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C2018-615 - 8/28/2018 - Approved
, . C2018-615 8/28/18 M2018-148 Abel's Paving & Construction 00 52 23 AGREEMENT • This Agreement,for the Project awarded on August 28,2018 is between the City.pf Corpus Christi (Owner)and Abel's Paving&Construction, 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: Wastewater Services,Cleanouts,and Manhole Adjustments IDIQ Program 2018 Project No. E17095 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Alan Plummer Associates, Inc. 5934 South Staples Street,Suite 220 Corpus Christi,TX 78413 2.02 The Owner's Authorized Representative for this Project is: Joshua Seneca!, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg.5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 365 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 395 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 Agreement 00 52 23-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF WASTEWATER SERVICES, CLEANOUTS, AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PROJECT NO. E17095 % '. * 91965 EMENEW EMEM NNEW OEM= C ity of ,Cor us P C h ris ti. Alan PlummerAssociates I Inc. TBPE Firm No. 13 5934 South Staples Street, Suite 220 Corpus Christi, rX 78413 (361) 356-8412 May 2018 APAI Project No. 0537-033-01 Record Drawing Number SAN-570 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01-13-2016) 00 30 00 Bid Acknowledgment Form (Revo1-13-2016) 00 30 01 Bid Form (Rev 01-13-2016)(Excel) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement(Rev 06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions(Rev 3-23-2015)(PDF) 00 72 01 Insurance Requirements(Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev06-12-2015) 00 72 03 Minority/MBE/ DBE Participation Policy(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev 01-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 0131 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014)(Excel) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule Table of Contents 000100-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 Division/ Title Section 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021020 Site Clearing And Stripping 021040 Site Grading 022020 Excavation and Backfill for Utilities and Sewers 022022 Trench Safety for Excavations 022040 Street Excavation 022100 Select Material 025205 Pavement Repair, Curb, Gutter, Sidewalk, & Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils, and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025620 Portland Cement Concrete Pavement 027200 Control of Wastewater Flows 027205 Fiberglass Manholes 027602 Gravity Wastewater Lines 027604 Disposal of Waste from Wastewater Cleaning Operations 027606 Wastewater Service Lines 027611 Cleaning and Televised Inspection of Conduits 028020 Seeding 028040 Sodding 028300 Fence Relocation 030020 Portland Cement Concrete 032020 Reinforcing Steel Table of Contents 000100-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 Division/ Title Section 038000 Concrete Structures 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications T-1 Repair of Wastewater Service Lines Appendix Title A Clean-out Location Card B Introduction Letter C Monthly Project Schedule END OF SECTION Table of Contents 000100-3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Wastewater Services, Cleanouts, and Manhole Adjustments IDIQ Program 2018 Project E17095 A. This Indefinite Delivery/Indefinite Quantity(ID/IQ) project entails, but is not limited to, locating, excavating, and replacing approximately 3,700 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the City mains, adjusting approximately 200 wastewater and storm water manhole rings and covers, control of wastewater flows by bypass pumping, cleaning and televised inspection, and temporary traffic control measures. All work will be executed over the course of the project through the issuance of multiple work orders, prepared on an as-needed basis. The initial contract will be for a one (1) year(365 calendar day) base contract, with two (2) optional one (1) year (365 days) extensions subject to availability of funding and satisfactory contractor performance. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $690,000.00. The Project is to be substantially complete and ready for operation within 365 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. 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— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than June 6,2018 at 2:00 PM to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders 002113-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 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—Wastewater Services, Cleanouts, and Manhole Adjustments IDIQ Program 2018 (Bond 2018) Project Number E17095 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. 3.05 Bids will be publicly opened and read aloud on June 6,2018 at 2:00 PM, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Services Smart Board Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on May 22, 2018 at 10:00 AM at the following location: City Hall Building—Smart Board Room 3rd floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. 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. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. 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 8—BID SECURITY 8.01 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. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders 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 the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3. 8.03 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. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-4 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11— MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Invitation to Bid and Instructions to Bidders 002113-5 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12— BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14— EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. 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 and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16— MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 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. 16.02 Minority participation goal for this Project has been established to be 45%. Invitation to Bid and Instructions to Bidders 002113-6 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17— BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 10 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to Invitation to Bid and Instructions to Bidders 002113-7 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at httpWwww.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at httpsW. www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. Invitation to Bid and Instructions to Bidders 002113-8 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i) all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Invitation to Bid and Instructions to Bidders 002113-10 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 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. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required X Not Required Insurance Requirements 007201-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas 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 endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 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 Insurance Requirements 007201-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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. 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. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. 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; Insurance Requirements 007201-3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds$5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 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 Insurance Requirements 007201-4 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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. 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 rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 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 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 007201-5 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 007201-6 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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. 