Loading...
R2006-138 08-28-06 RESOLUTION NO. R2006-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BAILEY ROADNETERANS DRIVE WATER LINE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Bailey Road/Veterans Drive Water Line Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Reddico Construction Company, in the amount of $667,478.60. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Bailey RoadNeterans Drive Water Line Project. PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2006. ~f?~ T<OO--REID MAYOR ATTEST: APPROVED AS TO FORM: f)~ H..CJ- DARRIN M. COKER CITY ATTORNEY / ) \\; ;' \ \ . (>) } \ ./ ?'~) C\ ~,. CITY OF PEARLAND STANDARD FORM OF AGREEMENT SECTION 00500 ~ \ c '?F ~ t, (Jv STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearl and (hereinafter called OWNER or City) ~n\6l>)~':" and Reddico Construction Company, Inc. (hereinafter called CONTRACTOR). V . j1 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Article 2. Installation of 1,300 Linear Feet of 12 Inch Water Line on Veterans Drive, 2,752 Linear Feet of 30 Inch Water Line on Bailey Road and 161 Linear Feet of 12 Inch Water Line on Wells Road City of Pearland, Texas ENGINEER The Work has been designed by Snowden Engineering, Inc. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. 3.1 3.2 CONTRACT TIME The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) calendar days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within thirty (30) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss OS/2006 138300 1942.0 00500-1 CITY OF PEARLAND STANDARD FORM OF AGREEMENT suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars ($200.00) (edit as needed) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current finds as follows (the "Contract Price"): The Contract Price includes the following Alternates accepted by OWNER, if any: For all Unit Price Work, an amount equal to the product of the established unit price for each separately identified item of Unit Price Work times the actual quantity installed of that item as indicated in this paragraph. OS/2006 138300 1942.0 00500-2 CITY OF PEARLAND STANDARD FORM OF AGREEMENT UNIT PRICE WORK Item Item Unit Total Description Estimated Ouantity Units Price EstimatedPrice Item Item Units Unit Price Total Price Description Quantity Mobilization 1 LS 20,000.00 20,000.00 Flagmen 1 LS 3,500.00 3,500.00 Traffic Control 1 LS 2,100.00 2,100.00 Clearing and Grubbing 4,680 SY 0.85 3,978.00 Control of Ground Water and Surface Water 300 LF 25.00 7,500.00 Filter Fabric Fence 3,500 LF 1.20 4,200.00 Reinforced Filter Fabric Barrier 100 LF 2.00 200.00 Trench Safety 3,976 LF 0.20 795.20 12" PYC (C-900), Open Cut 1,020 LF 61.70 62,934.00 12" PYC with Restrained Joints, Open Cut 341 LF 56.50 19,266.50 12" PYCwith Restrained Joints, In Augerr 100 LF 90.00 9,000.00 30" D.I.P. with Restrained Joints, Open Cut 2,615 LF 159.40 416,831.00 30" D.I.P. with Restrained Joints, In Auger 137 LF 175.00 23,975.00 12" Connection to Existing Water Line 1 EA 2,650.00 2,650.00 24" Connection to Existing Water Line 1 EA 7,800.00 7,800.00 30" x 24" Reducer 1 EA 2,500.00 2,500.00 Fire Hydrants, All Depths 10 EA 5,230.00 52,300.00 6" Fire Hydrant Lead 55 LF 18.50 1,017.50 12" Plug 2 EA 300.00 600.00 30" Plug 1 EA 7,140.00 7,140.00 2" Blow-Off 3 EA 350.00 1,050.00 Hydromulch 2,456 SY 0.40 982.40 Sodding 100 SY 6.00 600.00 Asphalt Repair, Installed 156 SY 51.50 8,034.00 Site Restoration 4,500 SY 0.65 2,925.00 Total of all work items: SUBTOTAL Base Bid Items $661,878.60 GRAND TOTAL (Includes Extra Items) $ 667,478.60 OS/2006 138300 1942.0 00500-3 CITY OF PEARLAND STANDARD FORM OF AGREEMENT EXTRA PAY ITEMS Any Extra Work authorized by Change Order or otherwise determined in accordance with Article 7 of the General Conditions shall be payable at the following unit prices: Item Description Cement Stabilized Sand to Obtain Stable Trench Bottom or Manhole Base Machine Excavation to Obtain Stable Trench Bottom or Manhole Base Crushed Rock to Obtain Stable Trench Bottom or Manhole Base Units TON Unit Price 16.00 CY 6.00 CY 42.00 Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account ofthe Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no OS/2006 138300 1942.0 00500-4 CITY OF PEARLAND STANDARD FORM OF AGREEMENT fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the OS/2006 138300 1942.0 00500-5 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 7.4 7.5 7.6 Article 8. Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment and/or Maintenance Bonds (Sections 00610, 00612 and 00620). 8.3 General Conditions of Agreement (Section 00700), including Attachment No.1 Workers' Compensation Insurance Coverage, Attachment No.2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No.3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). OS/2006 138300 1942.0 00500-6 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 8.5 Plans, consisting of sheets numbered 1 through 23 inclusive with attachments with each sheet bearing the following general title: Installation of 1,300 Linear Feet of 12 Inch Water Line on Veterans Drive, 2,752 Linear Feet of 30 Inch Water Line on Bailey Road and 161 Linear Feet of 12 Inch Water Line on Wells Road City of Pearland, Texas W42052 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein 8.7 Technical Specifications for the Work 8.8 The following which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. 9.1 9.2 9.3 MISCELLANEOUS Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. OS/2006 138300 1942.0 00500-7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and ifthere is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. OS/2006 138300 1942.0 00500-8 CITY OF PEARLAND STANDARD FORM OF AGREEMENT This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearl and and upon the following date: I;: 2 cfJ,K:} ,. ..,-..-- ....1 -.....-- ' - OWNER ~~~y~~ Title: @i &t tY/~1a(}uJ Date: ~/dq!Of, Inc. Michael A. Gruy Title: Executive Vice Pre Date: Address (Corporate Seal) ATTEd~ ~---- Terri Bock, 'Secretary Address for giving notices 10083 FM 1484 Conroe, Texas 77303 Phone: 2J~ 1 ,~:r'J-- 1",00 Fax: 2~ I -{A~~ . IIOC- Phone: 936-441-9500 Fax: 936-760-3846 \""""""11 '!It,"'..L. b..RLA A ,:."l ,'" Y"'.:'~::_"'l(} '''oI! /~~1i!~~~ :#0..1 'i :;,.: . = ..v~ 0_ - - ~ - ~ - ~ ;: ~ .......) I ~ ~ ",.. ~,.. ;,,. \,.. o"""lIn,,"\ Agent for service of process Michael A. Gruy Executive Vice President END OF SECTION OS/2006 138300 1942.0 00500-9 CITY OF PEARLAND BOND NO. 61BCSEBB550 CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor, Surety, OVl1~ER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Reddico Construction Company, Inc. 10083 FM 1484 Conroe, Texas 77303 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company 690 Asylum Avenue Hartford, Connecticut 06115 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand, Four Hundred Seventy-eight and 60/100 Dollars ($667,478.60) Description (Name and Location): Installation of 1,300 Linear Feet of 12 Inch Water Line on Veterans Drive, 2,752 Linear Feet of 30 Inch Water Line on Bailey Road and 161 Linear Feet of 12 Inch Water Line on Wells Road City of Pearland, Texas BOND Date (Not earlier than Contract Date): Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand. Four Hundred Seventy-eight an 60/100 Dollars ($667,478.60) Modifications to this Bond Form: None Signature: Name and Title: Michael A. Gruy, / Executive Vice Pre Steve Berry Attorney- In- Fa 00610 - Page 1 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF PEARLAND WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators, successors, and assigns to the OWNER for the performance ofthe Construction Contract, which is incorporated herein by reference. 2. Hthe CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 hereinafter. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at its address (described in Paragraph 10 below) that the OWNER is considering declaring a CONTRACTOR Default and that the OWNER has requested and attempted to arrange a conference with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Construction Contract. lfthe OVv'NER, the CONTR.i~\..CTOR, and Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the OWNER's right, if any, sUQsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and f01TI1ally terminated the CONTRACTOR's right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the OWNER. 4. When the OWNER has satisfied the conditions of Paragraph 3, the Surety shall, within thilty (30) days after notice of default, and at the Surety's expense, take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Construction Contract; or . 4.2. Undertake to perform and complete the Construction Contract itself, through its agents, or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Construction Contract; arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and pay to the OVv'NER the amount of damages, as described in Paragraph 6 hereinafter, in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default; or 00610 - Page 2 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF P EARLAND 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor with reasonable promptness under the circumstances: 4.4.1. After investigation, determine the amount for which it may be liable to the OVVNER and, as soon as practicable after the amount is determined, tender payment therefor to the OVVNER; or 4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. lfthe Surety does not proceed as provided in Paragraph 4, the Surety shall be deemed to be in default on this Bond. The OWNER shall be entitled to enforce any remedy available to the OWNER. lfthe Surety proceeds as provided in Subparagraph 4.4 above, and the OWNER refuses the payment tendered, or the Surety has denied liability, in whole or in part, without further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities ofthe OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price, and subject to mitigation of costs and damages on the Construction Contract, the Surety is obligated and subj ect without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective work and completion of the Construction Contract; 6.2. Additional legal, design professional, and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above; and 6.3. Liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall aCClue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after CONTRACTOR Default, or within one year after the CONTRACTOR ceased working, or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. lfthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 00610 - Page 3 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF PEARLAND 10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constlllction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom, and provisions conformmg to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price. The total amount payable by the OWNER to the CONTRACTOR under the Construction Contract after all contractual adjustments, have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other claims for damages to which the' CONTRACTOR is entitled, reduced by all valid and proper payments made to which the CONTRACTOR, in accordance with the Contract, is due. 12.2. Constlllction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perforn1 and complete or comply with the other terms thereof. END OF SECTION 00610 - Page 4 of 4 CONSTRUCTION PERFORMANCE BOND CITY OF PEARLAND BOND NO. 61BCSEB8550 CONSTRUCTION PAYMENT BOND Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Reddico Construction Company, Inc. 10083 FM 1484 Conroe, Texas 77303 SlJRETY (Name and Principal Place of Business): Hartford Fire Insurance Company 690 Asylum Avenue