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HomeMy WebLinkAboutC2015-033 - 6/9/2015 - Approved . , ..,. , .... .., , .._ 2015-033 6/09/15 M2015-057 Clark Pipeline Services CONTRACT DOCUMENTS FOR CONSTRUCTION OF PROGRAMMED WATERLINE SERVICE LIFE EXTENSION CITY-WIDE WATER DISTRIBUTION SYSTEM REPAIR AND REPLACEMENT - (IDIQ) PROCUREMENT PROJECT NUMBER 8610 FUNDING SOURCE (FY 2014) FT,F ,'1 •err- }*.AP as *' j *,• i J.DOUGLAS hfCMULLAN �1 91068 s 111111111111W NM. tt /CENS:**;(4;65 : kliall"111010141111000 (17\C-", OA City of Corpus Christi• URBAN ENGINEERING FEBRUARY 2015 TBPE FIRM No.:145 TBPLS FIRM No.:10032400 Record Drawing Number 446 UE JOB No.:33760.83.02 • 00 01 00 TABLE OF CONTENTS — Division/ Title Section Division 00 Procurement and Contracting Requirements Jim 00 11 16 Invitation to Bid (Rev 01/23/2015) 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders kor 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest It 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 4,,, 00 52 23 Agreement(Rev 10/14/2014) 00 61 13 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) Ike 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy ( 00 73 00 Supplementary Conditions tits 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 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) 0133 02 Shop Drawings 0133 03 Record Data r 0133 04 Construction Progress Schedule Table of Contents 00 0100-1 City-Wide Water Distribution System Repair and Replacement-01211Q) Procurement-Project 8610 REV 01-23-2015 I I Division/ Title Section 0133 05 Video and Photographic Documentation 01 35 00 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 01 57 00 Temporary Controls3 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 025404 Asphalts, Oils and Emulsions 026404 Water Service Lines 3 ______ 026416 Fire Hydrants 05020 Welding .1 Part T Technical Specifications 1 Technical Special Provisions 01000 Mobilization 3 01200 Existing Obstructions 02203 Utility Easement R.O.W Clearing and Restoration 02204 Ditch Cleaning and Shoulder Restoration 3 02225 Structural Excavation and Backfill 02226 Pipe Trench Excavation and Backfill 02340 Boring and Casing Roadways and Railroads 02342 Open Cutting and Casing 02449 Installation of Utilities by Horizontal Directional Drilling 02450 Installation of Utilities by Pipe Bursting 02512 Fusible Polyvinyl Chloride Pipe 02520 Repairing Pavements, Curb and Gutter, Driveways and Sidewalk 02522 Flexible Base—Limestone (Type A,Grade 1) 1 02541 Prime Coat(Asphaltic Material Only) 02542 Hot Mix Asphaltic Concrete Pavement(Class A) I 02608 Fiberglass Manholes 02614 Ductile Iron Pipe and Fittings 02617 Polyvinyl Chloride Pipe and Fittings (C900&C905) Table of Contents 00 0100-2 I City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 I Division/ Section Title 02620 Storm Water Pollution Prevention 02640 Installation of Water Pipe 02677 Hydrostatic Testing of Water Pipe 02802 Seeding 02804 Sodding Concrete 03100 Concrete Formwork 03200 Reinforcing Steel 03300 Normal Weight Aggregate Concrete 03400 Concrete Structures Finishes 09910 Painting Mechanical 15060 Miscellaneous Piping 15104 Gate Valves 15108 Combination Air Release and Vacuum Valves Appendix Title 1 Example Delivery Order END OF SECTION Table of Contents 00 01 00-3 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 a• 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE yaw 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: +yr. Programmed Water Line Service Life Extension City-Wide Water Distribution System Repair and Replacement—(IM) Procurement, Funding Source FY 2014 Project No.8610 A. This project consists of City-wide waterline improvements which includes removal and tor abandonment of existing waterlines,the installation of new waterlines by open trenching, pipe bursting, horizontal directional drilling, boring and jacking, boring and casing, new fire hydrants,valves,fittings, services, pavement repair, and other miscellaneous items Irar required to complete the project. Work will be executed with multiple indefinite quantity delivery orders as required, in accordance with the plans, specifications,and contract documents.The initial contract will be for a one(1)year(12-calendar months) base io„ contract,with two(2) optional one (1)year(12-calendar month) extensions. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$2,300,000.00. The Project is to be substantially complete and ready for operation within 335 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 %on 2.01 Advertisement and bidding information for the Project can be found at the following website: http:/www.cctexas.com/business/supplierportal it 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. ism 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. ir. it ►� Invitation to Bid 00 11 16-1 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 ARTICLE 3—PRE-BID CONFERENCE 3.01 A-mandatory pre-bid conference for the Project will be held on 2:00 pm, Wednesday, March 4, 2015, at the following location: City Hall Building—Capital Programs Conference Room 1 or 2 3`d floor,Capital Programs Department (formerly"Engineering Department") 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. 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 award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5—MINORITY/ MBE/ DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. INOlt ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent of the greatest amount bid. 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. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the IDIQ contract "cap" (see item 6.03.5) if, within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or Invitation to Bid 00 11 16-2 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 I tot b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between i. the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 7. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. r 5. Bid Bond in the amount of$115,000.00 itat 5%of$2,300,000.00=$115,000.00 $2,300,000.00= IDIQ contract"cap" (amount/highest potential value) illy► 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ►r ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids(hard copy) must be submitted to the City Secretary's Office(City Hall Building, 1St Mr Floor, 1201 Leopard Street,Corpus Christi,Texas 78401) no later than 2:00 pm,Wednesday, March 18, 2015 to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 15t floor of the City Hall Building. Bids received after this time will not be accepted. Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary but Bid -City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement- Project 8610 1 7.02 Bids will be publicly opened and read aloud at 2:00 pm, Wednesday, March 18,2015 at the following location: City Hall Building- City of Corpus Christi First Floor f City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 f 4 1. Invitation to Bid 00 11 16-3 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 tr. > I ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who 3 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 3 days from the date on which Bids are opened. 8.02 The City intends to award this INDEFINITE DELIVERY/INDEFINITE QUALITY(ID/IQ)CONTRACT3 for approximately$2,300,000.00 over a 1 year period with 2 possible 1 year renewals. Renewal will be based on Contractor's successful performance of Delivery Orders, approval by the Owner, and concurrence from the Contractor.The renewal will allow for an economic adjustment, based upon published and acceptable indices.The Owner will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. 3 Emergency Delivery Orders, as determined by the City, may be issued under this Contract. For Emergency Delivery Orders,the Contractor shall be on-site within three (3) hours to assess the site and to begin mobilizing necessary crews, equipment,traffic control measures,etc. The Contractor shall begin actual work and have in place ALL mitigation measures to prevent further damage to public and private property within six(6) hours of receiving authorization to proceed. The Contractor may be required to respond to and complete up to two(2) Emergency and/or3 Non-Emergency sites at the same time. In the case of Emergency Delivery Orders,the Contractor shall also be required to maintain continuous operations(24 hours per day,7 days per week), until the emergency situation(s) has/have been rectified and the danger to the Public 3 has been resolved.To accommodate the increased costs associated with the Emergency Work, Bidders shall submit a "Coefficient for Emergency Work"with its Bid Proposal (Max is 2.0).This coefficient shall be applied to the Bid Items to determine the final cost of the Emergency 3 Repair(s). The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However,there shall be no expectation (by Contractor)that all bid items and/or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. 3 The hypothetical quantities shown in the Bid Form Exhibit A are not intended for award but will be used for bid evaluation purposes ONLY. 3 The Contract award value is based on current anticipated budget allocations.The Contractor will have no basis for a claim against the City, if the actual delivery order total is less. 3 ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the areaj 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. Invitation to Bid 00 11 16-4 1 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 1 L. 9.03 Performance and Payment Bonds are required. 110) END OF SECTION V it" r Lir 11. } I Ito INF ibe L Invitation to Bid 00 11 16-5 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement-Project 8610 REV 01-23-2015 r.. ti. 