1.06 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 007201-7 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 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. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81,TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements 007201-8 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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. 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; Insurance Requirements 007201-9 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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 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 007201-10 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 l i i 00 91 01 ADDENDUM NUMBER 01 Wastewater Services,Cleanouts and Manhole Project: Adjustments IDIQ 2018 Project Number: E17095 Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Designer: Alan Plummer&Assoc.—Maridel Reyes Jimenez, P.E. I p _........ m Issue Date: June 4, 2018 1 Addendum No 01 Specification Section 00 9101 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. i Make the additions, modification r deletions to the Contract Documents described in this J Addendum. __ _._... ._._1 ...__...... _________________________________________________ ....... ____ ......... ......... .........Aper b j f J.H. Edmonds, P.E. r ......... ......... ........ ......... ......... ......... ......... ......... ......... 1 Addendum Items: To delay bid opening by one week. New bid date:June 13, .....2018 L.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 4� j ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA r A. Acknowledge receipt of this Addendum in the Bid Acknowledgment Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgment Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS B. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS—Article 3; SECTION 00 30 00 BID ACKOWLEDGMENT FORM—Article 1: 1. The date for receipt of Bids has been changed to Wednesday,June 13,2018. i The time and location for the receipt of Bids remains unchanged. END OF ADDENDUM NO. 01_ I l Addendum No.01 00 9101- 1 E17095 Wastewater Cleanouts and Manhole Adjustments IDIQ 2018 Rev 01-08-16 U 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Abel's Paving& Construction Inc(type or print name of company) on:June 6,I 2018 no later than 2:00 PM for Wastewater Services, Cleanouts, and Manhole Adjustments IDIQ Program 2018; Project No. E17095. 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 www.CivCastUS,A.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—Wastewater Services, Cleanouits, and Manhole Adjustments IDIQ Program 2018 (Bond 2018), Project No, E17095 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. 102 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION 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 Ackg9wiledging Receipt 1 06/04/2018 22 4 Bid Acknowledgement Form 003000-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 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 all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. Bid Acknowledgement Form 003000-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 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 S—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 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 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 365 after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Bid Acknowledgement Form 003000-3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 395 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 In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,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. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with Bid Acknowledgement Form 003000-4 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 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: Abel's Paving& Construction Inc (typed or printed full legal name of Bidder) By: V V (individual's signature) Name: Abel Garza Jr (typed or printed) Title: President (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 22-3903496 Address forgiving notices: 1442 Cliff Maus Dr Corpus Christi,TX 78405 Phone: 361-852-1194 Email: abelspaving@gmail.com (Attach evidence of authority to,sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form OO 30 00-5 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Bid Acknowledgement Form 003000-6 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 00 30 01 BID FORM Project Name: WASTEWATER SERVICES, CLEANO�UTS,AND MANHOLE ADJUSTMENTS IDIC1 PROGRAM 2018 Project Number: E17095 Owner: CITY OF CORPUS CHRISTI Bidder: AW's PauilrlR&Construction Inc CZAR; Designer: ALAN PLUMMER ASSOCIATES,INC. Basis gf flid (tend DESCRIPTION UNrC ESTIMATED I�` UNrr PRICE EM I G QUANTITY AMOUNT Base Bid PART A•WWW CLEAN OUT INSTALLATION(PER SECTION 0129 01 MEASUREMENT AND,BASIS FOR PAYMENT) Al MCIBILIZATION/DEMOBILIZATION (MAX 5%) LS 9 33,p00.00 $.33,000,001- A2 3 ,000,001-A2 BONDS AND INSURANCE LS 1 40,000.00 $40,000.Oa A3 4"CLEAN OUTS EA 250 $85.0.00 $2 12,500,06 A4 6"CLEAN OUTS EA 5 $1,1:00.00 $5,5001.00 ` REMOVE AND REPLACE ALL 4"PIPE FROM THE CLEANOUT TO A5 AND INCLUDING THE BEND LF 30,00 $14.00 $42,000.00, REMOVE AND REPLACE ALL `° PIPE FROM THE CLFANOUTTO A6 AND INCLUDING THE BEND LF 50 $12040 $6,000400 - A7 REMOVE AND REPLACE ALL 4"PIPE FROM THE BEND TO THE LF 570 MAIN $28.0015,96o.001- REMOVE AND REPLACE ALL 6" PIPE FROM THE BEND TO THE AB LF 60 MAIN' $75;00 $4,500.00 A9' TRENCH SAFETY MEASURES LF S00 $10,00 $5,000.00 INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY A10 STANDARD PLANS AND SPECIFICATIONS, REPLACING ONE(1) EA 30 $900.00 $27000.00 JOINT OF MAIN,WHERE MAIN DEPTH IS LESS THAN FIVE FEET INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY A11. STANDARD PLAINS AND SPECIFICATIONS,REPLACING ONE(1) EA 3 $900.00 2,700,00 - JOINT OF MAIN,WHERE MAIN DEPTH IS FIVE TO TEN FEET INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY A1.2 STANDARD PLANS AND SPECIFICATIONS, REPLACING ONE(1) EA 3 $9010,00 $2,700,00 - JOINT OF MAIN,WHERE MAIN DEPTH IS OVER TEN FEET A13 ADDITIONAL MAIN LINE REMOVAL AND REPLACEMENT LF 200 $30.00 $60000.00 A14 REMOVE AND REINSTALL EXISTING FENCE LF 350 $40.00 $14,000.010 A15 SOD SF 450 $10.010 $4,500.00 - CONCRETE FLATWORK(E.G..DRIVEWAYS,.SIDEWALKS) REPAIR IN A16 SF 900 $6„75 $6.075.00 ACCORDANCE WITH CITY STANDARD PLANS AND SPECIFICATIONS I A17 CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION (SEE LF 1600 $7.00 $11,200.00- SPECIFICATION DIVISION S SECTION 027611) A18 CONCRETE PAVEMENT REPAIR/REPLACEMENT SY 10 $9(1,00 $900.00 SA Farm Addendum No.2 WASTEWATER SERVICES, CLEANOUTS, AND MANHOLE ADJUSTMENTS IDICI PROGRAM 2018 Page M 3 00 30131 BID FORM ESTIMATED MENDED Item, DESCRIPTION UNIT CtIJANTITM UN T PRIM ATNd7IINT A15 ASPHALT(HMAC)PAVEMENT REPAIR/REPLACEI VENT SY 350 $23.100 8,050.001 A20 OZONE ADVISORY DAYS EA 2 $,015.130 4�Oa.�� A21 INSTALLATION OF DRIVEWAY CLEAN OUT BOOT EA 15 $500.00 7,500M, - INSTALL NEW TAPS TO MAIN'CIN ACCORDANCE WITH CITY A22 STANDARD PLANS AND SPECIFICATIONS,CONNECTING AT THE EA S $900.00 $400.00 - MANHOLE 4,500.00 -MANHOLE A23 CURB AND GUTTER REPLACEMENT LF 20 30,00 $600.00 - A24 TRAFFIC CONTROL PLANS EA 1 s 5,0((0.00 5,00000 - SUBTOTAL PART A-WWW CLEAN OUT INSTALLATION(ITEMS Al-A24) $46E285.00 PART 8-WASTEWATER MANHOLE RING&;COVER ADJUSTMENT(PER SECTION 0128 01MEASUREMENT AND BASIS FOR PAYMENT) 24"WASTEWATER MANHOLE RING AND COVER ADJUSTMENTS, INCLUDING:NEW MANHOLE RING AND COVER ASSEMBLY WITH Bl NEW HDPE HEIGHT ADJUSTMENT RINGS,STAINLESS STEEL EA ISO ,3OCI,LGLI INFLOW INHIBITOR,AND WITH CONCRETE COLLAR 30"WASTEWATER MANHOLE RING AND COVER ADJUSTMENTS, INCLUDING:NEW MANHOLE RING AND COVER ASSEMBLY WITH 82' NEW HOPE HEIGHT ADJUSTMENT RINGS,STAINLESS STEEL EA lO 1,rDI3.I7t3 ,t300, INFLOW INHIBITOR,AND WITH CONCRETE COLLAR B3 REMOVAL, REPLACEMENT,AND REPAIR OF PAVEMENT SY SO 36.00 $1, 0.1(0 -; 84 TRAFFIC CONTROL PLANS EA 2 3,75(.00 $"x,00,00 - SUBTOTAL PART B-WASTEWATER AND MANHOLE RING&COVER ADJUSTMENT(ITEMS 81-84) $ 2 8,10„ 0 Part C-STORM WATER MANHOLE RI FIG A COVER ADJUS ENT(PER SECTION 0120 01 NEASUREMIENT AND BASIS FOR PAYMENT) STORM WATER MANHOLE RING AND COVER ADJUSTMENTS � INCLUDING NEW MANHOLE RING AND COVER ASSEMBLY WITH C1 EA SE NEWCONCRETE HEIGHT ADJUSTMENT RINGS AND CONCRETE COLLAR "is C2 REMOVAL, REPLACEMENT,AND REPAIR OF PAVEMENT SY 517 C3 ITRAFFIC CONTROL PLANS EA l SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(ITEMS C1-C3) Part D-ALLOWANCE IN BASE BID(PER