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C2014-213 - 7/15/2014 - Approved
2014-213 7/15/14 - , M2014-092 .--- - - -- , Palwins Marine &Industrial CONTRACT DOCUMENTS FOR CONSTRUCTION OF G p,,, F E N w it 0 n 4 i iii-A c pc vvi AT 5: r.r.4 _ ' _ 'Sill k:'', Z: icL;' '....:; :: it k.,49 L. J 1,- . 11. u-\&, .. , , T "Irt INi - PLANT PROCESS , Fil 7 4 P fr7 v-.;-, tr. A fra 1.‘, R/4V., 1; ' E rgABI MAT] 0 Ali " r - - Tr pLpr _ r 'l 1 ,. ; 4 i. -ma[7..x71 16"11 3 Et Nd i-i •• P Rai E CT N UM BE.:ri E 130 26 , . . FUNDING SOURCE FY 2013/14 „.,-....„ ,...- „ - 1,,,Z4";!1$;,- ''` ',:''': .. • - ..,':',..sCx: ....... ....!_s• I . As eit-t j t" ..:.!t.:: ::.;:',1 i-77; .-• „„ii ":?.(/''it 1 , M .., .. * ;: Pk4.,-7- p • * • I '''. "k ........ ...... ........ ..'... t,'ik-li •:'..:1_'::7 h.;:17tf:47, il..fy1MK A. MAROkY .1: lay&rf, r4i•ri 7—J1U e .. .. ......... .........., / A SUBMITTED BY: titiv `.,-''' ':ij;:;-:Z;:-732::- lo ,,...2-4.- \ 4`'i,'•ile ,,,,,„t"ti j 7,410,3'11- ..,, Pli U R ELAN / It',',, t !,,;-, \--\\:‘:-.-- _,._ 14 , ' ENGINEERING (-1 i t\T t e---,1-1.2 . l. - ',..._, k y' 0 it . ,. eV - 2725 Swantner .. . Corpus Christi,TX 78404 .__ or us 361-854-3101 I 4... TUE Firm#145 Christi :, , . 2 , TBPLS Firm#10032400 i;.._,,• _. _ ' March 6, 2014 .-. , . ..... . E L 00.1 00 TABLE OF CONTENTS L 1 Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement 00 6113 Performance Bond 00 61 16 Payment Bond 00 72 00 General Conditions 00 72 01 Insurance Requirements 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 0131 13 Project Coordination 1 01 31 14 Change Management 01 33 00 Document Management 0133 02 Shop Drawings 0133 03 Record Data I Table of Contents 00 0100-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I Division/ Title Section 01 33 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 0135 00 Special Procedures 0140 00 Quality Management 0170 00 Execution and Closeout Requirements Part S Standard Specifications i 027604 Disposal of Waste from Sanitary Sewer Cleaning Operations Technical Special Provisions Part T Technical Specifications 3A1 Concrete Formwork 3131 Concrete Reinforcement I 3C1[1] Normal Weight Aggregate Concrete 3C4[1] Concrete Structures 3F1[1] Epoxy Grout Concrete Repair 5A1[1] Structural Steel and Other Metals 9J1[5] Coating of Concrete Walls 9K1 Painting 9M1 Painting 10C1 Heavy Duty Fiberglass Grating 13C Repairs,Additions and Modifications of Existing Structures I 13C1 General Requirements 13C2 Modifications/Rehabilitation for Influent Structure 13C3 Modifications/Rehabilitation for Primary Clarifiers No. 1, No. 2 and No.3 13C4 Modifications/Rehabilitation for Primary Clarifier No.4 13C5 Modifications/Rehabilitation for Primary Digester No. 1—Pump House Improvements 13C6 Modifications/Rehabilitation for Primary Digester No. 1, 2,3, and Secondary Digester Cleaning and Coating 13C7 Modifications/Rehabilitation for Aeration Basin Slide Gate Replacement 15E2[2] Mechanically Operated Slide Gates I 15E3[1] Mechanically Operated Sluice Gates I Table of Contents 00 0100-2 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 t L 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement, Funding Source FY 2013/14 Project Number: E13026 A. This project consists of removal of existing tilting weirs; installation of new slide gates; removal and replacement of fixed weirs and baffles,steel grating, isolation valves,clarifier scum baffles and sluice gate; cleaning and coating of existing clarifier scrapper equipment and troughs and digester covers and miscellaneous items of work required to complete the project in accordance with the plans and specifications. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$718,100.00. The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on 2:00 PM,Tuesday,May 13, 2014 at the following location: Conference Room,3`d Floor 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. I Invitation to Bid 00 11 16-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the I award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. I ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation I Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. I 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. I ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will I enter into a contract for the Project with the Owner within 7 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. Il 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00 PM, Wednesday May 21,2014 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street 111 Corpus Christi,Texas 78401 Attention: City Secretary Bid—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement, Funding Source FY 2013/14, Project No. E13026 I I Invitation to Bid 00 11 16-2 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I C ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION C C C C C I C I I Invitation to Bid 00 11 16-3 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-Owned,Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory I Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Pollution Liability/Environmental $2,000,000 Per Claim Impairment Coverage Not limited to sudden and accidental 0 Required x Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price 0 Required x Not Required Installation