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS rr 1.01 CONTRACTOR'S INSURANCE AMOUNTS i.. 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 Li. 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, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased bin Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim lir Environmental Impairment Coverage Not limited to sudden and accidental 111 Required Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required g Not Required Installation Floater Equal to Contract Price ❑ Required xi Not Required it Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required hay 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in hie accordance with Article 6 of the General Conditions and this Section. top Insurance Requirements 00 72 01-1 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 I 3 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 3 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-insured3 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. 3 E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this 3 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. 3 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 the3 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 3 entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers'compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 I 2. Claims for damages because of bodily injury, occupational sickness or disease,or death of Contractor's employees. Ira 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). it 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. Ir 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 1.. 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 1�r it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f f) Any loss at the Site; 11r irr Insurance Requirements 00 72 01-3 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 j1r r J 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 3 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 insurance3 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 into3 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 contractual3 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: 3 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as 3 additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 3 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 3 policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 3 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 3 it lip 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. it 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 r• 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 Oror them, or by anyone for whose acts they may be liable. t 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 aim 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 r 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 `. Insurance Requirements 00 72 01-5 City-Wide Water Distribution System Repair and Replacement-011)1Q) Procurement—Project 8610 11-25-2013 j 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 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 insurance3 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. 3 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. 3 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. 3 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design,or materials exclusions. 3 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the r builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 3 Insurance Requirements 00 72 01-6 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 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 ibr proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains los provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees,agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT Irr 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. iur C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. I 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 r Insurance Requirements 00 72 01-7 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 r I 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 3 A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision,or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement 3 certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE 3 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. 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. 3 ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a 3 project,for the duration of the Project. Insurance Requirements 00 72 01-8 3 City-Wide Water Distribution System Repair and Replacement-OM) Procurement—Project 8610 11-25-2013 I 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. r 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 r.e 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. 7 F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 ( 3 3 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 3 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 of3 the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and 3 for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by 3 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 3 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 3 commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01-10 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 I ir. `n 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY Ire SC-1.01 DEFINED TERMS 1i. A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Urban Engineering B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project Iry as: 1. The following items are fully functional and suitable for operation in accordance with i. the Contract Documents: a. Newly installed waterline and appurtenances per each Delivery Order issued. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in tie delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. tip 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or tp. greater. Records indicate the following average number of rain days for each month: Yr 40. Supplementary Conditions 00 73 00-1 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 43 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Conditions No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner."SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions 00 73 00-2 City-Wide Water Distribution System Repair and Replacement-(IDIQ) Procurement—Project 8610 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 9,2015 ,is between the City of Corpus Christi(Owner)and Clark Pipeline Services (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: Programmed Water Line Service Life Extension City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement Project No.:8610 Funding Source(FY 2014) This project consists of City-wide waterline improvements which includes removal and abandonment of existing waterlines,the installation of new waterlines by open trenching, pipe bursting, horizontal directional drilling, boring and jacking, boring and casing, new fire hydrants,valves,fittings,services, pavement repair, and other miscellaneous items required to complete the project. Work will be executed with multiple indefinite quantity delivery orders as required, in accordance with the plans,specifications,and contract documents. The initial contract will be for a one (1)year(12-calendar months) base contract,with two (2)optional one(1)year(12-calendar month)extensions. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Drive Corpus Christi,TX 78404 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk,PE—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd.,Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 335 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. Agreement 00 52 23-1 City-Wide Water Distribution System Repair and Replacement-OM)Procurement—Project 8610 REV 10-14-2014 B. Milestones, and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$750.00 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$750.00 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 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached 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 $ 2,300,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 00 52 23-2 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV 10-14-2014 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. 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. Agreement 00 52 23-3 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV 10-14-2014 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; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations, and documents on: 1. The cost,progress,and performance of the Work; 2. The means,methods,techniques,sequences, and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests, studies,and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 00 52 23-4 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV 10-14-2014 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 financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form 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 CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 Rev 10-14-2014 ATTEST CITY . ;OR' 'ISTI City Secretary .H. Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM ILP—b...:015. � ^ _ ` A I HUKILL/ 2- K1/16, SY COUNCN.. sst. City Attorney SECRETARY ATTEST(IF CORPORATION) CONTRACTOR Clark Pipeline Services (Seal Below) By: Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: Vice President, Chief Executive Officer,or Chief Financial Officer P.O. Box 1214 Address Corpus Christi.TX 78401 City State Zip 361/816-6007 Phone cclark c@ clarkpipeline.com EMail END OF SECTION Agreement 00 52 23-6 City-Wide Water Distribution System Repair and Replacement-(IDIC+)Procurement—Project 8610 REV 10-14-2014 • 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 March 18,2015 at 2:00 pm. 