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C2015-337 - 7/14/2015 - Approved
,iaiiiill . 72 ( g 2015-337 7/14/15 M2015-053 Blastco Texas Inc. �. CONTRACT DOCUMENTS , FOR CONSTRUCTION OF CHOKE CANYON DAM SPILLWAY ... GATE REHABILITATION y PROJECT NO. E14043 a -� .„7c, OF 7-;.,11,It MIME C; j •�, 0 -N,,,.7 -,,, °,?,-,''''''''''' /t MATHEW L. MOSES . '''''''41-. ,. 'OS S 104462 / : b. ,,...(-:f- x+41;°NAL. . = .. "" of-11-15- C 1I. iFREESE AND NICHOLS, INC. TEXAS REGISTERED .. ENGINEERING FIRM F-2144 Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 1600N ,.. Corpus Christi, Texas 78401 Record Drawing Number [WTR449] April 13, 2015 i I E 00 91 01 ADDENDUM NUMBER 02 E , Project: Choke Canyon Dam Spillway Gate Rehabilitation Project Number:E14043 Owner: City of Corpus Christi - i / 4 I ; OAR: Jeffrey Edmonds, P. E. .---- , Designer: Freese and Nichols,Inc.—Mathew Moses, P. E. E .. Addendum No. 02 Specification Section: 00 91 02 Issue Date: 05/07/2015 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to E , acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. ., 1 I Approved by: [Designer] Name Date 1 This Addendum No. 2 is administratively issued to address the Addendum No.1 dated on 5/6/2015 with missing pages. I E L I I I i E Addendum No.02 00 91 01-2 4 Choke Canyon Dam Spillway Gate Rehabilitation i i I I I ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 11 16 INVITATION TO BID-Article 7: 1. The time for receipt of Bids is unchanged,which is 2:00 pm,Wednesday,May 13, 2015. 2. The submittal approach and location for the receipt of Bids is unchanged. ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. I 2.01 AMEND THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS A. SECTION 00 30 02 Compliance to State Law on Nonresident Bidders Add: SECTION 00 30 02 Compliance to State Law on Nonresident Bidders(See Attachment ILI B. SECTION 35 20 16.63 "Radial Gate and Stoplog Repairs"—Paragraph 2.01 A Materials shall be as listed below unless specified otherwise on the plans: Add: 7. Wire Ropes a. 1-1/4"diameter,Type 1,Class 3.Construction to match existing,composition 304 stainless steel,in accordance with Federal Spec.RR-W-410, Regular lay, direction to match existing. C. SECTION 35 20 16.63"Radial Gate and Stoplog Repairs' Paragraph[3.15]: DELETE: Paragraph 3.15 REPLACEMENT OF WIRE ROPES,SOCKETS,AND LIFTING ASSEMBLIES,AND LUBRICATION OF THE NEW WIRE ROPES entirely. ADD: 3.15 REPLACEMENT OF WIRE ROPES,SOCKETS,AND LIFTING ASSEMBLIES, AND LUBRICATION OF THE NEW WIRE ROPES A. Each spillway gate shall be in its fully closed position at the time of existing wire rope removal and new wire installation. All weight shall be taken off the ropes. B. The Contractor shall remove the existing wire ropes from each side of the gate and re-install new wire ropes in-kind. C. A rope tension test shall he performed on a sample of the new ropes in accordance with United States Army Corps of Engineers(USAGE)EM 1110-2-3200. Results shall be provided to the Owner and Engineer. Addendum No.01 00 91 01-2 Choke Canyon Dam Spillway Gate Rehabilitation E , I I D. The new wire ropes shall be pre stretched before attaching their end terminations.This shall be done by subjecting the ropes to three cycles I:- at 40 percent of their nominal strength.The 40 percent loads shall be held for 5 minutes with 5 percent loads for 5 minutes between cycles. E. The manufacturer shall perform all testing in accordance with Federal Spec.RR-W-410. E F. The new wire ropes shall be stress relieved,in accordance with Federal Spec.RR-W-410. 5, G. The new wire ropes shall be lubricated at the manufacturing facility,in F's accordance with manufacturer's recommendations. EH. New sockets,matching original design,shall be provided for each wire rope.Sockets shall be hot dip galvanized. I. The sockets shall be zinc-filled,shall be attached to the ropes at the E manufacturer's facility in accordance with manufacturer's recommendations,shall develop 100 percent of the strength of the wire rope,and shall be proof loaded prior to delivery(equivalent to 40 E percent of the nominal strength of the rope}.Results of the proof load shall be made available to Owner and Engineer. J. The existing wire rope clamps at the hoist drums shall be re-used E following abrasive blasting and re-coating,in accordance with Section 09 t‘,, 96 00.01"High-Performance Coatings". K. The new wire ropes shall be secured to the existing wire ropes drums to E match original design. The Contractor shall verify dimensions of the existing drum grooves to ensure they are suitable for the new wire rope. The ropes shall be wound on the drums under adequate and continuous tension.Rope length shall be provided to allow full operational travel of the gate and a minimum of two dead wraps of the wire rope shall be provided. It L New gate equalizer bars and pins and connecting links and pins, matching original design,shall be provided at each gate. All lifting „- assembly components shall be painted prior to installation in accordance E with Section 09 96 00.01"High Performance Coatings”. M. The new wire ropes shall be installed following gate recoating, N. The Contractor shall adjust the tension of the wire ropes to insure that they share load equally." 1 ARTICLE 3—QUESTIONS AND CLARIFICATIONS [ 3,01 QUESTIONS A. Question:"Is there a Word file of the Qualification Statement that we can use?' I Answer: "Yes,the Word file is available at httpdiengineercc.cornifrontenddocs.aspx4.Vtioq- 7wuUk and by clicking on the link for Front End Construction Contract Documents Division 00". E IAddendum No.01 00 91 01-3 Choke Canyon Dam Spillway Gate Rehabilitation I I I B. Question:"Please indicate what type of wire rope is desired. Also indicate the wire rope shop testing requirements?" Answer: The wire rope is described on the last sheet of the plan set as a 1 1/4"diameter stainless steel wire rope,with the length indicated as 18 meters,with(4) ropes per gate. Additional information concerning the wire rope is found in Addendum 81 2.01 B. C. Question: PDF Plan doc is a great start, however,the details on some of the pieces that require machining are missing plan view/dimensions. Is there a less condensed DWG package available, perhaps with less DWG per page layout? Answer: The machined part sheets are PDF's from the original record drawings from 1977. There are no DWG files for the machined Parts,however,the original dam construction was completed using these drawings. 