SECTION 0123 01 ALTERNATES AND ALLOWANCES) D1 ALLOWANCE FOR UNANTICIPATED WASTEWATER&STORM WATER IMPROVEMENTS I LS SUB70TAL PART D-ALLOYWANCE IN BASE BID JITEM D1 F- BID SUMMARY ,SUBTOTAL PART A-WW CLEAN OUT INSTALLATION(ITEMS Al-A24) $465 85.010 - SUBTOTAL PART B-WASTEWATER AND MANHOLE RING&COVER ADJUSTMENT(ITEMS Bl-B,4) 010.00 - SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(ITEMS Cl-C3) $wano - Bid Form Addendum No. 2 Page 2 of 3 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev 01-3#-2016 00 30 01 BID FORM UNIT 1T PRI Item DESCRIPTION! ISMMATED ENDED QUANTITY t91� CE AMOl I9NT SUBTOTAL PART D-ALLOWANCE IN BASE BID(ITEM Dl) 20,0 00:00 TOTAL PROJECT`BASE BID(PARTS A THRU D) 76 707.00 CONTRACT TIMES BIDDER AGREES TO REACH SUBSTANTIAL COMPLETION IN 1 36S Idays BIDDER AGREES TO REACH FINAL COMPLETION IN 39S Idays Bid Farm Addendum No, 2 Page 3,of 3 WASTEWATER SERVICES, CLEANOUTS, AND, MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 At-,02.13,-2016 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: "fa 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 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. E] Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Eja Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas, The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders, Bidder: Company Name: Abel's Paving&Construction Inc (typed or printed) By: A/01) �z #/ no,tur4-"-attach evidence of authority to sign) Name: Abel Garza Jr (typed or printed) Title: President Business address: 1442 Cliff Maus Dr Corpus Chrsiti. TX 78405 Phone: 361-852-1194- Email: abelspavipg mail.,com END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS I:DIQ PROGRAM 2018 PN E17095 11-25-2013 Compliance to State Law on Nonresident Bidders 003002-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY NAME: Abel's Paving&Construction I STREET P.O.BOX: ADDRESS _..1442 Cliff Maus Dr CITY: Corpus Christi STATE: Texas ZIP: 78405 FIRM IS: 1. Corporation ® 2. Partnership a 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A City of Corpus Christi 00 30 05— 1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 FILING REQUIREMENTS If person who rer nests official action on a matter knows that the rearrested action wvill confer an economic benefit Oil any City of' cia11 or employee that is distinguishable f"rare the effect that the action will have on members of the public in general or as substantial segment thereof,you shall disclose (flat fact in a signed writing to the City official, employee or body that has been rerlrrested to act in the matter" unless rile interest of the City official or employee in tlae matter is apparent. 1"'he disclosrrre shall also be made in a signed writing riled with alae City Secretary, [Ethics Ordinance Section 2-319 (d)l CERTIFICATION I certify that all information )rovided is true and correct as of the date of this statement, that I have not knowing C withheld disclosure ofd any^ information rerlrrested, and that suppalemental statements will be promptly subrnitteYto the City of Corpus Christi, Texas as changes occur. Certifying person ,bel Garza Jr Title: President (Type or Print) Signature of Certifying person: Date: f V 12/20 I fl DEFINITION a. `'Board member." R k member of any board, commission, or committee appointed by the City C;auracil M 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 frons 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, butnot as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or corn file rciaal, and whether established to produce or deal with a product or service„ including but not limited to, entities operated in tite traria 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, mernbers of tlae 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." I.,egal or equitable interest, Whether actually ar constructively held, in as 11111a, 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, Sudo as engineers and architects, hired by the City of`Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005 -2 WASTEMA"ER,SERVICES,C"LEANC)UTS, AND MANHOLE LE ADJLJSTfw11:3NTS IDIQ PROGRAN4 2018 PN E17095 Rev 01-1'.3-2016 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUIECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Wastewater