Floater Equal to Contract Price 0 Required x Not Required Owner's Protective Liability Equal to Contractor's liability insurance 0 Required Z Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I • I I B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas I to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the II required insurance. I. Owner does not represent that the insurance coverage and limits established in this I Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: I 1. Claims under workers'compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. I Insurance Requirements 00 72 01-2 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody,or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; EA e) Any loss to property while in transit; f) Any loss at the Site; Insurance Requirements 00 72 01-3 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the I Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance 3 adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I L H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current;earthquake;volcanic activity, and other earth movement;flood; collapse;explosion;debris removal; demolition L Insurance Requirements 00 72 01-5 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood);and such other perils or causes of loss as may be specifically required I by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current; earthquake;volcanic activity,and other earth movement;or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise 3 agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning I property items, such as tools, construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. I 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified 1 in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. I Insurance Requirements 00 72 01-6 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I L B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers,directors, members, partners, employees,agents,consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. 1 D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101; or I Insurance Requirements 00 72 01-7 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 3 I 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and3 documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. 3 B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 3 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers'compensation I Insurance Requirements 00 72 01-8 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons Insurance Requirements 00 72 01-9 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I I providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project;and b. A new certificate of coverage showing extension of coverage, prior to the end of I the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 3 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1) -(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading3 information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. I Insurance Requirements 00 72 01-10 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 I L END OF SECTION L I L t L L C L I C C I Insurance Requirements 00 72 01-11 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 15, 2014 , is between the City of Corpus Christi (Owner) and Palacios Marine& Industrial Coatings, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project No. E13026 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: Engineering Services Albert Pardo, P.E.—Construction Engineer 1201 Leopard Street Corpus Christi,TX 78401 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$300.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$300.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 716,043.51 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress,and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 00 52 23-3 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost, progress,and performance of the Work; 2. The means, methods,techniques, sequences,and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Cbntractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 00 52 23-4 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company* if Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 00 52 23-5 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 The Effective Date of the Contract is Ayi.G.s. . ATTEST CITY OF CORPUS CHRISTI .14-rte►-C�/"C f�e...L4 City Secretary Natasha Fudge, P. . Acting Director Capital Programs (Engineering) APPROVED AS TO LEGAL FORM: 1.1{ -- 1 1 Au I nuc 46. Veronica Ocanas SECRMTA• Senior Assistant City Attorney ATTEST(IF CORPO ATION) CONTRACTOR fat, $. 1 ' 4 I t- _J" (Seal Below) By: • Note: Attach copy of authorization to sign if Title: , t( ! �( �5i�(4\ person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer,or Chief P 0 ey).k g l J Financial Officer Address Palari,03 TX -1,1 City State Zip &4— g�3—53Rd ? (—g9.3—5 30( Phone p Fax C)q( vc- bS VYvcri rices(Y1t�uS�Y�.