11 Question: specification 003002 is missing Answer: We will issue an addendum including the specification 003002(Attachment 1) E. Question: MBE requirements? Answer: The City has Minority-Owned Business participation goals,as well as Minority Business Enterprise goals on each project. Contractors are to attem•t to offer as much work as possible to minority-owned businesses and MBEs. Some firms document those offers,the acceptance of the offers,or the rejection of the offers to prove their good faith effort to include minority subcontractors on a particular project. The offers are intended to provide authentic work assignments to the minority firms,and will be documented at the end of the project,as part of the project close-out paperwork. In order to receive final payment(typically 5%of the contract price)the contractor will be required to provide a listing of all minority firms(prime and/or subcontractors)that were on the project,includingthe dollar amount of the contract work performed by those minority firms. If no minority firms are employed on the project,as an alternate to the documentation of contract amount executed by minority firms, the City requires a statement signed by an officer of the corporation as to why minority businesses were not able to be Included in the project The minority- owned business classifications recagnized by the City include: Asian, Black, Hispanic Female, Hispanic Male,Native American,and Woman-owned. The MBE designations recognized by the City do not require particular certification, and MBE's can be self-identified. Many MBEs may be certified by a citystate or federal agency.The predominant certifier for minority businesses is the National Minor' Su••her Develo•ment Council. MBE status indicates that at least 51% of the business is minority-owned. Veteran-owned businesses may also qualify under certain certifications. F Will electronic bids be accepted on civ cast? Answer: Yes. END OF ADDENDUM NO.1 Addendum No.01 00 91 01-4 Choke Canyon Dam Spillway Gate Rehabilitation E E 0.0„00 TABLE OF CONTENTS I Division/ Title Section Division 00 Procurement and Contracting Requirements L 0011 16 Invitation to Bid(Rev 03/10/2015) 00 21 13 Instructions to Bidders (Rev 03/10/2015) L 00 30 00 Bid Acknowledgment Form (Rev 03/10/2015) 00 30 01 Bid Form (Rev 03/23/2015) 00 30 02 Compliance to State Law on Nonresident Bidders I00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest E, 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience L 00 52 23 Agreement(Rev 03/23/2015) 00 61 13 Performance Bond (Rev7/3/2014) 00 61 16 Payment Bond(Rev 7/3/2014) L00 72 00 General Conditions (Rev 3/23/2015) 00 72 01 Insurance Requirements(Rev 7/3/2014) I00 72 02 Wage Rate Requirements(Rev 03/11/2015) 00 72 03 Minority/MBE/DBE Participation Policy it 00 73 00 Supplementary Conditions Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances I0129 00 Application for Payment Procedures(Rev 03/11/2015) 0129 01 Measurement and Basis for Payment 1 01 31 00 Project Management and Coordination 0131 13 Project Coordination 01 31 14 Change Management 0133 00 Document Management 0133 01 Submittal Register(Rev 7/3/2014) L0133 02 Shop Drawings i Table of Contents 00 0100-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 L I I Division/ Title Section 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 0135 00 Special Procedures 0140 00 Quality Management I 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls I 0157 80 Care of Water During Construction 01 70 00 Execution and Closeout Requirements Part T Technical Specifications 05 12 00-T Structural Steel 09 96 00.01 -T High-Performance Coatings 35 20 16.63 -T Radial Gate and Stoplog Repairs Appendix Title I A RCRA Test Report I END OF SECTION I I I I I Table of Contents 00 0100-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 L 0011 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Choke Canyon Dam Spillway Gate Rehabilitation Project No. E14043 A. Spillway gates are numbered 1 through 7,with Gate 1 on the far left end of the spillway, looking downstream. Work listed to be performed on all seven gates and associated stoplogs and stoplog slots. Work is described in general, non-inclusive terms as: 1. Abrasive blasting and painting of the gates and stoplogs(and stoplog lifting beam) 2. Pit filling on gate skinplates 3. Structural repairs to the gates as depicted on the Drawings and as necessary following abrasive blasting 4. Possible bid alternate to provide additional structural members as needed 5. New rubber seals,clamp bars and fasteners on gates and stoplogs 6. Refurbishment of lower guide shoes on gates 7. New wire ropes,sockets and lifting assemblies on gates 8. Addition of cable wear plates on gates 9. Application of sealant on gate connections as depicted on the Drawings 10. Removal of existing pipe tap and skinplate patching on gates 11. Abrasive blasting, pit filling,and painting of the stoplog slots 12. Gate operation testing and adjustment of seals, as necessary B. Gate operation testing and adjustment of seals, as necessary 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$3,370,000. The Project is to be substantially complete and ready for operation within 640 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: http:/www.civcastusa.com/ 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement are received. Invitation to Bid 00 11 16-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 L I I 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday,April 28,2015 at 10:00 AM at the following location: Choke Canyon Dam 150 South Shore Park Road Three Rivers,Texas 78071 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 5:00 p.m. 