Services, CleanOUts, and Manhole Adjustments IDIQ Program 2018 Project No, E17095 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: Abel's Paving & Construction Inc (typed or printed) By: (Sr tire-Iffttoch evidence olf authority to sign) Name: Abel Garza Jr (typed or printed) Title: President Business address: 1442 Cliff Ma-u-s-Dr.............. Corpus Christi, TX 78405 Phone: 361-852-1194 Email: abels,o,aving@,gmail.com END OF SECTION Non-00usion Certification 00 30 06-1 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 11-25-2013 Non-Collusion Certification 003006-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 11-25-2013 N P&C 977 282 1625 p$4�at^d� 800 933 7444 ���3 W:WcS Texa,,, 76702 A52,', BICC BOND Band No. CNB-31511-09 KNOW ALL. MEN BY THESE PRESENTS; THAT we, Abel's Paving Construction Inc,... __ __, as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter celled the Surety, are held and firmly bound unto City of Corpus Christi , as Obligee, hereinafter called the Obligee, in the amount of 5 ©/m of the amount of this bid not to exceed n of the Greatest Amount Bid Dollars ($ 5% of GAB }, for the payment of which sum well and truly to be made, the said 'Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally„ firmly by these presents,. WHEREAS, the principal has submitted a bid for Proiect D umber; El 7095 - Wastewater Services Cleanouts and Manhole Ad'ustments IQIQ Pro ram 2015 NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contrast and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 13th day of June 20613 Principal: (Seale By: r (title) Surety: INSURORS ,N �MNITY COMPANY(Seal) By: .... icia Balolong, Attorney-Fnact ,�„ • _ ,- _ .. .. .. .. r Y •• 1 i i � _ \� _ 1 _ .�.�' 1 ,� �`\ , r � t t 0 N 0'r tl dqV & 0P81'hu i , POWER OF ATTORNEY of INSt1'RORS INDEMNITY NI Y COMPAN Waco, Tex KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-31811-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi State of T as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawf'ull'y given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attest: By. " Tammy Tieperm , Seoretary Dave E. Talbert, President State of Texas County of McLennan On the 11th' day of November, 2014, before me a Notary public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurers Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the , pony. Lo »» as T rays a srxro rotary Public, State of Texas Notilly to Z23SM7 Insurers Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED,that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any, Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be vapid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them„ to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an 'Executive Officer and seated and attested to by the Secretary or ,Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of I'nsurors Indemnity Company, do hereby certify that the foregoing,is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11" 2014;and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 1'3th day of June 2018 ra� Ni f c1M, � � Ta y ieperrl*' ecru a NOTE:. IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS'POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P, 0. BOX:2683,WACO,TEXAS 76702-2683 OR EMAIL US AT CONFIRMArioN INSUROR .COM. 2 ADDENDUM NUMBER 02 Wastewater Services,Cleanouts and Manhole r ,l u : Adjustments,ID111Q,20,118 Project Number.E 2R 5 Owner: City of Corpus t"Imri.st'i Engineer; J.H.Edmonds,Rola Designer: Man Plummer er and Ass .. Mandel Reyes 1''...menez,P.E. Addendum No. Specification Section Dtt 101 Issue Date: June 2015 Acknowledge receipt of this Addendum in the Bid Acknowledgement Forman submitted for this Project. dFallu r to acknowledge receipt of this addendum in the Bid Acknowledgement Fo nn rmmay render the Bid as non-respoinsive and serve as the basis for rejecting the Rid. Mahe the addututnrnsa rrm d ficati nns or deletjons to the Contract Documents described In this ddarndumrn, Approved fnya Man Nu rnmmner Associates,Inc. acid !Reyes Jimenez,R.E. -/-2018 ` OF r � me Date WDm /� mm Atddrnduurrfltnnms: wmPorxu � m Wwwa...... m .w. m ll &dd Rid stem 82 f m° Rai w st t rrnanhg1 rm,tp � �roARIDEL REY » NEZ I It and cover dlq trmmermts _ 0 1,965 fjo 