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Programmed Water Line Service Life Extension City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement Project 8610 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 No:l 'Lj2S1i S 4a.'L , 3113113- �%� to -31 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. Bid Form 00 30 00-1 City-Wide Water Distribution System Repair and Replacement-0131Q)Procurement—Project 8610 my o1-2s-2ois • 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs,Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. Bid Form 00 30 00-2 City-Wide Water Distribution System Repair and Replacement-(101C0 Procurement—Project 8610 aEvoi-23-lois 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 Qty-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV o1-23-2o1s 5.04 The City intends to award this INDEFINITE DELIVERY/INDEFINITE QUALITY(ID/IQ)CONTRACT for approximately$2,300,000.00 over a 1 year period with 2 possible 1 year renewals.Renewal will be based on Contractor's successful performance of Delivery Orders,approval by the Owner,and concurrence from the Contractor.The renewal will allow for an economic adjustment,based upon published and acceptable indices.The Owner will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. Emergency Delivery Orders,as determined by the City,may be issued under this Contract.For Emergency Delivery Orders,the Contractor shall be on-site within three(3)hours to assess the site and to begin mobilizing necessary crews,equipment,traffic control measures,etc. The Contractor shall begin actual work and have in place ALL mitigation measures to prevent further damage to public and private property within six(6)hours of receiving authorization to proceed. The Contractor may be required to respond to and complete up to two(2)Emergency and/or Non-Emergency sites at the same time.In the case of Emergency Delivery Orders,the Contractor shall also be required to maintain continuous operations(24 hours per day,7 days per week),until the emergency situation(s)has/have been rectified and the danger to the Public has been resolved.To accommodate the increased costs associated with the Emergency Work, Bidders shall submit a"Coefficient for Emergency Work"with its Bid Proposal(Max is 2.0).This coefficient shall be applied to the Bid Items to determine the final cost of the Emergency Repair(s). The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However,there shall be no expectation(by Contractor)that all bid items and/or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project.The hypothetical quantities shown in the Bid Form Exhibit A are not intended for award but will be used for bid evaluation purposes ONLY. The Contract award value is based on current anticipated budget allocations.The Contractor will have no basis for a claim against the City,if the actual delivery order total is less. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 335 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 365days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION CO 30 01 BID FORM EXHIBIT A. 6.03 The initial contract duration shall be 12 months and will be subject to renewal for up to two(2) additional 12-months periods. Each delivery order will be issued with an allowable working time (calendar days)and will be based on the durations identified in the Working Time Table. Non-Emergency Delivery Orders—The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 24 hours of receiving written notice from the Bid Form 00 30 00-4 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV 01-23-2015 Director of Capital Programs or designee(OAR)to proceed. For each calendar day that any work remains incomplete after the time specified in the Delivery Order for completion of the work or after such time period as extended pursuant to order provision of this Contract, $750.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon the production rates shown in the table below. Emergency Delivery Orders—The working time begins and the Contractor shall be required to be on-site within three(3)hours of receiving written notice from the Acting Director of Capital Programs or designee(OAR)to proceed to assess the site and to begin mobilizing necessary crews,equipment,traffic control measures,etc.The contractor shall begin actual work and shall have in place ALL mitigation measures to prevent further damage to public and private property within six(6)hours of receiving written notice form the Executive Director of Public Works or designee("City Engineer")to proceed. In the case of Emergency Delivery Orders,the Contractor shall be required to maintain continuous operations(24 hours per day,7 days per week),until the emergency situation(s)have been rectified and the danger to the Public has been resolved. For each calendar day that any work remains incomplete after the time specific in the Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of the Contract,$750.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon production rates shown in the table below. WORKING TIME TABLE Description Typical Work Time(Days) Allowed for each Delivery Order Non-Emergency Emergency Mobilization 3 days/D.O. 1 day/D.O. (Note 2) Remove&Replace Water Line 5 days/600 IF 3 days /600 LF (Up to 42"of Cover) Remove&Replace Water Line 7 days/600 LF 5 days/600 LF (Up to 43"—73"of Cover) Remove&Replace Water Line Pipeburst 5 days/600 LF 3 days /600 LF (Up to 42"of Cover) Remove&Replace Water Line Pipeburst 7 days/600 LF 5 days/600 LF (Up to 43—73"of Cover) Well Pointing for Water Lines 1 day/400 LF 0 day/D.O. Remove&Replace Driveway or sidewalk 2 days/400 LF 1 day/400 LF Note: Working Time shown in this table is in CALENDAR DAYS. Emergency Delivery orders require a 3 hour response Bid Form 0030 00-5 Qty-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement—Project 8610 REV 01-23-201S ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias")shall submit a copy of the Certificate of Assumed Name or similar document. Bid Form 00 30 00-6 Oty-Wide Water Distribution System Repair and Replacement-001Q)Procurement—Project 8610 REV 0123-2ois 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: CePe- .--�-i-"i,e.tkS (.LC. eti� (typed or prihted , 'al name of Bi,. r) By: individual's signature) Name: A-, L4 4 t- CLL (typed or printed) Title: rut (type or printed) Attest: (individual's signature) State of Residency: -TE KA Federal Tax Id.No. - 3'4 1 z i c Address for giving notices: 'T.a . '31x 12-1 Cul„s 7x `t rif a I Phone: %I4j6-(.00-i Email: Ct1eC,rlc,eClatpipt.';n1_• conA. (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 003000-7 City-Wide Water Distribution System Repair and Replacement-001Q)Procurement-Project 8610 REV 01-23-2015 00 30 01 BID FORM EXHIBIT A Project: PROGRAMMED WATER LINE SERVICE LIFE EXTENSION QTY-WIDE WATER DISTRIBUTION SYSTEM REPAIR ANO REPLACEMENT•(45(1)PROCUREMENT,PROJECT NO.:8610 Owner: City of Corpus Christi,Texasx�"" `t I {{ Bidder: C't?'C.—1, cck L-t( & ts, (i r,.tr .T,ftSiv. -+c•Cr✓ e.S Bid Date: '.t3. 1 I c OAR: ttt Designer. WWII;Engineering Bath of Bid 'Items in Base Bid •• •...Allowances SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT GENERAL 133 Mobilization,complete In•lace per lam•sum L5 1 (V7 'Q s , • 7 ..'-> —WATER MAIN REMOVALS co�Remove and Dispose of 2'Dram.OP and DIP Waterline U.to 42"of Cover,com•lete in•lace•er linear foot IF 50 t'j.CJ r la S'1.0-Z- 1333 'f O2- - ...Remove and Dispose of 2"Dram.OP and DIP Waterline(43"-72"of Cover),complete in•lace•'r linear foot If SOi 441.O CIMI Remove and Dispose of 4'Diam.CIP and DIP Waterline(Up to 42"of Cover,complete in place per linear foot IF SO -,14 - '1 ,-..1, ED Remove and Dispose of 4'Diam.CIP and DIP Waterline(43'-72"of Cover),complete in place per linear foot IF 50 17,7 d IDS. ' ®e' Remove and Dispose of 6'Diam.CIP and DIP Waterline(Up to 42"of Cover),complete in place per linear foot IF 100 S C,G• gni Remove and Dispose of 6'Diam.OP and DIP Waterline 143'-42"of Cover),complete in place per linear foot IF 50 Lr 4 01 ED Remove and Dispose of 8'Diam.OP and DIP Waterline(Up to 42"of Cover),complete in place•er linear foot IF 100 3 , • Remove and Dispose of 8"Diam.OP and DIP Waterline(43"-72"of Cover,com.lete in•lace per linear foot IF 50 ' " , -0: Du Remove and Dispose of 12"Diam.OP and DIP Waterline(Up to 42'of Cover),complete in place.er linear foot LF 50 SU,.(a1 1 ED Remove and Dispose of 12'Diam.CIP and DIP Waterline)43"-72"of Cover),complete in.lace•er linear foot LF SO -.54.t.% 1 "7-;Ca ED Remove and Dls.ose of 16"Diam.CIP and DIP Waterline(Up to 42"of Cover),corn.fete in place•er linear foot LF 50 c1:II t -D MI Remove and Dispose of 16'Diam.OP and DIP Waterline(43"-72"of Cover),corn.fete in place per linear foot IF 50 1 .11 S=1 cm Remove and Dispose of 2'Diam.ACE Waterline(Up to 42"of Cover),complete in place per linear foot IF SO '.32. \. a . ED Remove and Dispose of 2'Diam,ACP Waterline(43"-72"of Cover,com•lete in place.