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% 111 of the Contract Price. 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(5%)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, I or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on Invitation to Bid 00 11 16-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-1O-2015 I L L the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 7 below. 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 greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 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. ARTICLE 7—DELIVERY OF BIDS 7.01 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than 2:00 PM,Wednesday,May 13,2015 to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 1st floor of the City Hall Building. Bids received after this time will not be accepted. If submitting a hard copy bid or bid security by cashier's check or money order, please 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 Bid-Choke Canyon Dam Spillway Gate Rehabilitation, Project No. E14043 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 7.02 Bids will be publicly opened and read aloud at 2:00 PM,Wednesday, May 13,2015, at the following location: City Hall Building- City of Corpus Christi Invitation to Bid 00 11 16-3 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-201S I I I First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to either the lowest responsible Bidder or the Bidder who provides the best value who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers'Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. END OF SECTION I I I a I I 1 Invitation to Bid 00 11 16-4 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 I L I 00 72 01 INSURANCE REQUIREMENTS 1.0 ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price Required X Not Required Installation Floater Equal to Contract Price Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance Required X Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 I I B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of TexasI to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured II retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing II information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's fullI 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. I 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 InsuranceII 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. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. II 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: I 1. Claims under workers'compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. I Insurance Requirements 00 72 01-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV07-03-2014 I I I 2. Claims for damages because of bodily injury, occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury, sickness or disease,or death of any person other than Contractor's employees; 1 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: Li. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody,or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 3 3 h) Any loss to temporary Project Works if their value is included in the Contract Price. 3 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried3 under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 3 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. 3 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 3 underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 3 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers,directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 111 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. I Insurance Requirements 00 72 01-4 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 I I H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier, anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor,and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit,and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;flood; collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage (other than that Insurance Requirements 00 72 01-5 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 3 I 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 3 artificially generated electric current; earthquake;volcanic activity,and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 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. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. 3 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. 3 D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors,or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment,or other personal property not 111 expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS I A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. I B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 L I insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees,Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event,Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code§1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. Insurance Requirements 00 72 01-7 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 3 3 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 3 with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and t documentation of applicable self-insured retentions and deductibles if requested by the Owner. 3 B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 3 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 3 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. 3 P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82, TWCC-83,or TWCC-84),showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 3 Insurance Requirements 00 72 01-8 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 C 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the Project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 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 providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 3 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1) -(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or 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 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 07-03-2014 i I 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 SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Freese and Nichols, Inc. Capital Inspectors, Inc. L B. The following entities, along with the members of the OPT, are to be named as an additional insured on all insurance policies, except workers compensation insurance and the Contractor's professional liability insurance. United States Bureau of Reclamation I C. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Stoplog slots coated per plans and specifications b. Stoplogs rehabilitated per plans and specifications c. Lift gear rehabilitated on (7)gates per plans and specifications d. (7) Radial gates rehabilitated with all structural repairs, updates, and coating systems in place per plans and specifications 2. Only the following items not yet complete in accordance with the Contract Documents: a. Final touch up of stoplog coating system b. Return of stoplogs to resting pad Supplementary Conditions 00 73 00-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 11-25-2013 L I I 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 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. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at Choke Canyon Dam is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 1 July 2 February 1 August 1 1 March 1 September 2 April 1 October 1 May 2 November 1 June 2 December 1 3. A total of(32) rain days have been set for this Project, based on an average annual 3 rainfall at the site of(16) inches. An extension of time due to rain days will be considered only after(16) 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 I SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions ! Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following—None 2. RCRA Hazard Testing Report a. By Test America, March 2015 3. Drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) include the following: Supplementary Conditions 00 73 00-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 11-25-2013 L I a. Original United States Bureau of Reclamation Record Drawings, 1982 kept at the Dam Supervisor's office. 4. Technical Data: a. Spillway Gate Inspection and Assessment for Choke Canyon Dam by Freese and Nichols, Inc.,June 7 2013. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. 1. Environmental Reports include the following: a. RCRA Hazard Testing Report by Test America, March 2015 1) The Contractor may rely on the following Technical Data in using this document: a) Lead b) Asbestos c) PCB's d) 6 other heavy metals, including Arsenic, Beryllium, Cadmium, Chromium,Silver,Vanadium 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 I C L Supplementary Conditions 00 73 00-3 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 14,2015 , is between the City of Corpus Christi (Owner) and Blastco Texas,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Choke Canyon Dam Spillway Gate Rehabilitation#E14043 A. Spillway gates are numbered 1 through 7,with Gate 1 on the far left end of the spillway, looking downstream. Work listed to be performed on all seven gates and associated stoplogs and stoplog slots. Work is described in general, non- inclusive terms as: 1. Abrasive blasting and painting of the gates and stoplogs(and stoplog lifting beam) 2. Pit filling on gate skinplates 3. Structural repairs to the gates as depicted on the Drawings and as necessary following abrasive blasting 4. Possible bid alternate to provide additional structural members as needed 5. New rubber seals, clamp bars and fasteners on gates and stoplogs 6. Refurbishment of lower guide shoes on gates 7. New wire ropes,sockets and lifting assemblies on gates 8. Addition of cable wear plates on gates 9. Application of sealant on gate connections as depicted on the Drawings 10. Removal of existing pipe tap and skinplate patching on gates 11. Abrasive blasting, pit filling, and painting of the stoplog slots 12. Gate operation testing and adjustment of seals, as necessary B. Gate operation testing and adjustment of seals, as necessary ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. Agreement 00 52 23-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 800 N.Shoreline,Suite 1600N Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk,Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Road, Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 640 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 670 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. Agreement 00 52 23-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid+Add.Alt No. 1 $ 2,655,800.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 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 00 52 23-3 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 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; Agreement 00 52 23-4 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 2. The means, methods,techniques,sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. Agreement 00 52 23-5 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 ATTEST CI or •P. C I2-iirC'e--` - I ' Agi/A—#kA,_ AP% City Secretary J.H. Edmonds, P.E. �� r ,5 Director of Capital Programs APPROVED AS TO LEGAL FORMZ WJO73AUIHUIL . sst. City Attorney !Y COUNCIL SECRETARv ATTEST(IF CORPORATION) CONTRACTOR Te ,�,, ft Blastco Texas,Inc. , (Seal Bklow) [hiJi By: Note: Attach copy of authorization to sign if • Person signing for Contractor is not President, Title: iCQ tre.iclear ..- • V J'e% Vice President, Chief Executive Officer, or Chief Financial Officer 5514 East Hampton Dr. Address Houston,TX 77039 City State Zip 281/590-3200 Phone viriinia.harp@tfwarren.com EMail END OF SECTION Agreement 00 52 23-7 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-23-2015 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance wit the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by �(16-�(t; �e__>co i� .7 r C_ . (type or print name of company)on: May 13, 2015 for E14043—Choke Canyon Dam Spillway Gate Rehabilitation. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at https://www.civcastusa.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Choke Canyon Dam Spillway Gate Rehabilitation, Project No. E14043 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of 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 Bid Acknowledgement Form 00 30 00-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and Bid Acknowledgement Form 00 30 00-2 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03-10-2015 all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the greatest amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. eit• Bid Acknowledgement Form 00 30 00-3 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV 03.10.2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 640 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 670 days 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. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 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 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. Bid Form. 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. Bid Acknowledgement Form 00 30 00-4 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 REV O3.10-2015 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. 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: c)_)e, Cks\ {lam 1-2...)<a61 Tt1C. (typed or printed f gal name of Bidder) ,' By: • ividual's signature) Name: r (typed or pri`n Title: \g1C 4-?Ces1der* 2r2(C\ 1V\anc qee (typed or printed) J Attest: (individual's signat� State of Residency: —re X Ck Federal Tax Id. No. 20 - y/C( 3 i 9 2 Address for giving notices: SS S ) ( j +-)C yrpp+on T x 7 TO Phone: 3)-59 3200 Email: Ulr� 11710 • (i) fP oo rref . C0n1 (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.) Bid Acknowledgement Form 00 30 00-5 Choke Canyon Dam Spillway Gate Rehabilitation-E14043 REV 03-10.7015 BE IT RESOLVED by the Board of Directors of Blastco Texas Inc.in a meeting duly assembled that Jay Soper, General Manager/Vice President of the Corporation, be, and he is hereby authorized, empowered and directed for and on behalf of the Corporation to negotiate for and sign any and all bid proposals and/or contracts which this Corporation might enter into for the furnishing of services for the Corporation under such terms, conditions, and stipulates and for such consideration as he might deem to the best interest of the Corporation. I,Cheryl Soper,Secretary of Blastco Texas Inc., do hereby certify that the above foregoing is a true and correct copy of a resolution unanimously adopted at a meeting of the Board of Directors of said Corporation held on the 15`"day of January 2015,at which meeting all member of the Board of Directors were present and voted thereon and that said Resolution has been spread upon the minute books of the Corporation and same is now in full force and effect. WITNESS MY SIGNATURE this 21'day of January 2015,at Houston,Texas. Secretary END OF SECTION •r Bid Acknowledgement Form 00 30 00-6 Choke Canyon Dant Spillway Gate Rehabilitation—E14043 REVO3-102015 00 30 01 BID FORM 00 30 01 BID FORM Project Name: Choke Canyon Dam Spillway Gate Rehabilitation Project Number: E14043 Owner: City of Corpus Christi Bidder: Ej\05*-cc Te.)(,a 'i rrICI.. OAR: TBD Designer: Freese and Nichols,Inc. Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) A-1 Mobilization and Demobilization 1 LS $11,5,0x,cc S it,5,ceo•ee Erect and Remove Temporary Work Platform and A-2 Scaffolding 7 EA $ 15f 060 co $ (h;1cCOtC C- A-3 Erect and Remove Temporary Containment 7 EA $251CXaO•VC $ i 45,ccY?,cc A-4 Furnish and Install Temporary Gate Supports 7 EA $ cob1C0C, $3S,crx,,cz Spillway Gate Surface Preparation to a'Near White'Abrasive A-5 Blast Condition 7 EA $ ,000.DO 5A-11'L,cCC'R A-6 Re-coat Spillway Gates 7 EA 5 EcY,cto.Cr $L{ O, t,a) A-7 Furnish and Install New Spillway Gate Side and Bottom Seals 7 EA $ i77qr,cc S8'/ccc.co Furnish and Install new Spillway Gate Side and Bottom Seal A-8 Clamp Bars and Fasteners 7 EA $41C, C,Ce $24.54 037,CO A-9 Add Wire Rope Wear Plates 14 EA 5 3, WO. 5 Li4C00,0C) Repair Steel Skin Plates-Spillway Gates(per Engineering A-10 direction) 8750 SF $ (Q, 00 $8',Six,CO A-11 Refurbish Spillway Gate Lower Guide Shoes 14 EA $ li 000,cc $ j L{1Qt,CO A-12 Replace Spillway Gate Wire Ropes and Sockets 28 EA 5 Hi 000, CC $1)21OW,OO A-13 Replace Spillway Gate Wire Rope Lifting Assemblies 14 EA $H,5G0 OD $63,ca'.00' A-14 Remove Existing Skinplate Tap and Patch Skinplate 25 LB $ 1001 00 $ 215W,6) A-15 Cut Out and Replace In-Kind Members 360 LB $ 2C,CO $'7r 200,Co A-16 Apply Sealant to Specified Bolted Connections 1000 FT $ 15,00 $ b,cc0,00 A-17 Perform Field Tests and Commissioning-Spillway Gates 7 EA $ 215c04 CO $ I 71500,(JD Spillway Stoplog Surface Preparation to a'Near White' A-18 Abrasive Blast Condition 6 EA $ICI C00.COS tOi CCX.1•OD A-19 Re-coat Spillway Stoplogs 6 EA $ Gt5 1 0 $SA,ccO,c,:' A-20 Furnish and Install New Spillway Stoplog Seals 6 EA $ 0000. 0g $34000. co Furnish and Install New Spillway Stoplog Seal Clamp Bars and A-21 Fasteners 6 EA $15/0c0,OG $90,CCC,oc Spillway Stoplog Slot Surface Preparation to a'Near White' A-22p Abrasive Blast Condition 7 EA ' $ 0'00. CO StL,5-c.C,Ccs Bid Form :- :os Choke Canyon Dam Spillway Gate Rehabilitation-Project No.E14043 00 30 01 BID FORM ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT A-23 Repair Spillway Stoplog Slots(per Engineer Direction) 440 SF $ y0, ( ) $( J(..coLoos co A-24 Re-coat Spillway Stoplog Slots 7 EA $qj Oji),C $CC 700,CD A-25 Stoplog Lifting Beam Surface Preparation and Re-coating 1 EA $f g 1 $ ]q,5-, a• SUBTOTAL PART A-GENERAL(Items A-1 thru A-25) $2,y}! C-'.Lt Part B-ALLOWANCES(per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) B-1 'Miscellaneous Additional Repairs-as needed 1 LS $ 200,000.00 $ 200,000.00 SUBTOTAL PART B-ALLOWANCES (B-1]) $ 200,000.00 Part C-ADDITIVE ALTERNATE NO.1 (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) C-1 lCut Out and Replace In-Kind Members-Additional 200 LB $ 2C, OC:, $ Nrcco,CC SUBTOTAL PART C-ADDITIVE ALTERNATE NO.1(C-1) $ q,co,c co BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A25) $ 2j 4451, +co,,PCC SUBTOTAL PART B-ALLOWANCES(Item B1) $ 200,000.00 TOTAL PROJECT BASE BID(PARTS A THRU B) $ 2/ 571 $CO:C'- SUBTOTAL PART I-ADDITIVE ALTERNATE NO.1 (Item C1) $ 'I r 0OC',CC TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PART I) $ `I COC)s OD - Contract Times Bidder agrees to reach Substantial Completion in 640 days Bidder agrees to reach Final Completion in 670 days Bid Form Paz,e 2 of Choke Canyon Dam Spillway Gate Rehabilitation-Project No.E14043 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. 