Hartford, Connecticut 06115 OWNER (Name and Address): City of Pearl and 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand, Four Hundred Seventy-eight and 60/100 Dollars ($667,478.60) Description (Name and Location): Installation of 1,300 Linear Feet of 12 Inch Water Line on Veterans Drive, 2,752 Linear Feet of 30 Inch Water Line on Bailey Road and 161 Linear Feet of 12 Inch Water Line on Wells Road City of Pearland, Texas BOND Date (Not earlier than Contract Date): Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand, Four Hundred Seventy-eight and 60/100 Dollars ($667,478.60) Modifications to this Bond Form: None CONTRACTOR AS PRINCIPAL Company: Reddico Construction Co y In. { p (Corp. Seal) SlJRETY Company: Hartf C (Corp. Seal) Signature: Name and Title: Michael A. Gruy Executive Vice Presldent 00620 - Page 1 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Makes payment in accordance with the normal and customary course of business, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless the OWNER from claims, demands, liens, or suits by any person or entity whose claim, demand, lien, or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the OWNER has notified the CONTRACTOR and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits, tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety within forty-five (45) days of actualknow1edge of the event, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR makes payment in accordance with the normal and customary course of business, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by, or have a direct contract with, the CONTRACTOR have given notice to the Surety (at the address described in Paragraph 12 following) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, specifies the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 4.2.1. Have furnished written notice to the CONTRACTOR and have sent a copy, or notice thereof, to the OWNER, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 4.2.2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received, within thirty (30) days offumishing the above notice, any communication from the CONTRACTOR by which the CONTRACTOR has indicated the claim will be paid directly or indirectly; and 4.2.3. Not having been paid within the above thirty (30) days, have sent a written notice to the Surety (at the address described in Paragraph 12 following) and have sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy ofthe previous written notice furnished to the CONTRACTOR. 00620 - Page 2 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND 5. Ifa notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. Wilen the Claimant has satisfied the conditions of Paragraph 4 above, the Surety shall promptly, and at the Surety's expense, take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within forty-five (45) days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the CONTRACTOR furnishing, and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Construction Contractor are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the OWNER, Claimants, or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond and shall have, under this Bond, no obligations to make payments, to give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one (1) year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of Paragraph 4 are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed by certified or registered mail to the address shown on the signature page. Actual receipt of notice by the Surety, the OWNER, or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed 00620 - Page 3 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a corrunon-law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions. 