-r linear foot If 50 ,A , 0: Ein Remove and Dispose of 4"Diam.ACP Waterline(Up to 42'of Cover),corn.fete In place•er linear foot IF 50 L. 5 s 5141.93 ED Remove and Dispose of 4"Diam.ACP Waterline(43"-72"of Cover),corn.lete in'lace per linear foot LF 50 ''•-to- . ED Remove and Dispose of 6'Diam.ACP Waterline(Up to 42"of Cover),corn'lee in'lace per linear foot LF 100 ,L: oD Vla Remove and Dispose of 6"Diam.ACP Waterline(43"-72 of Cover),complete in place per linear foot IF 50 IC,,(A L t t)y,Drs A-20 Remove and Dispose of 8"Diam.ACP Waterline(U to 42'of Cover,corn•lete in'lace per linear foot LF 100 ; - - - Remove and Dispose of 8'Diam.ACP Waterline(43"-72'of Cover),complete in place per linear foot LF 50 , , 1•, �- Remove and Dis.ose of 12'Diam.ACP Waterline Up to 42"of Cover),com.lete in'lace•er linear foot LF 50 30-_ Mal Remove and Dispose of 12'Diam.ACP Waterline(43"-72'of Cover),complete In place per linear foot IF 50 ",4 . - rIal Remove and Dispose of 16"Diam.ACP Waterline(Up to 42'of Cover),complete in place per linear foot IF 50 '7-L4 - -.Y:- 033 .Yt- Remove and Dispose of 16"Diary.ACP Waterline(43"-72'of Cover),complete in place per linear foot IF 50 611.v =3_,,,2_,12_,_ —WATER MAIN INSTALLATION OPEN TRENCHING 0 to 100-ft) —�T�PVC • leg Install 6"Diam.C900 DR18 PVC Waterline(U.to 42'of Cover),complete In place per linear foot IF 50 Ti - ' - .'ir•C. ((j1 e i 5v ED Install 6"Dram.C900 DR18 PVC Waterline(43"-72"of Cover),complete In place r linear foot IF 50 .ia' 'Kli-it : _•3 (i—�S(_(' lan Install 8'Diam.C900 DRIB PVC Waterline U.to 42'of Cover,complete in place•er linear foot IF 50 'a'), -4 ED Install 8"Diam.C900 DR18 PVC Waterline(43"-72"of Cover),corn•lete in place. r linear foot IF 50 4 a1 L 1.,"i,q e cm Install 12"Diam.C900 DR18 PVC Waterline U•to 42'of Cover),corn•fete In place per linear foot IF 50 11 t 7 - O: 129 Install 12"Diam.C900 ORIS PVC Waterline 43"-72"of Cover),corn•lete in'lace per linear foot if SO I I. '17 "i.'v no Install 16"Diam.0905 0R18 PVC Waterline(Up to 42"of Cover),complete in place per linear foot IF 50 II').'3 a , 0 A-33 Install 16"Dram.C905 0818 PVC Waterline(43'-72"of Cover),complete In•lace per linear foot IF 50 L1-1.1 , v _DIP ED Install 6"Dram.DIP Waterline(U•to 42"of Cover),complete m.lace per linear foot IF 50 0."i 7 'O ' ED Install 6"Dram.DIP Waterline(43"-72"of Cover,complete in.lace per linear foot LF 50 - .4 • v ''Install 8"Diam.DIP Waterline(Up to 42'of Cover),complete In place per linear foot If 50 '•L• J"'(. P ED Install 8"Dram.DIP Waterline(43"-72"of Cover),complete in•lace per linear foot IF 50 'i 1 co Ega Install 12"Dram.DIP Waterline(Up to 42'of Cover),complete In place per linear foot IF SO c`S".Si 'i • ED Install 12"Diam.DIP Waterline(43"-72"of Cover),complete in place per linear foot IF 50 c • 1-...7116-MMI -1 ,.yo ED Install 16"Dram.DIP Waterline(Up to 42"of Cover),complete in place per linear foot LF 50 a,)1 —, - Install 16"Diam.DIP Waterline(43"-72"of Cover),complete in.lace•er linear foot LF 50 '-'i "--.6"--C' _WATER MAIN INSTALLATION OPEN TRENCHING(Greater Than 100-ft ED Insall 6"Diam.0900 DRIB PVC Waterline(Up to 42'of Cover),complete in place•er linear foot If 200 1, s L45, C. ED Install 6"Diam.C900 DR18 PVC Waterline(43"-72"Cover),complete in place per linear foot LF 200 2. ."1 ;. 1 ED Install 8"Diam.0300 0818 PVC Waterline(Up to 42"of Cover).corn'fete In place per linear foot IF 200 .-t."MN ,.-.1;•-• co Install B'Diam.0900 DR18 PVC Waterline 43"-72"Cover,com•lete In.lace per linear foot IF 200 - - Z'oC -.Install 12"Dram.C900 0818 PVC Waterline(U•to 42"of Cover),complete in place per linear foot LF 200 "1 " -s: ED Install 12"Dram.C900 DR18 PVC Waterline(43"-72"Cover),complete in place per linear foot If 200 5-6. . ED Install 16'Diam.0905 DR18 PVC Waterline(U.to 42'of Cover),complete In place per linear foot IF 200 '1 5 1 It - ma Install 16"Diam.C905 DR18 PVC Waterline 43"-72'Cover),corn.lete in place•er linear foot If 200 1- .1.2". —WATER MAIN INSTALLATION BORING AND JACKING(0 to 100-ft pm Install 6'Diam.0500 DRIB PVC Waterline U.to 42'of Cover)by Boring and lackin- t.".. c ,complete in place per linear foot LF 50 ( .. p .c7 Cf EMI Install6"Dram.C900 DR18 PVC Waterline(43"-72'of Cover)by Bonn-and hackie• complete in lace per linear foot LF 50 "r. 2"- . -4 I A-52 Install 8"Diam.0900 DR18 PVC Waterline(Up to 42'of Cover)by Boring and lacking,complete in place per linear foot IF SO t ilk,'.,i ' 1 GS 3. o cm Install 8"Diam.0900 DR18 PVC Waterline(43"-72'of Cover)b Boren•and lackin:.complete in place•er linear foot If 50 s 7'. on Install 12"Diam.0900 DRIB PVC Waterline(Up to 42"of Cover)b Borin;and Jackie•.complete in lace•-r linear foot LF 50 5 - Install 12"Dram.C900 DRIB PVC Waterline(43"-72"of Cover)by Bonn:and Jackrn;,complete in place per linear foot LF SO 1 " - '.Install 16"Diam.0905 DR18 PVC Waterline(U.to 42"of Cover)by Bonn;and Jackin•,complete in place'Cr linear foot IF So - '1 • 7. A-57 Install 16"Dram.0505 ORM PVC Waterline 143"-72"of Cover)by Borin;and Jackie; complete in.lace per linear foot IF So . ' Cl)t0. .) WATER MAIN INSTALEAT1ON BORING AND JACKING(Greater Than 100.11 Install 6"Diam.DIP Waterline(Up to 42"of Cover)by Bonn:and lackin;,complete in place per linear foot IF 100 t L 3 7 0 \I. 1 l"(0--Cl. 13111 Instar)6"Oiam.DIP Waterline(43'-72"of Cover)by Bon ;and tacking,complete In place per linear foot IF 100 - , , , - ad Forte Extube A CIty-Verde Water D.stnbut on System Repair and Replacement-(IDIO)Procurement-Protect 8610 00 30 01-t `1ti c 1 c5'( Item I Estimated Descr(pttan i4 Unit Unit Price Extended Amount A-60 Install 8Diam.DIP Waterline(Up to 42'of Cover)by Boring and lacking.comp fete in place per linear foot IF 100 1 f jt,.1 l_ 1 ]s4 Ci 12.QA A-61 Install r Dram.DIP Waterline(43"-72"of Cover)by Boring and lacking.complete in place per linear foot IF 100 1 5-.41 i5 Oh h 7-CE A-62 Install 12"Diam.DIP Waterline(Up to 42"of Cover)by Boring and Jacking,complete in place per linear toot LF ICO 22,c.46 12 1 c•i A-63 Install 12'Diam.DIP Waterline(43"-72"of Cover)by Boring and lacking,complete in place per linear foot LF 100 ' 1),no5 1 ,O.J 4,co A-64 Install 16'(Siam.DIP Waterline(Up to 42"of Cover)by Boring and lacking,complete in place per linear toot LF 100 -;(q,El -,,t t g3.-"' A-65 Install 16"Diam.DIP Waterline(43"-72"of Cover)by Boring and lacking,complete in place per linear foot LF 100 '3.7 L,.ci t ( •-L2 t Ls 1 I J' WATER MAIN INSTALLATION BY PIPE BURSTING(0-ft to 100•ft) A.66 Install 6"Diam.C900 DRIB Fusible PVC Waterline(Up to 42'of Cover)by Pipe Bursting,complete in place per linear foot LF 100 -j c,-",S 2, -t L.<-1,•on A-67 Install 6"Diam.1900 DRIB Fusible PVC Waterline(43-•72'of Cover)by Pipe Bursting,complete in place per linear foot LF 100 VI 91 T )42. A-68 Install 8"Dram.C900 DRIB Fusible PVC Waterline(Up to 42"of Cover)by Pipe Bursting,complete in place per linear foot LF 100 f j7,LC. s-'1 L`6.�b A-69 Install 8'Diam.0900 DR18 Fusible PVC Waterline(43"-72'of Cover)by Pipe Bursting.complete in place per linear foot LF 100 04 i) 4 0112• ' A-70 Install 12"Diam.0900 DR18 Fusible PVC Waterline(Up to 42'of Cover)by Pipe Bursting,complete In place per linear foot LF 50 /GL, / 50,,V.>1:: A-7I Install 12"Diam.C900 0818 Fusible PVC Waterline(43"-72'of Cover)by Pipe Bursting,complete in place per linear foot IF 50 r 13 1, t. .o t' A.72 Install 16"(Siam.C90S DR18 Fusible PVC Waterline(Up to 42'of Cover)by Pipe Bursting,complete in place per linear foot IF 50 '(2L,(41l%11Z ,�� A-73 Install 16"Oiam.0905 DRIB Fusible PVC Waterline(43"-72"of Cover)by Pipe Bursting,complete in place per linear toot LF 50 247, 5'J (t l D-C WATER MAIN INSTALLATION BY PIPE BURSTING(Greater Than 100-ft) t A-74 Install 6'Diam.1900 DRIB Fusible PVC Waterline(Up to 42"of Cover)by Pipe Bursting,complete in place per linear foot IF 150 11-1.10 1 OCD.( A-75 Install 6"Diam.1900 DR18 Fusible PVC Waterline(43"-72'Cover)by Pipe Bursting,complete in place per linear foot LF ISO C(, )e'4 8 4 i l:.'i A-76 Install R"Diam.1900 DRIB fusible PVC Waterline(Up to 42"of Cover)by Pipe Bursting,complete in place per linear foot IF 150 5'(t till '(\ICI L... A-77 Install 8"Diam.C900 DRIB Fusible PVC Waterline(43"-72"Cover)by Pipe Bursting,complete In place per linear foot LF ISO Lt, CLL•(3y A-78 Install 12"Diam.C900 DRIB Fusible PVC Waterline(Up to 42"of Cover)by Pipe Bursting,complete in place per linear foot LF 100 V-5-0 1 •'j p, 4G A-79 Install 12"Diam.1900 DRIB Fusible PVC Waterline(43"-72"Cover)by Pipe Bursting,complete in place per linear foot IF 100 9u s 0 t\ 44 1- Cl A-80 Install 16"Diam.C905 DRIB Fusible PVC Waterline(Up to 42'of Cover)by Pipe Bursting,complete In place per linear foot LF 100 jth ),0 '0'1 I to G.Cl A-81 Install 16"Diam.0905 DRIB Fusible PVC Waterline(43"J2"Cover)byjpe Bursting,complete in place per linear foot IF 100 (CJ 01/ \ \lJ ,3: A-82 Temporary Water Supply for Pipe Bursting --_^— EA 20 "t 1 Z rt , L 1 0l 5.$3 WATER MAIN INSTALLATION BY HORIZONTAL DIRECTIONAL DRILLING(Greater Than 100-ft) A-83 Install 6"Drain.C900 DR 18 Fusible PVC Waterline by HDD,complete In place per linear foot LF 100 2 n,G2 7.Q diel,•C: A-84 Install 8"Diam.0900 DR 18 Fusible PVC Waterline by HDD,complete In place per linear foot LF 100 tC L r co 1 1 -a4 ABS- Install 12"Diam,C900 DR 18 Fusible PVC Waterline by HOD,complete in place per linear foot IF 100 3s.)cj,tT -3';\t 17.-0 A-86 Install 16"Diam.1905 DRIB Fusible PVC Waterline by HOD,complete in place per linear foot LF 100 477.'41 r.1 111,1.- : GATE VALVES A-87 Install 6'R/W Dale Valve,complete in place per each EA Io GSq,q ct 5q`-1•)/c, A-88 Install 8"R/W Gate Valve,complete in place per each EA 10 1(177,0 la (') �J•V 0 A-89 Install 12"R/W Gate Valve,complete in place per each EA 5 7, 577 az , I(,,; ISS•3 O A-90 Install 16"R/W Gate Valve c/w Bevel Gear,complete in place per each EA 5 ! (f r'o'-1L t-4,(S`.tY-10 FITTINGS A-91 Install 6"11.25 Deg.Bend(MJ).complete in place per each EA 10 ''4' ,C(L 2 009•1 A-92 Install 6'22-5 Deg.Bend(Ml),complete in place per each EA 10 7.Al, 15"j, '1 7 1 u' ,j A-93 Install 6"45 De Bend Ml complete in place per each EA 10 jt A-94 Install 6"90 Deg Bend(MJ),complete in place per each FA 10 -Lt.:,2'7 _ 1-0,0'9-1-+ A-95 Install 6"Reducers-All Sues(M1),complete in plate per each EA 10 L K 7_1 i\S g 1,,I b A-96 Install 6"Crosses-All Sizes(M1),complete in place per each EA 10 `'.7 71 1( $1,2-4 J A-97 I Install 6"Tees IMO).complete in place per each EA 10 .1i"p 47 jt�1 T J,1-\"J A-98!Install 8"1115 Deg.Bend(MI).complete in place per each EA 10 Z 1r(,.s4, '1 L p X13,'1-3 A.99 Install 8"22.5 Deg.Bend(Ml).complete In place per exh FA 10 -t12. 