2) Revise Rid!term%fit.to c1ff qg t Is femur 24�o ren r� t o �p iarufmol d aid cover ad'uLst um_ q mm` s°S���NM_ Add Bpd lt2ms A24, and C3 for tr� _M,__@Mc control ' rfS�igr 4) Revised Measurement amend Basis for Payment nt faam 11 1Pf r I Y I)m eIr s I so I cia t I es,,frrc. (TaIxrxs IS'elcItiloln,01219 R Ester d Englilneering,Ffrrrli F-13)", RTI LF't—BiDDING REQUIREMENT'S 1-01 ACKNOWLEDGE ADDENDA A, Acknowledge receipt of tNs Addendum In tl,-ie Rain AcknoMedgernent Form submitted mnitted for this Project, I=aflure to acknowledge receipt of this addendum in the B3 d Acknowiedgemer,ft Form may under the Bid as non-resporisuve and serve as the basis for rejecting the Rud. 1.02 MODIFICATIONS TO THE MDDING R QUIRE E lCS A. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and SECTMN N 00 30 01 RID FORM.- DELETE- ORM.- Et : SFCi'ON 00 30 01 BM FORM in its entirety, ADD* SECTION 00 30 01 RID FORM in its eumfdraty(Attachment 1). Addendum No.2tlfADA.rtt. t. WASTEWA7LER SEWN mES,CLEA1NOU°IS,AND MANHOLE A DAu„PSTMEN S 6t'Q PROGRAM 2018 ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPEC IN CATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS(OR TECHNICAL SPECIFICATIONS) A. Delete the following Specification Sections(or Technical Specifications): Deleted Speeffication Sections(or Technical Specifications) SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT B. Add the following Specification Sections(or Technical Specifications): Added Spe,cification Secflons(or Technical Specifications) SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT(ATTACHMENT 2), ARTICLE 3-MODIFICATIONS TO THE DRAWINGS 101 AMEND DRAWINGS A. Drawing Sheet No. 2 - "GENERAL NOTES" -Section WASTEWATER MANHOLE AND STORM WATER MANHOLE RING AND COVER ADJUSTMENT—WORK CLARIFICATION: 1. Change 1. Add: "THE INTENT OF THE WASTEWATER MANHOLE WORK IS TO REPAIR/REPLACE MANHOLE COVERS TO MATCH THE SIZE OF EXISTING MANHOLE RING AND COVERS. A MAJORITY OF THE MANHOLES REQUIRING WORK WILL BE 24" DIAMETER, BUT REPAIR/REPLACEMENT FOR A SMALL NUMBER OF 30- DIAMETER MANHOLE RING AND COVERS CAN BE EXPECTED." B. Drawing Sheet No. 3-"TESTING SCHEDULE AND ESTIMATED QUANTITIES SUMMARY" - Section ESTIMATED QUANTITIES SUMMARY: 1. Change 1. Revise the Bid Item numbers, descriptions, and estimated quantities to match those shown in Attachment 1—SECTION 00 30 01 BID:FORM. END OF ADDENDUM NO. 02 Addendum No.2 00 9101-2 WASTEWATER SERVICES,CLEANOLITS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 01-13-2016 Attachment 1 00 30 01 BID FORM Addendum No. 2 0091013 WASTEWATER SERVICES, CLEANOUT\AND%AN� HOLE ADJUSTMENTS mIQPROGR49 Iola ICN E17095 »v m4$20+ 00 30 01 BID FORM Project Name: WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Project Number: E17095 Owner: 'CITY OF CORPUS CHRISTI Bidder: OAR: Designer: ALAN PLUMMER ASSOCIATES,INC. Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EI(TFNDED QUANTITY AMOUNT Base Bid PART A•WW CLEAN OUT INSTALLATION(PER SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al (MOBILIZATION/DEMOBILIZATION(MAX 5%) LS 1 $ - A2 BONDS AND INSURANCE LS 1 $ - A3 4"CLEAN OUTS EA 250 $ - A4 6"CLEAN OUTS EA 5 $ - REMOVE AND REPLACE ALL 4"PIPE FROM THE CLEANOUT TO A5 !F 3000 AND INCLUDING THE BEND $ - A6 REMOVE AND REPLACE ALL 6"PIPE FROM THE CLEANOUT TO LF SO $ AND INCLUDING THE BEND A7 REMOVE AND REPLACE ALL 4"PIPE FROM THE BEND TO THE LF 570 $ MAIN AB REMOVE AND REPLACE ALL 6" PIPE FROM THE BEND TO THE LF 60 MAIN A9 TRENCH SAFETY MEASURES !F 500 $ INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY A10 STANDARD PLANS AND SPECIFICATIONS,REPLACING ONE(1) EA 30 JOINT OF MAIN,WHERE MAIN DEPTH IS LESS THAN FIVE FEET INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY All STANDARD PLANS AND SPECIFICATIONS,REPLACING ONE(1) EA 3 - JOINT OF MAIN,WHERE MAIN DEPTH IS FIVE TO TEN FEET (INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY Al2 STANDARD PLANS AND SPECIFICATIONS, REPLACING ONE(1) EA 3 - JOINT OF MAIN,WHERE MAIN DEPTH IS OVER TEN FEET A13 ADDITIONAL MAIN LINE REMOVAL AND REPLACEMENT LF 200 $ - A14 REMOVE AND REINSTALL EXISTING FENCE LF 350 $' A15 SOD SF 450 - CONCRETE FLATWORK(E.G.:DRIVEWAYS,SIDEWALKS)REPAIR IN A16 SF 900 ACCORDANCE WITH CITY STANDARD PLANS AND SPECIFICATIONS $ CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION(SEE