(- Ccx1` E`Mail END OF SECTION Agreement 00 52 23-6 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:Wednesday,May 21,2014 1.02 Submit Bids to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project No. E13026 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No Addendum Date _Signature Acknowledging Receipt / /i %xk ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. Bid Form 00 30 00-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: Palacios Marine &Industrial Coatings, Inc (typed or printed full legal name of Bidder) By: "/V-42 ‘/E (individual's signature) Name: Rick Buentello (typed or printed) Title: Vice President of Municipal Operations (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 1-55-0831222-8 Address for giving notices: P 0 Box 875 Palacios Texas 77465 Phone: 361-893-5390 Email: rick@palaciosmarineindustrial.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Form 00 30 00-5 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 00 30 01 BID FORM EXHIBIT A Project: Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project No.E13026 Owner: City of Corpus Christi,Texas Bidder: Palacios Marine&Industrial Coatings,Inc. Bid Date: May 21,2014 OAR: Designer: Urban Engineering Basis of Bid '.11:a1 14.k u B1rIS? i t 1bI1L., JiiJ.-Jas t w5l I Ia 1 viiJWL of Items in Base Bid(excluding Allowances)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT A-01 Bonds/Insurance L5 1 $10,500.00 $10,500.00 A-02 Move In/Move Out LS 1 $7,000.00 $7,000.00 A-03 Influent Structure Improvements LS 1 $233,973.91 $233,973.91 A-04 Primary Clarifiers 1,2,3-Scum Baffle and Supports LS 1 $174,344.04 $174,344.04 A-05 Primary Clarifiers 1,2,3-Crack Repair LF 531 $18.00 $9,558.00 A-06 Primary Clarifier No.4 Coating LS 1 $42,797.10 $42,797.10 A-07 Digester Pump House Beam Supports LS 1 $3,623.19 $3,623.19 A-08 Digester No.1 and Secondary Digester Dome Coating LS 1 $90,150.00 $90,150.00 A-09 Digester No.2 and 3 Dome Coating LS 1 $87,972.41 $87,972.41 A-10 Gas Valve Installation LS 1 $4,124.86 $4,124.86 A-11 Aeration Basin Sluice Gate Replacement LS 1 $32,000.00 $32,000.00 A Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A-01 through A-11) $ 696,043.51 • Allowances in Base Bid per SECTION 0123 10 ALTERNATES AND ALLOWANCES B-01 Utility Allowance LS 1 20,000 20,000.00 B Total Allowance Amount(Sum of Extended Amounts for Each Allowance Line Item) $ 20,000.00 BID SUMMARY Total Project Base Bid(Part A+B)= $ 716,043.51 Contract Times Bidder agrees to reach Substantial Completion in 180 days Bidder agrees to reach Final Completion in 210 days • Bid Form Exhibit A Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement-E13026 00 30 01-1 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ® Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: Palacios Marine &Industrial Coatings,Inc. (typed or printed) _R By: (signature--attach evidence of authority to sign) Name: Rick Buentello (typed or printed) Title: Vice President of Municipal Operations Business address: P 0 Box 875 Palacios Texas 77465 Phone: 361-893-5390 Email: Rick@palaciosmarineindustrial.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by N.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 11 Name of person who has a business relationship with local governmental entity. N.) I Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. dl 51 toi st Signature of erson doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest CZSUPPLIER NUMBER TO BE ASSIGNED BY CII Y = PURCHASING DIVISION war City oDISCLOSURE OF INTEREST CITY OF CORPUS CHRISTI Corpusus Chnsti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with ''NA". See reverse side for Filing_ Requirements. Certifications and definitions. COMPANY NAME: Palacios Marine &Industrial Coatings, Inc. P.O. BOX: 875 STREET ADDRESS: N/A CITY: Palacios ZIP: 77465- FIRM IS: I. Corporation X 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest' constituting 3%or more of the ownership in the above named "firm." NameN/A Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City' of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Rick Buentello Title: V.P. of Municipal Operations (Type or Print) Signature of Certifying Date: / Person: v( - 5/2-01 -0/ S� DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. • 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project No. E13026 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: Palacios Marine &Industrial Coatings, Inc. (typed or printed) By: / � ° ( (signature--attach evidence of authority to sign) Name: Rick Buentello (typed or printed) Title: Vice President of Municipal Operations Business address: P 0 Box 875 Palacios Texas 77465 Phone: 361-893-5390 Email: Rick@palaciosmarineindustrial.com END OF SECTION Non-Collusion Certification 00 30 06-1 E13026—Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement 11-25-2013 PB10549400091 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Palacios Marine&Industrial Coating,Inc. Name: Philadelphia Indemnity Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): P.O. Box 875 One Bala Plaza Ste 100 Palacios,TX 77465 Bala Cynwyd, PA 19004 Physical address(principal place of business): Owner Same as above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Pennsylvania By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): #E13026 Greenwood Wastewater Treatment 469-221-7977 Plant Process Rehabilitation/Replacement Telephone (for notice of claim): same as above Local Agent for Surety Insurance Network of Texas Name: Award Date of the Contract: July 15, 2014 Address: 143 E. Austin, Giddings, TX 78942 Contract Price: $716,043.51 Telephone: 979-542-3666 Bond i RJN@INTonline.com Email Address: July 21, 2014 Date of Bond: The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent maybe obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pri CI ane Industrial Coating, Inc. �pal los aSurety Philadelphia Indemn'� a.