13 3,)1.1.0Z:- A-100 Ii,)tl.00- A-100 Install 8"45 Deg Bend(MO.complete in place per each EA 10 lit': 6 17 15.0.0 0- A-101 Install 8"90 Deg Bend(Mi).complete in place per each EA 10 Ili J). •i 1.S rl k.% A-102 Install 8"Reducers-All Sizes(M1),complete in place per each EA 10 271,Oa 'L,3( Ia.Ct.; A-103 Install 8"Crosses-All Sizes(M1),complete in place per each EA 10 0,4S--44, 5 1\.c4-t.o A-104 Install 8'Tees(MI),complete in place per each EA 10 q -g i1 a)C$ 7 v A-105 Install 12"11.25 Deg.Bend(Ml),complete in place per each EA 5 C16.1 0 7 (, A106 Install 12"22.5 Deg.Bend(MJ),complete in place per each EA S S-7(...9,4 -2(tot t,s-1 A-107 Install 12"45 Deg Bend(M1),complete in place per each EA 5 c-(„1,,,s)C1 7\ - 7...:r'' A-108 Install 12"90 Deg Bend(MI),complete in place per each EA 5 (./2 VG , 7' p 9 .Bt A.109 Install 12"Reducers-All Sizes(MJ),complete in place per each EA 5 'j17 -1D \ (a4•V.0 A-110 Install 12"Crosses-All Sizes(M3),complete in place per each EA 5 t 107•1.7 ct ti-j'-+ A-111 Install 12"Tees IMO,complete in place per each EA 5 Z.c.71. 3 1 LZ jeep A-112 Install 16"11.25 Deg-Bend(MI),complete in place per each EA S St"4i.Sp y.(v5-9.cj 1 M A-113 Install 16"22,5 Deg.Bend(Ml),complete place per each EA 5 "77,5 1� L .1"6 A-114 Install 16"45 Deg Bend(M1),complete in place per each EA 5 "74 I,13 - )j5y�"Y.i-' A-115 Install 16"90 Deg Bend(MJ),complete in place per each EA 5 cos.u4 `')I.10 A-116 Install 16"Reducers-All Sizes(M1),complete in place per each EA S 5-773- 46 1..1‘ 0' ,4 D A-117 Install 16"Crosses-All Sizes(Ml),complete In place per each EA 5 2f 731+,(4., \3 1e.10;j0 A-118 Install 16"Tees(M1),complete in place per each EA 5 'I ty"72,yt1 1 ll,ta'},t SHORT WATER SERVICE(Up to 14-ft) A-119 Remove and Replace 5/8"to 3/4"Copper Service(Up to 42'•of Cover),complete in place per each EA 10 Itict_3 of 310 ,i4 6 A-120 Remove and Replace 5/8'to 3/4"Copper Service(43'-72"of Cover),complete in place per each EA 10 41, li G \4.Liz AO A-121 Remove and Replace 1"to 2"Copper Service(Up to 42'of Cover),complete in place per each EA 10 1 to _`25 1 '1z'i. c A-122 Remove and Replace 1"to 2"Copper Service(43"-72"of Cover),complete in place per each EA 10 1�t;'7 I cj' 1 c a.l.'i s) LONG WATER SERVICE(Greater Than 14-ft) A-123 Remove and Replace 5/8"to 3/4'Copper Service(Up to 42"of Cover),complete in place per each EA 10 �,"'0.S t1 c"t.QS•J'2 4.124 Remove and Replace 5/8"to 3/4"Copper Service(43--72'of Cover),complete in place per each EA 10 L•1 4 o C ' {„�ti(t a•Zr. A-125 Remove and Replace 1-to 2'Copper Service(Up to 42'of Cover),complete in place per each EA 10 I 2 i,;p• 00%0.5'4 A-126 Remove and Replace 1'to 2"Copper Service(43"-72"of Cover),complete in place per each EA 10 I i7/0-`4S', l'((e4 t-4.1 RECONNECT EXISTING WATER SERVICE TO WATER MAIN A-127 5/8'to 3/4'Copper Service(Up to 42'of Cover),complete In place per each EA 10 11,4,TZ '3 t„tt.Li:, A-128 5/13'to 3/4"Copper Service(41'-72'of Cover),complete in place per each EA 10 '36 4.C.1. -�1 L,4 ,i.,•7 A-129 1"to 2"Copper Service(Up to 42"of Cover),complete in place per each EA 10 171,q 6 1:27 S.0= 1A-130 1"to 2"Copper Service(43"-72'of Cover),complete in place• r each EA 10 .37 St, 'i 1-09.....) &o Fenn Exhibit A City-Wide Water Dinlnbution System Repair and Replacement-(10101 Proaremest-Project 8610 00 30 01-2 11In,0 ka — --- i Item Estimateded No. Description I Unit Quantity Unit Price Extended Amount CONNECT NEW WATER MAIN TO EXISTING WATER MAIN BY CONVENTIONAL METHOD WITH SLEEVE AND TEE __ A-t31 Connection to Existlnp 4'Water Main complete in place per each _ EA 10 111(Iv:: 'Q (ty O .bz 1 A-132 Connection to Existing 6"Water Main,complete in place per each EA 10 ( 1.`3'4,7) 1%;t'P 41 j 0 A-133 Connection to Existing 8"Water Main,complete in place per each EA 10 -ti,b)L•2fi Z.,,i'11.10 A-134 Connection to Existing 12"Water Main,complete in place per each EA 10 Li C(LK.61. 'IA I1`.d .si 3 A135 Connection to Existing 16'Water Main.complete in place per each EA S ;I c,2`t,T1. 1 S+ti 3.to CONNECT NEW WATER MAIN TO EXISTING WATER MAIN BY HOT TAPPING WITH SLEEVE AND VALVE 8.136 Install 6"Tapping Sleeve c/w 4'RW Gate Valve,complete in place per each EA 10 3 I Ll.OZ 1,k 'Li 0.D•41 A-137 Install 8"Tapping Sleeve c/w 6•RW Gate Valve,complete in place per each EA 10 q)SIT.00 '3tj)'3V D aC A-138 Install 12"Tapping Sleeve c/w 10'RW Gate Valve,complete in place per each EA 10 L,11,t.s4,Cr:" L I.i"s43.C 2 A-139 Install 16"Tapping Sleeve c/w 12"RW Gate Valve,complete in place per each EA 10 t'3T S4 1.00 "1)5 114 j .3? FIRE HYDRANT A-140 Install FH Assembly(Up to 42'of Cover),complete in place per each EA 5 y I S4 7,43 22-i 31.l-S A-141 Install FH Assembly(43"-72'of Cover),complete in place per each EA 5 4`Ci 4,3,11 •2Z Sc i"1.US 8-142 Install tong Lead(Tee,Pipe and Valve)Greater Than 10'In Length,complete In place per each EA 5 lt k,4"0.ti �'y i'LL 1( .k' A-143 Install Short Lead(Tee,Pipe and Valve)Up to 10'in Length,complete in place per each EA 5 ti,115;80 'L\, ct-02 WATER METERS AND BOXES A-144+Install Water Meter and Water Meter Box,complete in place per each EA 10 41Z.:,-;.. 41 7 Z 0 Lis ADJUST VALVE BOX A.145 Adjust Valve Box,12"and Under,complete in place per each EA 10 50 I,.1"1 015.oL A-146 Adjust Valve Box,Greater Than 12',complete in place per each EA 5 5""7.01 1 l .15 TRENCH SAFETY A-147 Trench Safety for Remove and Install Waterline(Up to 42"of Cover),complete In place per linear foot LF 100 1•I g k.S.x70 A-148 Trench Safety for Remove and Install Waterline)43'-72"of Cover),complete in place per linear foot LE 100 4\,4 C \ t u.(ti, A-149 Trench Safety for Boring and Jacking/Pipe Bursting Pits(Up to 42"of Cover),complete in place per each EA 10 'I04-,T 3 '5 '*°•V A-ISOs Trench Safety for Boring and Jacking/Pipe Bursting Pits(43"-72'of Cover),complete In place per each EA 10 ,``711 C,-; cif j Gz,z,CC REPAIR ITEMS A 15I Cement Stabilized Sand,complete in place per ton TONS 100 S"J.1 o ,71 O-G d A-152 Clearing and Grubbing,complete in place per acre AC 1 'Lf C)Yo C- 'Z,I Q-•C' A153 Asphalt Pavement Repair,complete In place per square yard SY 100 "1 0.'(0 °71) 1 0-C. A-154 Concrete Pavement Repair,complete In place per square foot SF 100 /0 "i3 1 J53.3 A1SS1,Concrete Driveway Repair,complete in place per square foot SF 100 9.74 I 17 it.o2 A-I56 Concrete Curb Ramp Repair,complete in place per square foot SF 100 "LI,Si 1-1 I f6 5'0T A-157 Concrete Curb and Gutter Repair,complete in place per linear foot LF 100 LO.GfiGo l ,-.3z..'7 (. A-158 Concrete Valley Gutter Repair,complete in place per linear foot LF 100 0 ,, b 3-to 8-159 Concrete Sidewalk Repair,complete In place per square foot SF 100 V Q'%' Ili S.6= 8-160 Seeding,complete in place per square yard SY 100 l.IG 110•.."0 A-161 '30• - A-161 Sodding,complete in place per square yard SY 100 1,f.S Z o y.d` A-162 Wooden Fence,complete in place per linear foot LF 100 41-b 6 '{1 J 3 C.c: A-763 Chain Link Fencing,complete in place per linear foot LF 100 147•4,3 U 7 Z 3.Q> A1i64 Remove and Reinstall Residential Mailbox,complete In place per each EA 5 '.i'7.0 07. 2 S Ct c u L 2 ' WATER MAIN ABANDONMENT A165 Abandon 2"to 4"Water Main and Fill with Grout,complete in place per linear foot IF 100 L .14-L 2.17 cj 2-OZ A-166 Abandon 6"to 8'Water Main and Fill with Grout,complete in place per linear foot LF 100 2 7.41" 149 42,C.' A-167 Abandon 12'Water Main and Fill with Grout,complete in place per linear foot IF 50 43.04 $) L D: 8.168 Abandon 16"Water Main and Fill with Grout,complete in place per linear foot if 50 4'2r,e,b '1,)t S 1,J CASING PIPE BY CONVENTIONAL TRENCHING(INCL CARRIER PIPE) / t 8-169 install 12'Steel Casing Pipe w/6'Water Main by Conventional Trenching,(tIp to 42"of Cover),complete in place per linear foot LF 50 Yf�!.-Tu '3 i O''I Q`. A1701 Install 12"Steel Casing Pipe w/6'Water Main by Conventional Trenching(41"-72'of Cover),complete in place per linear foot if SO to j..13 31 tp 1.a". A171 Install 16"Steel Casing Pipe w/8'Water Main by Conventional Trenching(Up to 42"of Cover),complete in place per linear foot LF SO 1 34.1,c (n 4 ;--08.172 Install 16"Steel Casing Pipe w/8'Water Main by Conventional Trenching(43"•72'of Cover),complete in place per linear foot LF 50 7 ti(''.t4' S t1 3 2')J.G; A-173 Install 20"Steel Casing Pipe w/12"Water Main by Conventional Trenching(Up to 42"of Cover),complete in place per linear foot IF 50 '7:';.Oct 1 Cr IY4.11 A-174 Install 20"Steel Casing Pipe w/12'Water Main by Conventional Trenching(43"-72"of Cover),complete in place per linear foot IF SO 243"(,t1 l i i lyg2't A-17S Install 30"Steel Casing Pipe w/16'Water Main by Conventional Trenching,(Up to 42"of Cover)complete in place per linear foot IF 50 307:1 0 ,Sl,/r5-5-.,11 A-176 Install 30"Steel Casing Pipe w/16"Water Main by Conventional Trenching(43"-72"of Cover),complete in place per linear foot IF 50 3g p.Ks— 1 Cj 401155-0 CASING PIPE BY BORING AND JACKING(INCL CARRIER PIPE)(0 10 1004t) A-177 Install 12'Steel Casing Pipe w/6"Water Main by lacking and Boring(Up to 42"of Cover),complete in place per linear foot if 50 1.1 S.'i1, )0 i 'Us-2z A-178 Install 12"Steel Casing Pipe w/6"Water Main by Jacking and Boring(43"-72'of Cover),complete in place per linear foot LF 50 223.04 11 1\CZ.C..`a. 170, A-779 Install 16'Steel Casing Pipe w/8"Water Main by lacking and Boring(Up to 42'of Cover),complete in place per linear loot IF 50 4./C 11 t"(1).' 3 8-180 Install 16'Steel Casing Pipe w/8"Water Main by lacking and Boring(43"-72"of Cover),complete in place per linear foot IF 50 31734- 19•i t4.t%1 A-181 Install 16"Steel Casing Pipe w/8'Water Main by lacking and Boring(43'-72"of Cover).complete in place per linear foot if SO 1'S"1.IA 1 l)C0.