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR, or with a subcontractor of the CONTRACTOR, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include, without limitation in the terms, "labor, materials, or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract; architectural and engineering services required for performance of the work of the CONTRACTOR and the CONTRACTOR's subcontractors; and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR, as required by the Construction Contract, or to perform and complete or comply with the other terms thereof. END OF SECTION 00620 - Page 4 of 4 CONSTRUCTION PAYMENT BOND CITY OF PEARLAND BOND NO. 61BCSEB8550 CONSTRUCTION MAINTENANCE BOND Any singular reference to Contractor, Surety, OWNER, or other party shall be considered plural where applicable. . CONTRACTOR (Name and Address): Reddico Construction Company, Inc. 10083 FM 1484 Conroe, Texas 77303 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company 690 Asylum Avenue Hartford, Connecticut 06115 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CONTRACT Date: Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand, Four Hundred Seventy-eight and 60/100 Dollars ($667,478.60) Description (Name and Location): Installation of 1,300 Linear Feet of 12 Inch Water Line on Veterans Drive, 2,752 Linear Feet of 30 Inch Water Line on Bailey Road and 161 Linear Feet of 12 Inch Water Line on Wells Road City of Pearland, Texas . BOND Date (Not earlier than Contract Date): Amount (In Numbers and Words): Six Hundred Sixty-seven Thousand, Four Hundred Seventy-eight and 60/100 Dollars ($667,478.60) Modifications to this Bond Form: None Signature: Name and Title: Michael A. Gruy, Executive Vice Presl (Corp. Seal) 00630 - Page 1 of 4 CONSTRUCTION MAINTENANCE BOND CITY OF PEARLAND WHEREAS: 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators, successors, and assigns to the OWNER for the performance of the Construction Contract during the warranty and guarantee periods, which is incorporated herein by reference. 2. Ifthe CONTRACTOR repairs any and all Defects in Work during the maintenance period, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. Ifthere is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at its address described in Paragraph 10 below that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Construction Contract. If the OWNER, the CONTRACTOR, and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Warranty Work, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Warranty Work. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.1; and 4. When the OWNER has satisfied the conditions of Paragraph 3 above, the Surety shall, within thirty (30) days after notice of default, and at the Surety's expense, take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Warranty Work; or 4.2. Undeliake to perform and complete the Warranty Work itself, through its agents or through independent contractors; or 4.3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 4.3.1 After investigation, determine the amount for which it may be liable to the OWNER, and as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.3.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. 00630 - Page 2 of 4 CONSTRUCTION MAlNTENANCE BOND Cl1YOF PEARLAND 5. If the Surety does not proceed as provided in Paragraph 4, the Surety shall be deemed to be in default on this Bond fifteen (15) calendar days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in Subparagraph 4.3, and the OWNER refuses the payment tendered, or the Surety has denied liability, in whole or in part, without further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete the Warranty Work, and if the Surety elects to act under Subparagraph 4.1 or 4.2 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those ofthe OWNER under the Construction Contract. To the limit of the amount of this Bond, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective work; 6.2. Additional legal, design professional, and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above; and 7. The Surety shall not be liable to the OWNER or others for obligations ofthe CONTRACTOR that are unrelated to the Construction Contract. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after CONTRACTOR Default, or within one year after the CONTRACTOR ceased working, or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law; the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common-law bond. 00630 - Page 3 of 4 CONSTRUCTION MAlNTENANCE BOND CITY OF PEARLAND 12. Definitions. 12.1. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.2. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract, or to perform and complete or comply with the other terms thereof. END OF SECTION 00630 - Page 4 of 4 - CONSTRUCTION MAINTENANCE BOND Direct Inquiries/Claims to: POWER OF ATTORNEY :~~s~~~1~~:D HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-614081 [K] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut [K] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [K] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana [=:J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Kimberly J. Smith, Richard D. Bright, Steve Berry, Nancy T. Berry, Morris D. Plagens, Jr. of Houston, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~~"I''''~ .t~~'" l"~~ i ~e;f4~~/~;_ i:: * ;::E ~b:;i \::.;...197 'i / if ~ 1 nw;,-; ,+~~............;.~~ ~... ..~.... "f>.",,~,. ,..,..... \(j \::0{, ,~~~~'N'-.r- f~O c{. ~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} 55. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David 1. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. -<!)cA02~~ CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31,2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of , 2006. Signed and sealed at the City of Hartford. 1!2.."....,~ ~ ~i{~);~ \~..ISl7~iJ ~~:';~;;\'S * <;< /' '." (i{)IJJJ:J;;;. t Gary W. Stumper, Assistant Vice President POA 2004 . ..;;)' ThE~ FLurrFOHD InQuiries Ree:ardine: Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Claims E-mail 888-266-3488 860-757-5835 or 860-547-8265 claims@lstepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus, as determined by our Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. Form F-XXXX-O Printed in U.S.A. ACORDN CERTIFICATE OF LIABILITY INSURANCE OP ID B~ DATE (MMlDDIYYYY) REDD-C2 08/24/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Guaranty Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 4745 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77210-4745 Phone:713-939-9898 Fax:866-652-9382 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Transcontinental Insurance Co. 20486 INSURER B: NationalFirelnsCo of Hartford 20478 Reddico Construction Co. , Inc. INSURER C: Continental Casualty Company 20443 10083 FM 1484 INSURER 0: Texas Mutual Ins. Co. 22945 Conroe TX 77303 INSURER E: Hanover Insurance Comnanv 22292 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PD~~~1J~rJ~,w;E Pgk!PE\~~hRif'~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY TCP2079710203 10/01/05 10/01/06 PREMISES (Ea occurence) $100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5,000 X CONTRACTUAL PERSONAL & ADV INJURY $1,000,000 - X Incl XCU GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG ,$2,000,000 i POLICY !xl ~r8T n LOC I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 f---- B ~ ANY AUTO BUA2079710217 10/01/05 10/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY f- $ SCHEDULED AUTOS (Per person) f-- I HIRED AUTOS BODILY INJURY f- $ NON-OWNED AUTOS (Per aCCident) f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ cl EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $3,000,000 t!J OCCUR D CLAIMS MADE CUP2079911731 10/01/05 10/01/06 AGGREGATE $3,000,000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I T~~YS~~WS I IOTH- ER D EMPLOYERS' LIABILITY 10/01/05 10/01/06 $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE TSFOOOl109878-20051001 