� mpa ARTPa '/ Signature: Signature: �a Name: J(jCicirdCL Name: Robert James Nitsche Title: Ce 1 61cder i- Title: Attorney-in-Fact Email Address: i id ,* a t t . kg g . Email Address: RJN@lNTonliine.com Vlc tt ;ct.c (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Corpus Christi Standards-Regular Projects 7-8-2014 PB10549400091 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Palacios Marine&Industrial Coatings,Inc. Name: Philadelphia Indemnity Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): P.O. BOX 875 One Bala Plaza Ste 100 Palacios,TX 77465 Bala Cynwyd,PA 19004 Physical address(principal place of business): Owner same as above Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 Pennsylvania By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): #E13026 Greenwood Wastewater Treatment 469-221-7977 Plant Process Rehabilitation/Replacement Telephone (for notice of claim): same as above Local Agent for Surety Name: Insurance Network of Texas Award Date of the Contract: July 15,2014 Address: 143 E.Austin,Giddings,TX 78942 Contract Price: $716,043.51 Bond Telephone: 979-542-3666 Email Address: RJN@INTonline.com Date of Bond: July 21,2014 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 Corpus Christi Standards-Regular Projects 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pr cipal Surety Philadelphia Inde y •=Compa y Palacios rine&I stria)Coating,Inc. ��: Signature: // Signature: L../ 44(:444../0/0. Name: m� aG C c.�( Name: Robert James Nitsch Title: U t ce ce-;1 aev- Title: Attorney-in-Fact Email Address: �,^ Email Address: RJN@INTonline.com 30:\I11ea,Jc1.C, )5 Irl nQ1 C�(.�UStI'i c t,(qrh ttach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Corpus Christi Standards-Regular Projects 7-8-2014 385 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 Power of Attorney f y. KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:Robert James Nitsche,Craig Parker,Kenneth Nitsche,Nina Smith,Gary Nitsche,Robert Nitsche and David Ferguson of NITSCHE&FERGUSON INSURANCE AGENCY,INC.DBA INSURANCE NETWORK OF TEXAS. Its true and lawful Attomey(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25.000.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7'H DAY OF FEBRUARY 2013. ,t =rV i! 15 1927 f41 y.r (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 7th day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. NQTARIALSEAt tae PORATH,Maury Lower Medan i/kC2L Malinke v Notary Public: residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: March 22.2016 I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and axed the facsimile seal of each Company this 21st day of `July ,20 14 affixed Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary , • PIITLADEI.PHIA INDEMNITY INSURANCE COMPANY 1 92 7 '�i.47 i !,`gip'' Client#:53128 PALACMAR ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 5/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Network of Texas PHONE FAX (MC,No,Eat):979 542-3666 (NC,No): 143 East Austin E-MAIL Giddings,TX 78942-3299 ADDRESS: 979 542-3666 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Insurance C 19445 INSURED INSURER B:National Fire&Marine Insuranc 120079 Palacios Marine&Industrial Coatings, INSURER C:New Hampshire Insurance Company 23841 Inc.and PMI Staffing,LLC INSURER D:Gemini Insurance Company 10833 P O Box 875 INSURERE:Nautilus Insurance Company 17370 Palacios,TX 77465 INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR' POLICY EFF POLICY EXP LTR TYPE OF INSURANW CE INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A GENERAL LIABILITY / GL1903223 01/01/2014 01/01/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY AMAGE TO RENTED PREMISES(Ea occurrence) $50,000 CLAIMS-MADE X OCCUR �� MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY _$1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 ' POLICY PRO- LOC $ JECT A AUTOMOBILE LIABILITY / CA9701108 - 01/01/2014 01/01/2015 ECOMBINED SINGLE LIMIT $1,000,000 X ANY AUTO 7BODILY INJURY(Per person) $ ALL OWNED SCHEDULED _ BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR 42UM010012301 7 01/01/2014 01/01/2015 EACH OCCURRENCE $10,600,000 EXCESS LIAB r CLAIMS-MADE 1 AGGREGATE $10,000,000 ,/ DED X RETENTION s$10,000 $ C WORKERS COMPENSATION l WCO29342420 01/01/2014 01/01/2015 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N �- TORY LIMITS _ ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A / (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Excess Liability CEX0960062000 01/01/2014 01/01/2015 $15,000,000 Excess of ! / $10,000,000 E Pollution Liab CPL2010490 01/01/2014 01/01/2015 $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Greenwood Wasterwater Treatment Plant Process Rehabilitation/Replacement, Funding Source FY 2013/14, Project No.E13026 // CERTIFICATE HOLDER CANCELLATION The City Of Corpus Christi,Texas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Secretary's Office ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Secretary 1201 Leopard Street AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78401 1 C ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S517909/M501633 368 ENDORSEMENT This endorsement,effective 12:01 A.M. 01/01/2014 forms a part of policy No. GL /190-32-23 issued to PALAC I OS MARINE & INDUSTRIAL COATINGS, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY _ADD1T10NAL-INSv ED--PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance,is amended by the addition of the following: I LAtt., s�Sff� �. �� A v1- .