7.] Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. offta 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: \Dlc, k co_ t , (typed or printed) By: f (sig re •ottoch evidence of authority to sign) Name: a\I SOP Qr (typed or grin d) Title: tC,2Y1� ei GnG 1 'ev- Business address: Si V (G S+ fl Cit-v)• }on 0r.• L1 Phone: Z8/-5(10-3&0 3o Email: �� r (hf qe hctr?ta Tri1Qrrem.con1 END OF SECTION Addendum No.1 Attachment 1 Page 1 of 1 Compliance to State Law on Nonresident Bidders 00 30 02-1 Choke Canyon Dam Spillway Gate Rehabilitation 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. J Name of person who has a business relationship with local governmental entity. C Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. /A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No N/A B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No P/A C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No !u D. Describe each employment or business relationship with the local government officer named in this section. NIA 00. g---- 3_ I s--- Signature of person d. business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest allil SUPPLIER NUMBER TO BE ASSIGNED BYZITY- - = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. -t� -T COMPANY NAME: IGl o t e 7�C,t v( +nc.. P.O.BOX: "— STREET ADDRESS: 55)ti &,s+ .{.komotti 'L�,,.CITY: 43us-Von ZIP: 4,703 FIRM IS: 1. Corporation rr 2. Partnership = 3. Sole Owner 0 4. Association {J 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) ew 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." Namet%)/ Title 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name 1l� Board,Commission or Committee k. ift- 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 WM FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: �Gt1 { ` O Title: kit Ce }?reslcjen4 baler('I f Ofcfei (Type or Print) Signature of Certifying Date: Person: — 'DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 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: Choke Canyon Dam Spillway Gate Rehabilitation E14043 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: c S cCo TE'?<<ts f l►'1C (typed or, inted) By: (signature-- •. .ch evidence of authority to sign) Name: 36t S°Per (type or printed) Title: \J t(E Y f e_ 1 c t y\-1- 6 er€fCt t Ct ncij 2►^ Business address: 551'4 e651- t'tC�ti'rlp-}-flr-, �r . V Vto«evoh( TK 4-03 Phone: Z6)-5iO-3 Zoo Email: V 1 (j tr'40 hcc..r�p TFFQQ rrvv). C011) END OF SECTION Non-Collusion Certification 00 30 06-1 Choke Canyon Dam Spillway Gate Rehabilitation—E14043 11-25-2013 00 61 13 PERFORMANCE BOND BOND NO. K09247920 Fxecuted in Quadruplicate Contractor as Principal Surety Name: Blastco Texas,Inc. Name: Westchester Fire Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 5514 East Hampton Dr. 436 Walnut Street,P.O. Box 1000 Houston,TX 77039 Philadelphia, PA. 19106 Physical address(principal place of business): Owner 436 Walnut Street,P.O.Box 1000 Philadelphia, PA. 19106 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: PA. Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E14043 Choke Canyon Dam Spillway Gate 215-640-1000 Rehabilitation! Telephone (for notice of claim): 215-640-1000 Local Agent for Surety Name: Arthur J.Gallagher Company Award Date of the Contract: July 14,2015 Address: Two Pierce Place Itasca,IL.60143 Contract Price: ;x2,655,800.00 Bond Telephone: 630-773-3800 Email Address: Hal_Miller@ajg.com Date of Bond: July 17,2015 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:1400-252-3439 Performance Bond 00 6113-1 Proj#E14043 Choke Canyon Dam Spillway Gate Rehab 7-8-2014 Surety and Contractor,Intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Principal Blastco exas Inc. Surety westches >411 Signature: Signature:. Name: Jct 6 spec' Name: Harold Miller Jr. Title: Dice reside kene-cil tripe^ Title: Attorney-in-Fact Email Address: Uij in Q.harpQ Tc2,brtenn.tc ri Email Address: Hal_miller@ajg.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 6113-2 Proj 8E14043 Choke Canyon Dam Spillway Gate Rehab 7-8-2014 00 61 16 PAYMENT BOND BOND NO. K09247920 Execute in Quadruplicate Contractor as Principal Surety Name: Blastco Texas. Inc. Name: Westchester Fire Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 5514 East Hampton Dr. 436 Walnut Street,P.O.Box 1000 Houston,TX 77039 Philadelphia,PA. 19106 Physical address(principal place of business): Owner 436 Walnut Street,P.O.Box 1000 Philadelphia,PA. 19106 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: PA Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E14043 Choke Canyon Dam Spillway Gate 215-640-1000 Rehabilitation Telephone(for notice of claim): 215-640-1000 Local Agent for Surety Name: Arthur J.Gallagher Company Award Date of the Contract: July 14,2015 Address: Two Pierace Place Itasca, IL.60143 Contract Price: 52.655,800.00 Bond Telephone: 215-640-1000 Email Address: Hal_Miller@ajg.com Date of Bond: July 17.2015 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 6116-1 Proj$E14043 Choke Canyon Dam Spillway Gate Rehab 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,Jointly and severally to this bond. The condition of this obligation is such that If the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain In full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action. Contractor as Principal Bla ..'Texas Inc. Surety Westctdorre Ins =nce Company Signature: Signature: Name: Akan-e Name: Harold Miller Jr. Title: e5► ., „;t- I P1 • Title: Attorney-in-Fact Email Address: U J'Ir ci. harpP TPJarren.cUr, Email Address: Hal_miller@ajg.