E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER I I I E Equipment IHD7601576 10/01/051 10/01/06 Rent/Leas $250,000/ Occurrnce $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Installation of 1300 Linear Feet of 12" Water Line of Veterans Dr, 2,752 of 10" Water Line on Bailey Rd and 161 Linear Feet of 12" Water Line Wells Road See Attached **Page 1 of 2** CERTIFICATE HOLDER CANCELLATION CITPEA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, StlT ~HEili:IlaW'WSIIAlL CITY OF PEARLAND P.O. BOX 1157 PEARLAND TX 77581 IMP8SE rJ8 8BLl8MISfJ 8R L1^BIU'fY er AU\' 1'CltJB I:JP9tJ Tl1~ Itl~WR'R, Fn: A~~tIT~ OR @ACORDCORPORATION 1988 ACORD 25 (2001/08) Additional Insured in favor of City of Pearl and as respects the General and Auto Liability when required by written contract. waiver of Subrogation in favor of City of Pearland as respects the General and Auto Liability and Workers' Compensation when required by written contract. Primary and non-contributory as respects the General Liability when required by written contract. Umbrella policy follow form eNA Reddico Construction Policy No. TCP2079710203 G-140331-A (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following: SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A WHO IS AN INSURED (Section II) is amended to ;"1clude as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. G-140331-A (Ed. 01/01) 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. 4. 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 surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: Page 1 of 2 e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 1. We have no duty to defend or indemnify an additional insured under this endorsement 0> ~ Mi '" 0> ~ i ~ ~ ~ --- - - - = - - - - - G-140331-A (Ed. 01/01) G-140331-A (Ed. 01/01) until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 SNOWDEN ENGINEERING, INC. August 11, 2006 2524 Westminister Pearland, Texas 77581 Phone: (281) 485-2028 Fax: (281) 485-5473 E-Mail snowenginc@sbcgloba1.net Mr. Cecil Bowery Project Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Dear Mr. Bowery: Re: City of Pearland Water Line Project Veterans Drive/Bailey Road Bid Tabulation Snowden Engineering, Inc. (SEI) has performed the bid tabulation for the bids received on August 10, 2006 for the above referenced project. Reddico Construction Company, Inc. is the low bidder with a bid of $667,478.60. Their figures as well as the figures of the other contractors were checked and found to be correct. Additionally, we checked references for Reddico Construction Company, Inc. and found them to be satisfactory. They were highly recommended as a contractor. We appreciate the opportunity to be of se:vice to you as wel! as the City of Pearland and have enjoyed working with you and the professionalism you exhibited throughout the project's development. If you should have any additional questions or need further information, please feel free to contact us. Sincerely, (/)~ 1-J. ~ I) Dr. James D. Snowden, P.E., RP.L.S. President JDS/des Attachment Consulting Engineers . Surveyors I VI C lJl -I -" o 0 -I 0 -I > S r > m r >< lJl;ti~ o > 01 " :::j 0 ;0 m 0 c=; 3: m VI U> -" o~~ <oc.nc.n Ol g g ~ 0 0 000 o U> OJ U> u> OJ01~ -.JOlN "".!>. 0 0 -.J 0 !=' CO 0 0 moo o U> ~~~ -.J.I\.) 0 ""...J 01 0 W !=' 0 OJ 0 0 :".. 0 0 o U> -" o~~ ~""...Ju, Co~g g; 0 0 i:.v 0 0 o ~ N~~ i5~g N 0 0' S; 0 0 000 o I\.) CO S::O Ql ~ ::J C ::ren o ::r _CD CD a. CO;lJ Ql 0 en () CD '" 01 o 0" iii S' VI iii 0" CD -I CD ::J () ::r CO 9- o 3 ~ o -< U> ~ I\.) o o U> 01 o o o ~ 01 o o U> 01 o o o U> W cD N 01 I\.) -.J I\.) I~ OJ I;' o 0 I~ ~CD -I s:: ~ m ~ ~ 3: .~ ~ VI IQ. VI CD iii coO" Ql = en N' CD CD 0. VI Ql ::J 0. o o 0" iii S' VI iii 0" CD -I CD ::J 9- CO 9- o 3 S::S:: Ql Ql ::J () ::r::r Q. S' CD CD com Q) :'t'~ ~ fJ < ~ o' ::J o o 0" iii S' VI iii 0" 10 -I CD ::J () ::r co o S' 3 Q o -< -I o ::J -" o o 01 o u> I\.) 