--J 1 A-182 Install 20"Steel Casing Pipe w/12'Water Main by lacking and Boring(43".72"of Cover),complete in place per linear foot LF 50 g(,S-.;t u 11,'i c,:et A-163 Install 30"Steel Casing Pipe w `/16'Water Main by Jacking and Boring(Up to 42"of Cover),complete in place per linear foot LF SO 7 I, q 0 Z t. 1 4 c O: A-184 Install 30'Steel Casing Pipe w/16"Water Main by Jacking and Boring(Up to 42"of Cover),complete in place per linear foot LF 50 f, .3'0 7'i(0.LS c0' CASING PIPE BY BORING AND JACKING(INCL CARRIER PIPE)(Greater Than 100-N) A-185 Install 12"Steel Casing Pipe w/6"Water Main by Jacking and Boring(Up to 42"of Cover),complete in place per linear foot 1% ..3, 7,l 11 S.0 A-186 Install 12"Steel Casing Pipe w/6'Water Main by lacking and Boring(43".-72'of Cover),complete in place per linear foot IF 100 1-45g l n 1 1.=d 8.187 Install 16"Steel Casing Pipe w/8"Water Main by lacking and Boring(Up to 42"of Cover),complete in place per linear foot LF 100 _S9,1-S' t92c.c.0 4.188i Install 16"Steel Casing Pipe w/8'Water Main by Jacking and Boring(43"-72"of Cover),complete in place per linear foot IF 100 '3 1 '41.4 A-189 Install 20"Steel Casing Pipe w/12"Water Main by Jacking and Boring(Up to 42"of Cover),complete in place per linear foot IF 100 ^dab.4S71 A(yQ 2.G v A-190 Install 20'Steel Casing Pipe wj 12"Water Main by Jacking and Boring(43"-72'of Cover),complete in place per linear foot LF 100 1C2.-41,� i �l t I L Y 2-.e1. A-191 Install 30'Steel Casing Pipe w/16'Water Main by Jacking and Boring(UP to 42"of Cover).complete in plate per linear foot if 100 c3.) Ve G 52.i4L•Z: ' A-192 Install 30"Steel Casing Pipe w/16'Water Main by lacking and Boring(43"-72'of Cover),complete in place per linear foot LF 100 5-4t-,LZ S 14 l1-.17,0 TREE REMOVAL - A-193 Tree Removal Up To 8"in Dia.,complete in place per each EA 5 444?,c'0 'L I L 11-.ti-° A.194 Tree Removal Greater than 8'in Dia.,complete in place per each EA 5 KSS..0Z I) SLC G% 8-195 Brush Removal,complete in place per acre AC 1 "31SII0.0..`' .n cv-v' TRAFFIC CONTROL A-196 Signing and Traffic Control(Scenario 1)complete in Place per Day I DAY 1 5 1 X34.0,. \\-1-10.,z,: Bid Forth Exh,b;t A City-Wide Water Distribution System Repair and Replacement-ODIC))Procurement-Project 8610 DO 30 01-3 1 11'11' 1i' Item r Estimated Description Unit Unit Price Extended Amount No. _ Quantity A-197 Signing and Traffic Control(Scenario 21 romp!ete in Place per Dry v-_DAY 5 t21 4 a 1 v.:.i.: A-198 Signing and Traffic Control(Scenario 3)complete in Place per Day DAY 5 (U'i,cr: `;i Vi S „DLL A-199 Signing and Traffic Control(Scenario 4)complete in Place per Day DAY 5 r 9 D•C.: .2 1 7 T J. A-200 Signing and Traffic Control(Scenario S)complete in Place per Day DAY S .7 U s-vii; 1,c-stet-Li A-201 Signing and Traffic Control(Scenario 6)complete in Place per Day DAY 5 .-) t,p 0 •11c1 I-.;, A-202 Signing and Traffic Control(Scenario 7)complete in Place per Day DAY 5 Sli Z L 3; ll 01.0.0i, , A-203 Signing and Traffic Control(Scenario 8)complete in Place per Day DAY 5 c 55'.4: qt U],'.a 4 A-204 Signing and Traffic Control(Scenario 9)complete in Place per Day DAY 5 L i 7 9E.GE Lai 4 ri O.G: A-205 Signing and Traffic Control(Scenario 10)complete in Place per Day DAY 5 VI s;S.to Oi..1 C1.11 0, - A-206 Signing and Traffic Control(Scenario 117 complete in Place per Day DAY 5 r:: -4 Z Lr)nom'.JJ A-207 Signing and Traffic Control(Scenario 12)complete in Place per Day DAY 5 is s 1 LA•a0 -' (1.,C.5•02' A-208 Signing and Traffic Control(Scenario 13)complete in Place per Day DAY 5 'p2,'. c-s(p.C3 A-209'Signing and Traffic Control(Scenario 14)complete in Place per Day DAY 5 2112,4.`"I' 1 d 11,1,3.:f. 8-210 jAger,complete in place per day DAY 5 •y1L.J: 111$0.:12 A-211 Flashing Arrow Board,complete in Place per Day DAY 5 g2-.L.0 lit 13.ce POLLUTION CONTROL MEASURES A-212 Furnish and Install Silt Fence,complete in place per linear foot IF 100 '3,C1 1 b'(. A-213 Furnish and Install Fiber Rolls,complete in place per linear foot IF 100 4-'LEo 41..t..‘31' Li A-214 Furnish and Install Rock Filled Bags,complete in place per linear foot LF 100 9. a 44+. C A-215 Furnish and Install Rock Filter Dam,complete in place per lump sum LS 1 2(Ott..0j 1"+-,L2' A-216 Furnish and Install Construction Entrance/Exit,complete in place per lump sum IS 1 2 i CRtr-G; L,jh ' 1,- C G WELL POINTING t A-217 Well Pointing for Water Main installation(Up to 42"of Cover),complete in place per linear foot IS 100 L}8,(a Y 14 S,1 bf-v.« A-218 Weil Pointing for Water Main installation(43"-72"of Cover),complete In place per I near foot IF 100 C',`C 1 S C t cs t Y. Q` PRECONSTRUCT1ON EXPLORATORY EXCAVATION , A-219 Preconstruction Exploratory Excavation IF 100 in ZD 0 Z,J.0 2 A Subtotal Non-Emergency Items(Sum of Extended Amounts for each Base Bid Line Item A-01 through A-219) $ EMERGENCY SCENARIO PRICING(Hypothetical Scenario No.2) _ B-01 Mobilization,complete In place per lump sum L5 1 231,,c; 1,' Lv.i7 , '2.3 ♦;till•Cr:. 13-02 Remove and Dispose of 8'Oiam.ACP Waterline(Up to 42'of Cover),complete In place per linear foot IF 675 'tikl(,rfi 1 (1 01 J: 8-03 Install 8'Diam.0900 DRIB PVC Waterline(Up to 42"of Cover),complete in place per linear foot IF 675 .'7, c,., 2S(4S6-TS- B-04 SB-04 install 8'R/W Gate Valve,Complete in place per each EA i, 2 I. 2 i2 I-LnC- 2 to U;.2:. B-05, Install 8'45 Deg Bend(Ml),complete in place per each EA 4 '5 1,1,$O \i t 5 f{.Si B-06 install B"Reducers-All Sites IMI),complete in place per each EA 2 111,3 0 S-4"51.Ir J B-07 Remove and Replace S/8"to 3/4'Copper Service(Up to 42'of Cover),complete in place per each EA 8 (1)4 4'D 14 C)Sit,c: B-08 Connect to Existing 4'Water Main,complete in place per each EA 1 1+04$-i'1 1 ^.7'Z.Sq 7 8.09 Connect Existing 6"Water Main,complete in place per each EA 2 1 t i.=;, Ii 'Ls S 1•5.4 8-I0 Connect Existing 8"Water Main,complete in place per each EA 2 1 LOS-Ala `)—5 1, I •D B-11 Install FH Assembly(Up to 42'of Cover),complete in place per each EA 2 r4'oy'jl.),10 3;649 i' -MD B-12 Install Short lead(tee,Pipe and Valve)Up to 10'in Length,complete in place per each EA 2 N. to'7rf.r/o 2, 3 c •-A4 B-13 Trench Safety for Remove and Install Waterline(Up to 42"of Cover),complete in place per linear foot Lf 1350 2.14 � 1 f31a,-V,;. B14 Cement Stabilized Sand,complete in place per ton TONS 330 V4-f[t1 1kf`Z11-OD 8-15 Asphalt Pavement Repair,complete in place per square yard SY 225 I .04 }iS ,7"0 6-16 Concrete Driveway Repair,complete in place per square foot SF 480 /O.i1 4 S,j J.t{ 0.17 Concrete Curb and Gutter Repair,complete in place per linear foot LF 100 23.Y4 213 w G ...1:- B-IR 7B-IS♦Concrete Sidewalk Repair,complete in place per square foot SF ii100 41,E 9 0,414-02 B-19 Signing and Traffic Control(Detail A)complete in Place per Day DAY 7 590_Gt`2 407 S-0- B-20 Furnish and Install Fiber Rolls,complete in place per linear foot III20 2 li .G Subtotal Hypothetical Scenario No.2(Sum of Extended Amounts for each Base Bid Line Item B-01 through 8-20) $151,S(rc).51. Emergency Coefficient-(Bidder shall apply a Multiplier of up to 2,to the Subtotal Hypothetical Scenario No.2) (1,5~ 0 I _ Subtotal Emergency Scenario Pricing(Subtotal of Hypothetical Scenario No.2 Multiplied by the Emergency Coefficient) $)3,')t4Sr..r BID SUMMARY A Subtotal Non Emergency Items(Sum of Extended Amounts for Each Base Bid Item A-St through A-219) 5,2'- •)p 411.to Ei B Subtotal Emergency Scenario Pricing(Subtotal Hypothetical Scenario No.2 Base Bid Une Item B-01 through B-20,Multiplied by Emergency Coefficient) 51,1_11 l.(t-4. Total Base Bid(A.0)For Evaluation Purposes Contract� Times c Bidder agrees to reach Substantial Completion in 335 days I D Bidder agrees to reach Final Completion In 365 days Bid Form Exhibit A City-Wide Water Drstnbubon System Repair and Replacement-(1010)Procurement-Project 8010 00 30 01-4 t 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. 0 Bidder qualifies as a nonresident bidder whose principal place of business or residency is in 1 the State of C� 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: -X/Nlvcsi-s I:L.C. C>aJOC. CLL 11`10J:�. Sr.-0;c,c dorprint By: (signature—attach evidence ofAAauthorityri�/to sign) Name: ,js l �,., c _ el s .4 (typed or printed) Title: am? Business address: 7.0. 'box (2.(�( lvrar , ( 1"/o Phone: 16/-04-606.7 Email: CC ll a ar.L. .pLL;,..4,.,. END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 City-Wide Water Distribution System Repair and Replacement-(101Q)Procurement—Project 8610 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 H.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. 1J Name of person who has a business relationship with local governmental entity. Ub.L. �.�t•.. 7��cc1 ElCheck this box if you are filing an update to a previously flied 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. 1)14- Name o Officer This section (item 3 induding 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 CIO 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? nYes 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? n Yes f 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? nYeso D. Describe each employment or business relationship with the local government officer named in this section. N (A_ 111110- 7/2-fif r Signature of person doing business with e governmental entity Dat Adopted 08/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION Cy o CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST 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: CPC. Tnke.rec-si Lt-c. e G "?.,rib.c. �.-,ii«r P.O.BOX: 17- ' STREET ADDRESS: CITY: [ isr?0,1 ; CL- .