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 6116-2 7-8-2014 Proj#E14043 Choke Canyon Dam Spillway Gate Rehab State of Illinois • County of DuPage U I, Karen E. Socha a Notary Public of DuPage County, in the State of Illinois, do • hereby certify that Harold Miller Jr. Attorney-in-Fact, of the Westchester Fire Insurance I- LTZ Company who is personally known to me to be the same person whose name is subscribed to , 2 O the foregoing instrument, appeared before me this day in person, and acknowledged that he LU J• signed, sealed and delivered said instrument, for and on behalf of the Westchester Fire O Insurance Company for the uses and purposes therein set forth. U ce Given under my hand and notarial seal at my office in the City of Itasca in said County, this 17th day of July , 2015. i/Cc Notary Public Karen E. Socha My Commission expires: 1/13/2016 OFFICIAL SEAL. KAREN E SOCHA NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION E)IPIRES:01/13/16 • Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into the ordinary course of business(each a"Written Commitment") (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attomey-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-fact of the Company with • full power and authonty to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Wntten Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Wntten Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authonty of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested Does hereby nominate,constitute and appoint Arlene M Filipski,Harold Miller Jr.,Joan B Ward,Jodie Sellers,Jon A Schroeder,Karen E Socha,Kathleen Weaver, Patrick Gallagher,Sharon A Foulk,William T Krumm,all of the City of ITASCA,Illinois,each individually if there be more than one named,its true and lawful attomey-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Ten million dollars&zero cents($10,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 25 day of September 2014. WESTCHESTER FIRE INSURANCE COMPANY • t" twAi -}A • r ti 'r Stephen M Nancy.Vice PresidentGtr • COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 25 day of September,AD.2014 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. 4-;7!.4. .F CO M,pONWEALTS OF PENNOYt.VAN&A u• �i -: • NOTARIAL •• KAREN E9RADTNoPubictaryY in tledsip101, Corn a M Dc onSIM 26„200 e s.e.r7 Radlr I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. ` 'v n In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this /7day of 4/7 . Will_am L.Kd'ry,Assiuuani ecreturyY THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER September 25,2016. •S�4 SENSITIVESF, °Fsw HEAT DocuGard#04546 contains a security pantograph,blue background,heat-sensitive ink,coin-reactive watermark.and microtext printing on border. Ac`s CERTIFICATE OF LIABILITY INSURANCE 4/201 MIDDrrrvY) 8/4/2015 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 NAME Susan McCaffrey Arthur J.Gallagher Risk Management Services, Inc. PHONEg16 395 8694 Fa°'C`.N,)_816-467-5694 2345 Grand Blvd.,Suite 400 - 395No. Kansas City MO 64108 ADDRESS.susan_mccaffrey@ajg.com INSURER(S)AFFORDING COVERAGE NAIC e INSURER Starr Indemnity&Liability Company 38318 INSURED INSURER Chubb Indemnity Insurance Company 12777 Blastco Texas,Inc. INSURER C_ 5514 East Hampton Drive — Houston,TX 77039 INSURER D: INSURER E: INSURER F: - COVERAGES CERTIFICATE NUMBER:306268672 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. NOTtMTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR _—_'--.---—�- : POLICY EFF POLICY EXP LTR! TYPE OF INSURANCE I INSD WVD, POLICY NU ABER (MM/DD/YYYY).(MMIDD/YYYYI LIMITS A j x I COMMERCIAL GENERAL UABIUTY 1 Y 1 V 11000090210151 5/31/2015 5/31/2016 EACH OCCURRENCE $1,000,000 .____4____ bAMAEN GRTZSRTEO _ -..- _ CLAIMS-MADE LX OCCUR I PREMISES(Ea occurrence) 5300,000 • 1 MED EXP(Any one person) 525.000 PERSONAL 8 ADV INJURY $1,000,000 / GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 52,000.000 POLICY LX j JE a X LOC PRODUCTS-COMP/OP AGG $2,000,000 'OTHER : $ A i AUTOMOBILE LIABILITY V Y CA08295515 5/31/2015 5/31/2016 ;COMBINED SINGLE LIMIT ,5/ IE awdentl_ 1.000,000 X I ANY AUTO BODILY INJURY(Per person) S 7-1 ALL OWNED SCHEDULED BODILY INJURY(Per acadent)•$ 171/ 1—'NON-OWNED '. PROPERTY DAMAGE I$ HIRED AUTOS i AUTOS 7-1 ,_I Per accident) Hired Comp./Coll. $50,000 A X i UMBRELLA LIAB X OCCUR j Y Y ;1000095131151 5/31/2015 5/31/2016_ EACH OCCURRENCE 1$10,000,000 X I EXCESS UAB CLAIMS-MADE;. i AGGREGATE $10,000,000 Vii DED i i RETENTION 5 • S g WORKERS COMPENSATION 1 Y 1004472733205 5/312015 5131!201$ PER EERH !AND EMPLOYERS'UABILITY J/ ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E L EACH ACCIDENT ':.51,000.000 OFFICER/MEMBER EXCLUDED'/ ,N/A --- (Mandatory In NH) E L DISEASE-EA EMPLOYEE 51.000.000 If yes.descnbe under --- — DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 51.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IACORD 101.Additional Remarks Schedule,may be attached If more space is required) General Liability Additional Insured -Additional Insured-Owners, Lessees or Contractors-Where required by written contract per form CG 20 37 07 04 Additional Insured-Owners, Lessees or Contractors-Completed Operations-Where required by written contract per form CG 20 10 07 04 -Additional Insured Primary,and Non-Contributory,and Waiver of Subrogation-As required by written contract per form OG-023(06/11) 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. Attn:Sylvia Arriaga-Construction Contracts Mgr PO Box 9277 AUTHZED REPRESENTATIVE Corpus Christi TX 78469-9277 ,iFUZEDe_____ jf�j 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ..••••"'"'N LOC#: 7 ® ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J.Gallagher Risk Management Services,Inc. Blastco Texas,Inc. 5514 East Hampton Drive POUCY NUMBER Houston,TX 77039 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 30 Day Notice of Cancellation as required by written contract per form CG 02 2410 93 Automobile Liability -Additional Insured-Where required by written contract per form SICA 10 24(04/12) -Additional Insured-Lessors of Leased Equipment-CA 20 47 07 97 -Waiver of Subrogation per form SICA 10 20(03/12) Workers'Compensation -Waiver of Subrogation per form WC 00 03 13 04 84 The City of Corpus Christi and JH Edmonds,PE,are included as additional insureds with respect to General Liability,Auto Liability and Excess Liability as required by written contract.A waiver of subrogation in favor of The City of Corpus Christi and JH Edmonds,PE is induded under the General Liability,Auto Liability,Excess Liability and Workers Compensation coverage as required by written contract. Project Choke Canyon Dam pillway Gate Rehabilitation Projector Job#:E14043 ACORD 101(2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000090210151 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART V PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person(s) or provide for such additional insured. organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the"products-completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2. Available under the applicable Limits of law;and Insurance shown in the Declarations; 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured will not be broader than that which you are Limits of Insurance shown in the Declarations. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 1000090210151 / COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Location(s)Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law; and Section III—Limits Of Insurance: 2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 rip ip.-4 sup Starr Indemnity & Liability Company Dallas,TX 1-866-519-2522 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000090210151 / Effective Date: May 31, 2015 at 12:01 A.M. Named Insured: T.F Warren Group Corporation This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work"for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or"property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under.this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY /Kiie...,fiE - Charles H.Datigelo, President Nehemiah E.Ginsburg,Genera Counsel OG 023(06111) Page 1 of 1 Copyright iD C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. POLICY NUMBER: 1000090210151 / COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 / WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 JPOLICY NUMBER: 1000090210151 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: JCOMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE City of Corpus Christi-Capital Programs Number of Days'Notice 30 PO Box 9277 Corpus Christi TX 78469-9277 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation,as provided in paragraph 2.of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 t�Slay Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i Policy Number: SISIPCA08295515 Effective Date: 5/31/2015 at 12:01 AM Named Insured: T.F. Warren Group Corporation ADDITIONAL INSURED - Where Required Under Contract or Agreement (Additional Insured Schedule), This policy is amended as follows: / BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: City of Corpus Christi-Capital Programs, PO Box 9277, Corpus Christi TX 78469-9277 SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Signed for STARR INDEMNITY& LIABILITY COMPANY 44E E. ak4enr C arles H. Dangelo, resident Nehemiah E.Ginsburg,General ounsel SICA 1024(04/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. includes copyrighted material of ISO Properties,Inc.,used with its permission. ire` `. VW Starr Indemnity & Liability Company Y Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US f Policy Number: SISIPCA08295515 Effective Date: 5/31/2015 at 12:01 AM Named Insured: T.F. Warren Group Corporation This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM l Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an"accident"or"loss"if: (1) The"accident"or"loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. All other terms, conditions and exclusions of the policy shall remain unchanged. Signed for STARR INDEMNITY&LIABILITY COMPANY .rF. Charles H.Dangelo, resident Nehemiah E.Ginsburg,General ounsel SICA 1020(03/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with Its permission. Slay Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 CANCELLATION AND NONRENEWAL NOTICE TO DESIGNATED PERSON OR ORGANIZATION Policy Number: SISIPCA08295515 J Effective Date: 5/31/2015 at 12:01 A.M. Named Insured: T.F. Warren Group Corporation This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM �l BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM In the event of cancellation or nonrenewal or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or nonrenewal or material change to: SCHEDULE 1. Name: i City of Corpus Christi-Capital Programs 2. Address: PO Box 9277 Corpus Christi TX 78469-9277 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY& LIABILITY COMPANY /011440‘ai C. C arles H. Dangelo, resident Nehemiah E.Ginsburg,General` ounsel SICA 1015(07-11) Page 1 of 1 Copyright O C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. Name&Mailing Address of The Insured Policy Number004 4727332 05 T.F.WARREN GROUP CORPORATION Policy Period 05/31/2015 to 05/31/2016 12900 SADDLEBROOK CIRCLE FAIRHOPE AL 36532-9999 Endorsement Number 002 AMENDMENT OF CANCELLATION CONDITION ENDORSEMENT Except in the event of cancellation by the Company for Non-payment of premium, it is agreed that wherever the words "ten days" appear in Part Six, C ondition D, Cancellation, the words "thirty days" are substituted therefore. City of Corpus Christi-Capital Programs PO Box 9277 Corpus Christi,Texas 78469-9277 Form No. WC 99 06 32A(Ed. 4-06) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) I WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subse uent to preparation of the policy.) Endorsement Effective 05/31/2015 Policy No. 004472733205 Endorsement No. Insured Blastco, Inc Premium S Insurance Company Chubb Indemnity Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.