontractors for same, shall be instmcted by OWNER and CONTRACTOR that written and documented claims must be sent directly 50616411.3 GC-29 General Conditions the written permission of the OWNER or his duly authorized representative. If Sunday or OWNER Designated Holiday Work is permitted, the OWNER representative average salary costs at time and one half will be charged to the CONTRACTOR. Nothing in this Paragraph shall be construed as prohibiting the CONTRACTOR from working on Saturdays if so desired and gives OWNER or OWNER'S representative at least the prerequisite forty-eight (48) hours written notice of intent to perform Work on Saturday so that OWNER's representative may be scheduled to observelinspect said Work. 8.4 FAILURE TO COMPLETE WORK ON TIME — If the CONTRACTOR fails to complete the Contract in the time specified by OWNER in the Contract Documents and agreed to by CONTRACTOR through execution of this Contract, Contract Time charges will continue to be made for each Working or Calendar Day (depending upon which type Contract is entered into) thereafter. The time set forth in the Contract for the completion of the Work is an ESSENTIAL ELEMENT of the Contract. For each Working or Calendar Day that any Work shall not be complete, after the expiration of the Working or Calendar Days specified in the Contract, (to include Working or Calendar Days charged for correction of CONTRACTOR deficiencies found during the final inspection), plus, any extended days allowed by OWNER, the amount of liquidated damages assessed per day as stipulated in the Contract will be deducted from the money owed or to become due the CONTRACTOR, not as a penalty but as liquidated damages owed the OWNER for extended expenses, loss and public inconvenience resulting from CONTRACTOR's failure to complete said Work within the Time CONTRACTOR agreed to by execution of this Contract. CONTRACTOR and OWNER agree that such liquidated damages as are set prior to the Contract execution are for projected reasonable costs that are otherwise difficult for either Party to forecast and will be incurred by the OWNER due to CONTRACTOR completion beyond the number of Working or Calendar Days calculated herein by the OWNER 8.5 CONTRACT TIME STATEMENT — The OWNER, or authorized representative shall furnish a "Contract Time Statement" to the CONTRACTOR after the end of each calendar month, showing the number of - Working or Calendar Days charged by OWNER and of such non - chargeable Days credited to the CONTRACTOR during each month. Such statement shall become final and binding upon the CONTRACTOR without exception, unless CONTRACTOR notifies the OWNER, in writing of any Contract Time Statement discrepancies claimed by the twentieth (20th) calendar day following OWNER issuance date on the Contract Time Statement 8.6 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME — The CONTRACTOR agrees that time is of essence of this contract and that for each day of delay beyond the number of days herein agreed upon for the completion of work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the OWNER may withhold permanently for the CONTRACTOR's total compensation, not as a penalty but as liquidated damages, the - -. sum per day given in the following schedule: AMOUNT OF LIQUIDATED DAMAGES Amount of Contract Less than $ 50,000 $ 50,001 to $ 100,000 -- $ 100,001 to $ 250,000 _ $ 250,001 to $ 500,000 $ 500,001 to $ 750,000 — $ 750,001 to $1,000,000 $1,000,001 to $1,500,000 $1,500,001 to $2,000,000 $2,000,001 to $2,500,000 — $2,500,001 $3,000,000 $3,000,001 $3,500,000 $3,500,001 and over Damages Per Day $ 50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 $400.00 $450.00 $500.00 $550.00 $600.00 50616411.7 GC-31 General Conditions ARTICLE X. DISPUTES: 10.1 GENERAL —Prior to any anticipated litigation between the OWNER and the CONTRACTOR, both hereby agree that disputed matters shall first be submitted to OWNER administrative appellate procedures as described below: - I. Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of by mutual agreement shall be initially decided by the ENGINEER who - shall reduce his decision to writing and promptly mail or otherwise furnish a copy thereof to the CONTRACTOR The decision of the ENGINEER shall be final and conclusive unless within thirty (30) calendar days from the date of issuance of such decision by ENGINEER the CONTRACTOR mails or Otherwise furnishes to the OWNER a written notice of appeal addressed to the OWNER, whose appellate decision shall be the final and conclusive OWNER decision. In connection with any appeal under this Article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of the appeal to persons to be promptly appointed by the OWNER to review such disputed matters. The OWNER will also be allowed to present information supporting OWNER's position. 2. Pending final OWNER decision after a dispute hearing, the CONTRACTOR shall proceed diligently with the performance of the Contract and in accordance with the OWNER'S decision. Neither the -- OWNER nor the CONTRACTOR is precluded from resorting to litigation or other remedy at law nor in equity to perfect a legal filing prior to the expiration of an applicable statute of limitations or after this OWNER administrative review process is completed. 3. Governing Law; Venue. All parties to the Contract agree that this Contract shall be construed under the laws of the State of Texas, and obligations under the Contract shalt be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Contract or any provision hereot; the same shall be brought in the State District Court of Guadalupe County, Texas. The parties agree to submit to the jurisdiction of said court. ARTICLE XI. SUPPLEMENTAL AND SPECIAL CONDITIONS 11.1 GENERAL — When the work contemplated by the OWNER is of such a character that the foregoing Standard General Conditions of the Contract cannot adequately cover necessary and additional contractual provisions, the Contract Documents may include Supplemental and Special Conditions as described below: 1. SUPPLEh1ENTAL CONDITIONS shall describe any additional procedures and requirements of Contract administration to be followed by the CONTRACTOR, OWNER and OWNER representatives. Supplemental Conditions may expand upon matters covered by the Standard General Conditions, where necessary. 2. SPECIAL CONDITIONS shall relate to terms, conditions and procedures related to a particular project and be unique to that project. - -- 11.2 FUNDED PROJECTS — On State or Federally funded projects, the OWNER may waive, suspend or modify any Article in these General Conditions which conflicts with any State or Federal statute, rule, regulation or procedure, where such waiver, suspension or modification is essential to receipt by the OWNER of such State or Federal funds for the Project. In the case of any project financed in whole or in part by State or Federal funds, any Contract standards or provisions required by the enabling State or Federal statute, or any State or Federal rules, regulations or procedures adopted pursuant thereto that conflict with, or preempt these local Standard General Conditions, shall be controlling. 50616411.3 GC - 33 General Conditions