01 o o U> W o o o U> I\.) u, o o o o U> -" 01 o o o o u> OJ o o ~ OJ o o u> OJ o o o o U> co o o o o u> I\.) 01 o o U> -" 01 o o U> I\.) u, o o o o U> -.J 01 o o o U> -" o o o U> I\.) 01 o o U> -" o o o o o U> -" N 01 o o o U> 01 o o U> I\.) o o o U> 01 o o o o U> -" o o o o o U> -" -" u, o ~ cD o o ! CD ~ ~ ~ ~ ~ ~Iw ~ ~ m ~ ~ W N ~ 0 cD co -.J OJ 01 ~ W I\.) -" 3 (!l )> VI I CD ~ 8. "a ;o::Tc.a lJl ~~. g o ~ n ~ ~ ::r g" .=to ::J en 9I CD 0. ~ ~ ~ ~-o-o :E C C 6tOtO ~ I:J I:J o o 3 '0 10 CD S' -0 Cil () CD VI C lJl -I o -I > r lJl ~ ~ ~ ~ ~ ~ ~ ~ C;; ~ ~ ~ ~ C;; C;; C;; C;; C;; C;; C;; C;; C;; ~ G G G m lJl o :::j m 3: VI ~ I\.) '"c.n ~ ~ w.a::.,. o S!! 00 01 o v, OJ ~~ u>U>u>u> mC;wf\J u,ou,u, o 000 U> ~~(I) (1)(1) ~~...l.~..(J)01 .~~~~~~ ~06066 6goooo o u>U>u>u> o~(j)o m u, 0 :".. 01000 U> OJ U> U> ~~~~~ CoI\.)Woco -.J01~OI\.) co 0 0 0 :".. moooo o 6" 0 m m x x ~ ~ S. :5" to to ::2: ::2: Ql Ql ~ ~ r r :;;" 5' CD CD W -" I\.) 01 -" 01 0 I\.) -" W W ~ ~~g~~~g~g~ ""...Ju, 01 0 o 0 o 0 o 0 u>u>~~~~u>u>~~ O1Wu,OOu,~l\.)co~ g01ooooo~oo gg~~~~gggg U>u>u>u>U>u> ~I\.)~I\.)~W o 0 0 0 0 0 000000 ~U>~ 01 .-.J 01 0010 g g 0 o !=' g 0 g ~~~ u,om 001\.) o 0 01 o 0 0 000 U> u>U>u>u>u> u>u> U> f\J(I)~(I)01O)...l.~~~~(I)~...l....l.~f\J ~~~~~~co-.JOJ~~~~~01~01 oggg~~g~~~ggg~gog 00' ooo!='o!='!='!='ooooooo' 00' 600, 000000000 00 0 o 00000 00 0 u>U>u> ~~~~U>U> w"~w~;...,c.no,o>:::J--" ~~~g:~gg~01~ 000 0 000 0 g :".. o 0000 0 u>u>u>u>u>u> ~~~R;~;:; g~~ooo U> U>u>1\.) ~ 0 <5 o i::o 0 o 01 0 o u>U> W ~ ~o !=' g o 0 o 0 U> U> -" .-.J 0-" 01 ~ o 0 o 0 o 0 ~~~E~~~~~~~~~t~E~~~ g~~oo01~ooomw~goo~o~8 o -.J 0 0 0 0 01 ~ 0 OJ ~ N 0 0 0 co 0 0 0 ou,ooooo Ou,ooooooooo oooooogooo 000000 u>u>u>u>~~~u>~~~~~ 1\.)~~oo"".!>.oOJ"'OOol\.) . ~.. 000000000 ~gg~060g66660 000 00000 ~~~ (1)(1)(1)(1) .(A -"........0) l\.)-.JcowU>U>~I\.)u> ~"""~"'..JON o............,".....JO, ooou,ooooggg gooooooooooo 000 ~~U>U>U>~U>U>U>~U>U>U>~~U>~~~U>U>U>U> ~~~~~-"~~~~~~~~~~~~m~~~~ ~~~6~gg6~~~~~~~~~~~~~~~ ~ggooggooooooggooog 000 u>U>u>u> ~ ~ W 0 Cou,NU, o 0 0 0 u>U>u> U>U>U>u>u>u>u> ~~~~l\.)l\.)cD(OWI\.)-" ~~~6~~~~E~~ oooo~ol::loooo ~~~~~~~ .......,j.......!=> ...l.(}1 ~~o~gg~ U> b~~(I)~~~~ -.JI\.)OwN"".!>.CoCO ~~~~I\.)01I\.)~ m6~g6~~0l::l i:.v 0 0 0 0 o u>U>u>u> -"~~o o 0 0 u, o 0 0 0 u>U>u>u> wl\.)l\.)(OU> '" .co ""...J u, cD o ...l. ........ ....... 0 00' 8l!=' ~ 6 o ...l. 1'-' 0 000 0 u>U> ~ -.J ..f'\) ~ ~Co f>- ffi -" 0 o 0 u>u>u> u>u>u>U>u>U> C;~~~~W_~~c5~_~ g~81o~~o' ~g~~~~01 6~oooooo;;;i::oo 000 000000 U> U> U> -" -" I\.) -" -" OJ ""...J-.Ju, 000 000 o 0 0 000 u>u>u> o en ~ ~t~ cD (0 01 m i::o 0 000 U>~U>U>~~~U>U>U>U>~U> CO",I\.)WOU,CoOJOJW-"01-" OoOO1oooO-.Jow I\.) 60000000011\.)01OJCO oggoggggggggg u>u>U> u>u>u>u>u>I\.)OJ~ N...Jo....l.~WOOo ommooggg 0010100000 000 ~U>U> ~U>U> U>~U>~ ~~~~~U> U>U>~U>U>~ ~~~~N~E~~~~Co~~~~~~~~~~~~~~ ""...J gg 00' ~ggoo' ~oggoo' -.J~OcD~~010' ~g~ggo ~0000000000' ooo~o!=,OJo' 000000000 OJoo 000 0 00 000 00 000000 g 0 00000 0 0 u>u>u>u>~ ~~t:;~ 0010O1~ ~u>u>~~~~u>u>~ "".!>.~~CoOl""...Ju,~~o ~CO~WcD(O~cDE1; ~~~~~~~~O10 U>U>u>u>u>U>u> ~:!9-"--"~-\. OO-.J~NNU, CD(J10C'O.....U1,p.. u>u>U> OJOJ~ ~~tv (0 I\.) 8 (0 :".. ~ 00101 lJl~ ~ > o tAro Q. m 3 -I lJl 0 o 0 CD ~ =i ~ CD m :::!. c: 3:-g Vlg o C m Ql en ::J _ ~ c. .:z I )> 3 o C ~ co c: c ~ m !!'. -0 3' ~ Ql (i" CD CD a. C ~. m en )>~ 3 3 o ~ C CD ::J 0. -co c: C ::J ;::;: 41 o' CD )> 3 o C ~ co c: c ~ 41 @. )> 3 o C ~ III c: c ~ 41 @. )> 3 o C ~ co c: c ~ 41 @. )>0 <15 0 -0 ~ ::J ""'" Q) ~ -. to Ql () CD () CD ~ CO ::J ...... ;::::;:CIJ I I ! -H I I I I i i I, m ::J to S' CD ~ en. m !!'. 3' Ql CD < m -I ;lJ m CD ::2: ;lJ g)>)>o ~rrT1ti~ o;lJOo o c: ;lJ ." ::J Z <: !!'.mm-o 2-oQo~ ~;lJco;lJ g' 0 ~ ~ <- r ommz () ~ -< 0 ;lJ o )> o ::J " -I CD X Ql en VI ~ S' to o o II o' ::J r- -0 s:: ~ o o ~ o o ::J ~ C ~ o' ::J r -0 ~ -0' 10 co VI CD < o CD .en r- r- -0 J1 0 0 <0. - Q) ~ 0 0 Gi 0 0 CO a- Q) J:: U 0 .s 0 '<t 0