� ZIP: 70/0/- FIRM IS: I. Corporation 2. Partnership Fr 3. Sole Owner 0 4. Association S. Other U DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) d IA 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 ti IA 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 A 4 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 'v /l 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 confect 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: el;„4,4 C eLL Title: ; (Type or ) Signature of Certifying Date: Person: -3/2 /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: Programmed Water Line Service Life Extension City Wide Water Distribution System Repair and Replacement-1101Q)Procurement, Funding Source FY 2014 Prosect No.8610 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. 1 Company Name: CPL .uk LLf. I^.16,(, % c�l•ti 4e,-„ici (typed or printed) / By: (signotur . evidence of•T- o gn Name: ;,L.Q!.� C _ (?f (typed or printed) Title: �rc, Business address: r?-i) . IDX WV V rx -7Jyo/ Phone: ni(ol-h6—Lhd'r Email: END OF SECTION Non-Collusion Certification 00 30 06-1 City-Wide Water Distribution System Repair and Replacement-(IDIQ)Procurement-Project 8610 11-25-2013 A SureTec V BID BOND • KNOW ALL MEN BY THESE PRESENTS,that we Clark Pipeline Services.LLC as principal,hereinafter called the °Principal,'and SURETEC INSURANCE COMPANY,9737 Great Hills Trail,Suite 320,Austin,Tx 78759,as surety,hereinafter called the°Surety,°are held and firmly bound unto City of Corpus Christi.Texas as obligee, hereinafter called the Obligee, in the sum of Five Percent(5%)of the Amount Bid by Principal for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the principal has submitted a bid for Proorammed Water Line Service Life Extension City-Wide Water Distribution System Repair and Replacement-IDIQ)Procurement Funding Source 2014 Prolect No.8610. NOW,THEREFORE,lithe contract be timely awarded to the Principal and the Principal shall within such time as specified In the bid,enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED,HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project SiGNED,sealed and dated this 25,11 day of March, arkP ._fi_ -,ices_ C (Principal) BY: TITLE !iu:E1 SureTec Insurance Company BY: A . .-alar. . - '7*' is M Descant,Jr., '!mey-in-Fact • 12vgohpc st2 Rev 1.1.06 POA et 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY mow All Men by These Prase nb, That SURETEC INSURANCE COMPANY(the "Company"), a corporation duly organized and existing under the laws of the State of Tetras,and having its principal office In Houston,Harris County,Texas,does by these presents make,constitute and appoint Deborah Bishop,Jeffrey L Brady,Dennis M.Descant,Jr.,Cheryl A.Sanders its true and lawiW Attorney-In-11o,with Bill power and authority hereby marred hi its name.place and stead,to execute,acknowledge and deliver any and all bonds,recognizance's,undertakings or other instruments or contracts of to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby retifYing and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 124112015 and is made under and by authority of the following resolutions ofthe Board of Directors of the SureTec Insurance Company: Is It Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with Edi power and authority to appoint any one or more suitable persona as Attomey(s)-In-Pact to represent and act fir and on behalf alba Company subject to the iollowing provisions~ Attonny.kr-Fogy may be given foil power and authority for and is the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,reco®dzance%contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or tang the Compmy'a liability thereunder,and any such instruments so executed by any such Atomey-in-Foet shall be binding upon the Company as Ifsigned by Om Prodded and sealed and effected by the Corpora's Secretary. Be It Resolved that the signature of any authorized officer and seal dike Company heretofore or hereafter affixed to any power at attorney or any certificate rating thereto by firaimil%and any power of attorney or aeetl lcate bearing»heelmile sigma=or hesioule seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meerbg bald on 2016 of dprli 1999,) In Wetness Wheragf,SURETECINSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day ofMarch.A.D.2013. . � =RUC INSURANCE COMPANY 40 lie : e4 , d 4 cI BY:. StmeafTsucas s:: W3 rygu $ John os Jr t County of/leafs On tins 21st day ofhtaza6,AD.2013 before me personally came John Knox Jr,tome known,who,being by me duly sworn,did depose and may,duet ho resides In Houston.Texas,that be is President of SURETEC INSURANCE COMPANY,the company described In and which executed the above lostrumat that he knows the seal of said Compaq;that the seal affixed to said instrument is sods corporate seal;that it was so affixed by ardor of the Board of Directors of said Company;and that he signed his name thereto by like order. I > .lACCRELVN&MONACO w,k tlotelyPld<9e $fid , 8ts6cITsms il\ARCr 'iia•' kwComm.Em.aflen0t7 Ja elyn Maldonado,Notary Public My commission expires May 18.2017 1.M.Brent Beaty.Assistant Sectary of SUREIBC INSURANCE COMPANY,do hereby cad&that the above and foregoing is a bus pa(.cgrr y. of a Power of Attorney,executed by add Company,which Is aril in Mt force and a and Snthermare,the resolutions of the Baled of9t dbrk74: out in the Power of Attorney ore in bull force end effect. :......:`• . — Given under my hand and the seal of said Company at Houston,Texas this 25th day of_' .. s •_ $. ;,ASD. ~ - .. _ _,............. 1, r .. a �• Br,.tHasty,Assistant 4xjr': Any toabument issued In excess of the penalty stated above is totally void anal without any vafldity. For ver(taton of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 8.•00 pm CST. • SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099.You may also write to the Surety at SureTec Insurance Company 9737 Great Hills Trail,Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for,and the surety shall not be liable for, losses caused by acts of terrorism,riot,civil Insurrection,or acts of war. Exclusion of Liability for Mold,Mycotoxins,Fungi&Environmental Hazards • The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be liable for,molds,living or dead fungi,bacteria,allergens,histamines,spores,hyphae,or mycotoxins,or their related products or parts,nor for any environmental hazards,bio-hazards,hazardous materials,environmental spills, contamination,or cleanup,nor the remediation thereof,nor the consequences to persons,property,or the performance of the bonded obligations,of the occurrence, existence,or appearance thereof. Rev 1.1.06 00 6113 PERFORMANCE BOND BOND NO. 4400035 Contractor as Principal Surety Name: Clark Pipeline Services Name:SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): P.O. Box 1214 9737 Great Hills Trail, Suite 320 Corpus Christi,TX 78401 Austin, TX 78759 Physical address(principal place of business): Same Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): #8610 Programmed Waterline Service Life 866-732-0099 Extension City-Wide Water Distribution System Repair and Replacement(IDIQ)Procurement Telephone(for notice of claim): Same Local Agent for Surety Name: Kerry Woods/ Keetch & Assoc. Award Date of the Contract: June 9,2015 Address: 1718 Santa Fe Street Contract Price: $2.300.000.00 Corpus Christi, TX 78404 Telephone: 361-883-3803 Bond Email Address:kwoods@keetchins .corn Date of Bond: June 15, 2015 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 #8610 City-Wide Water Distribution System Repair/Replacement(IDIQ)Procurement 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 Nuec- - County, Texas for any legal action. Contractor as Principal Surety Sure nsu c: .+y=i=•. Clark Pipe Se e �� Signature: � Signature: • Name: C�,, ,uC. C . �,� Name: Dennis M. Descant, Jr. Title: Attorney in Fact dennis .descant@bch-insurance.con Email Address: ccL A,...ec LP' Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 #8610 City-Wide Water Distribution System Repair/Replacement(IDIQ)Procurement 7-8-2014 00 6116 PAYMENT BOND BOND NO. 4400035 Contractor as Principal Surety Name: Clark Pipeline Services Name: SureTec Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box1214 9737 Great Hills Trail, #320 Corpus Christi,TX 78401 Austin, TX 7 8 7 5 9 Physical address(principal place of business): Owner Same Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Texas Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #8610 Programmed Waterline Service Line 8 6 6-732-0 0 9 9 Extension City-Wide Distribution System Repair and Replacement(IDIQ)Procurement Telephone(for notice of claim): Same Local Agent for Surety Name: Kerry Woods/ Keetch & Assoc Award Date of the Contract: June 9,2015 Address: 1718 Santa Fe Street Contract Price: $2,300,000.00 Corpus Christi, TX 78404 Telephone:3 6 1-8 8 3-3803 Bond Email Address: kwoods@keetchins.corn Date of Bond: June 15, 2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 City-Wide Water Distribution System Repair/Replacement IDIQ Procurement#8610 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 i it were ci - ed at length herein. Venue shall lie exclusively in Nueces County, Texa or any legal action. Contractor qs Principal Surety Sur c Insu - 11`�Mgr Clark Pipeli 'ere- s /�J�� 4? ►` Signature: Signature: L (� Name: ,<,�, 0 Name: ennis M. Descant, Jr. Title: fr<< Title: Attorney in Fact dennis .aescantgbch-insurance.com Email Address: c�\,..,1-0._,e4,,4 ed.,4.. w..- Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 7-8-2014 City-Wide Water Distribution System Repair/Replacement IDIQ Procurement#8610 • POA#: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing wider the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Deborah Bishop,Jeffrey L.Brady, Dennis M.Descant,Jr.,Cheryl A.Sanders its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 001100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises, Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY suNANCF�. or .r IA, o� By: John 7rox Ji'resident State of Texas ss: 7�%. ,l� �/ c County of Harris •._. On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACOUELYN MALDONADO 4 Notary Pubic v� State of Texas t 1 My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary P blte My commission expires May-18,''2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true anti correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board Of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15th day of.lune, 2015 2015 A.D. . Bre.tBea ty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252- 3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512-475-1771 Web:http: %www.tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials,environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 1 Texas Rider 010106 A CERTIFICATE OF LIABILITY INSURANCE 6/2s 2015 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 Nicole Ybanez Swantner&Gordon Insurance Agency PHONE 361-561-2194 FAX 361-844-0101 A Higginbotham Company Ewa No,Ext): (A/C.No): PO Box 870 ADDRESS:nybanez@higginbotham.net Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security 24082 INSURED CPCINT INSURER B:Ohio Casualty Insurance Company 24074 CPC Interests, LLC dba Clark Pipeline Services / INSURER C:Texas Mutual Insurance Company 22945 PO Box 1214 Corpus Christi TX 78401 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:476980224 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. ADDL SUBR POLICY EFF POLICY EXP ILTRR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABIUTY / BLS56512183 2/1/2015 2/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR / PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Contractors Poll $$100,000 A AUTOMOBILE LIABILITY / BAS56512183 2/1/2015 2/1/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OS�ED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ B X UMBRELLALIAB X OCCUR / US056512183 2/1/2015 2/1/2016 EACH OCCURRENCE _$5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 - DED X RETENTION$$10,000 $ C WORKERS COMPENSATION /YTSF0001282215 2/1/2015 2/1/2016 X STATUTE OTH- ER AND EMPLOYERS'LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE YN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? / (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 f/ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) General Liability,Automobile,and Umbrella Liability[Follows Form Underlying]policies include blanket automatic additional insured endorsements tat provide additional insured status to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Capital Programs ACCORDANCE WITH THE POLICY PROVISIONS. Sylvia Arriaga-Construction Contracts Mgr PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CPCINT .--"*"."11NLOC#: ARD® ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Swantner&Gordon Insurance Agency CPC Interests, LLC dba Clark Pipeline Services POLICY NUMBER PO Box 1214 Corpus Christi TX 78401 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability,Automobile,Workers Compensation&Umbrella Liability[Follows Form Underlying]policies include blanket automatic waiver of subrogation endorsements that provide this feature only when there is a written contract between the insured and certificate holder that requires it. General Liability&Automobile policies include Primary Coverage to the certificate holder only when there is a written contract between the insured and certificate holder that requires such status. General Liability,Automobile, and Workers Compensation policies include an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. RE:#8610 Programmed Waterline Service Life Extension City-Wide Water Distribution System Repair and Replacement IDIQ ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD qç/ (y - COMMERCIAL GENERAL LIABILITY � ! y/ CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 V.-ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 Is KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 a BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT 8 Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2613 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 • b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or g (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. s With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; s 0 b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III • Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED •INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury' or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- : ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or 'volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- mffEem fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and s 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 • © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 0)(45 57Z «3 COMMERCIAL GENERAL LIABILITY CG 86 11 04 13 1t ik THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. c)i) ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: MEM COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for 'bodily injury" or"property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard'. somon However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage'. We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury' or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2013 Liberty Mutual Insurance CG 86 71 04 13 Indudes copyrighted material of Insurance Services Office.Inc.,with its permission . Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section II- Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ® 2013 Liberty Mutual Insurance CG 86 11 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 2 of 2 [g�(SO— COMMERCIAL GENERAL LIABILITY , CG 89 70 04 13 THI ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART moos "•••='''' Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: you have agreed in a written contract or written agreement to provide a person or organization notice MIS of cancellation we agree to the following: iProvide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with eminue whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting :aea_ notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. s ® 2013 Liberty Mutual Insurance CG 89 70 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 .10\t COMMERCIAL AUTO 01/S45 ( \a[l CA 88100110 V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: 'BUSINESS AUTO COVERAGE FORM - With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. - COVERAGE INDEX SUBJECT PROVISION NUMBER "ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 F, HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 / UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to 5500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Y SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: s (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. .24 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to 550 per disablement. b. For "light trucks", we will pay up to S50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" ,we will pay up to S150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of$50 per day and a maximum limit of $1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to S75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to S500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTSCOVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT s SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN !LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the sdate of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. - SECTION V -DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. - COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION s COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 P-(q$/ COMMERCIAL AUTO CA 88 62 01 13 111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIVER OF TRANSFER OF RIGHTS OF RECOVERY vWAGAINST OTHERS TO US Tis endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. SCHEDULE Name(s) of Person(s) or Organization(s): BLANKET AS REQUIRED BY WRITTEN CONTRACT s (If no name appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). s © 2013 Liberty Mutual Insurance CA 88 62 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 11,1q21/yCOMMERCIAL AUTO 11)\• t( 6� CA 88 o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. V AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice x/ of cancellation we agree to the following: a. Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. s x © 2012 Liberty Mutual Insurance CA 88 60 07 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 exasIvIIuu.Ull® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICYEMPLOYERS Inss aeCompany WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERAT IONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE , This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following"attaching clause"need b completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001282215 20150201 of the Texas Mutual Insurance Company Issued to CPC INTERESTS LLC Endorsement No. Premium$ (1144‘32. 15eAP--- NCCI Carrier Code 29939 Authorized Representative WC420304B(ED.6-01-2014) INSURED'S COPY QUSER 1-30-2015 WORKERSLIABILITY' COMPENSATIONINSURANCE POLAND EMICYPLOYERS TexasMttr Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on J at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001282215 20150201 of the Texas Mutual Insurance Company Issued to CPC INTERESTS LLC Endorsement No. Premium$ 744.4)2' . —t44/t — NCCI Carrier Code 29939 Authorized Representative WC420601(ED.1-94) INSURED'S COPY QUSER 1-30-2015