�sfrej:a '�7�F r �.... !Alfa aNSWN n � �s! Authorized Represents a or Countersignature(in States Where Applicablee) 74434(10/99) ENDORSEMENT This endorsement/, effective 12:01 A.M. 01/01/20111 forms a part of policy No.GL X190-32-23 issued to PALACIOS MARINE & INDUSTRIAL COATINGS, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P 1 TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11-WHO IS AN INSURED, is amended to include as an additional insured: / T i � 1A.1�'�,o � �'� '{:� 8- grk .`->►�.rl�. °�4��`_TetA�rtJ�i1.7E.���: +��;�uil.. ;!�.i.i:�`}'L4 § 5 \ / -- Lii -5 'X•)1i+ 1).601M;t11-`,197 `7.a !�1 3 °�.yF 3?y e?^ However, the insurance provided will not exceed the lesser of: . The coverage and/or limits of this policy, or ▪ The coverage and/or limits required by said contract or agreement. A — s • pr •; tad a or Countersignature(in States Where Applicable) 61712(12/06) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2014 forms a part of policy No.CA 970-11-08 issued to PALACIOS MARINE & INDUSTRIAL COATINGS, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE"AUDTIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO". I. SECTION II- LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Authorized Representati or Countersignature (in States Where Applicable) 87950 (10/05) Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 A.M. 01/01/20111 forms a part of Policy No.CA 970-11-08 issued to PALACIOS MARINE & INDUSTRIAL COATINGS, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 31) days after the First Named Insured provides such information to the Insurer; 7 provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. IL—e±... CA---4-- Authorized Representati e 107414 (03/11) Page 1 ENDORSEMENT# This endorsement, effective 12:01 A.M. 01/01/2014 forms a part of Policy No.GL 190-32-23 issued to PALAC I OS MARINE & INDUSTRIAL COATI NGS, INC. By NATIONAL UNION F I RE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: in the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3Q days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 27t-i•.L.—.±. CA-4— Authorized Represents :-. 107414(03/11) Page 1 TEXAS ONLY-ADVANCE NOTICE OF CANCELLATION OR NON-RENEWAL BY US EXTENDED This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2014 forms a part of Policy No. WC 029-34-2420 Issued to PALAC I OS MARINE & INDUSTRIAL COATI NGS, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PART SIX - CONDITIONS, D. - Cancellation of the Texas Amendatory Endorsement (WC 42 03 01F) is deleted in its entirety and replaced with the following: You may cancel this policy. You must mail or deliver advance notice to us stating when the cancellation is to take effect. We may cancel or non-renew this policy. We must send by certified mail or deliver to you in person, not less than the number of days shown below, advance written notice stating when the cancellation or non-renewal is to take effect. A copy of the written notice will be sent to the Texas Workers Compensation Commission. Except for non-payment of premium, non-payment of loss reimbursement or non-delivery of satisfactory security or collateral when due for which we will provide the advance written notice required by law, we shall not provide less than the number of days advance notice set forth below, or in the policy and endorsements attached thereto, or as required by state law. If another insurance company notifies the Texas Workers' Compensation Commission that it is insuring you as an employer, such notice shall be a cancellation of this policy effective when the other policy starts. Texas law requires a minimum of ten (10) days advance written notice for cancellation or nonrenewal due to fraud in obtaining coverage, misrepresentation of the amount of payroll for purposes of premium calculation, failure to pay premium when payment was due, and increase in hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control, and a determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. Texas law requires a minimum of thirty (30) days advance written notice for other cancellation or nonrenewal reasons. Cancellation: 60 Days V/ Non-Renewal: 60 Days 07A Countersigned b WC 9942 g y (Ed. 03/04) Authorized Representative TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The following"attaching clause" need be completed only when thS endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2014 forms a part of Policy No. WC 029-34-2420 Issued to PALAC I OS MARINE & INDUSTRIAL COATI NGS, INC. By NEW HAMPSHIRE INSURANCE COMPANY 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 (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in con- nection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED WC 42 03 04A Countersigned by (Ed.01/00) Authorized Representative