A17 LF 1600 SPECIFICATION DIVISIONS SECTION 027611) $ A18 CONCRETE PAVEMENT REPAIR/REPLACEMENT SY 10 Bid Form Addendum No.2 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Page 1 o Rev O1-13.200 166 00 30 01 BID FORM Item DESCRIPTION UNIT QUANTM ESnMATEO UNUNITEXTENDED PRICE AMOUNT A19 ASPHALT(HMAC) PAVEMENT REPAIR/REPLACEMENT SY 350 $ - A20 OZONE ADVISORY DAYS EA 2 $ A21 INSTALLATION OF DRIVEWAY CLEAN OUT BOOT EA 15 INSTALL NEW TAPS TO MAIN IN ACCORDANCE WITH CITY A22 STANDARD PLANS AND SPECIFICATIONS,CONNECTING AT THE EA S $ MANHOLE A23 CURB AND GUTTER REPLACEMENT LF 20 $ - A24 TRAFFIC CONTROL PLANS EA 1 SUBTOTAL PART A-WW CLEAN OUT INSTALLATION)ITEMS Al-A24) PART B-WASTEWATER MANHOLE RING A COVER AIYJUSTMENT ER SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT), 24"WASTEWATER MANHOLE RING AND COVER ADJUSTMENTS, INCLUDING: NEW MANHOLE RING AND COVER ASSEMBLY WITH EA Bl NEW HDPE HEIGHT ADJUSTMENT RINGS,STAINLESS STEEL 150 $ - INFLOW INHIBITOR,AND WITH CONCRETE COLLAR 30"WASTEWATER MANHOLE RING AND COVER ADJUSTMENTS, INCLUDING:NEW MANHOLE RING AND COVER ASSEMBLY WITH B2 EA 10 - NEW HDPE HEIGHT ADJUSTMENT RINGS,STAINLESS STEEL $ INFLOW INHIBITOR,AND WITH CONCRETE COLLAR 63 REMOVAL, REPLACEMENT,AND REPAIR OF PAVEMENT SY I 50 - B4 TRAFFIC CONTROL PLANS EA 2 SUBTOTAL PART B-WASTEWATER AND MANHOLE RING&COVER ADJUSTMENT(ITEMS 61-114) $ - Part C-STORM WATER MANHOLE RING S COVER ADJUSTMENT(PER SECTION 0120 01 MEASUREMENT AND BASIS FOR PAYMENT) STORM WATER MANHOLE RING AND COVER ADJUSTMENTS, /////%///�� J• � Cl INCLUDING NEW MANHOLE RING AND COVER ASSEMBLY WITH EA 56 NEW CONCRETE HEIGHT ADJUSTMENT RINGS AND CONCRETE COLLAR C2 REMOVAL, REPLACEMENT,AND REPAIR OF PAVEMENT SY 50 C3 TRAFFIC CONTROL PLANS EA SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(ITEMS Cl-C3) Part D-ALLOWANCEIN BASE BID(PER SECTION 0123 01 ALTERNATES AND ALLOWANCES) JALLOWANCE FOR UNANTICIPATED WASTEWATER&STORMLS Dl WATER IMPROVEMENTS 1 SUBTOTAL PART D-ALLOWANCE IN BASE BID(ITEM Di) r BID SUMMARY SUBTOTAL PART A-WW CLEAN OUT INSTALLATION(ITEMS Al-A24) $ - SUBTOTAL PART B-WASTEWATER AND MANHOLE RING&COVER ADJUSTMENT(ITEMS B1-64) - SUBTOTAL PART C-STORM WATER MANHOLE RING&COVER ADJUSTMENT(ITEMS Cl-C3) e Bid Form Addendum No.2 Page 2 of 3 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATEi D UNIT PRICE EXTENDED QUANTITY AMOUNT (SUBTOTAL PART D-ALLOWANCE IN BASE BID(ITEM D1) $ 20,000.00 TOTAL PROJECT BASE BID 1PARTS A THRU D) $ - CONTRACT TIMES BIDDER AGREES TO REACH SUBSTANTIAL COMPLETION IN 365 jdays BIDDER AGREES TO REACH FINAL COMPLETION IN 1 395 jdays Bid Form Addendum No.2 Page 3 of 3 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev 01-13-2016 Attachment 2 012901 MEASUREMENT AND BASIS FOR PAYMENT 009101-7 Addendum No.2 Rev 01-13-2016 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 0129 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste,overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1—Mobilization (Not to Exceed 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices,sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. 012901- 1 Addendum No.2 Rev 01-13-2016 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A2— Bonds and Insurance 1. Payment will be based on documentation of actual costs C. Bid Item A3: 4" Clean outs 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical clean-out assembly drawings. This payment will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment, and any incidentals D. Bid Item A4: 6" Clean outs 1. Payment will be made at the unit price for each cleanout installed complete in place from the residence to the bend as shown on typical clean-out assembly drawings. This payment will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment, and any incidentals E. Bid Item A5: Remove and replace all 4" pipe from the cleanout to and including the bend: 1. Payment will be made at the unit price per linear foot to install 4" pipe from the property line/utility easement to and including the bend as shown on typical clean-out assembly drawings. This payment will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment, and any incidentals F. Bid Item A6: Remove and replace all 6" pipe from the cleanout to and including the bend: 1. Payment will be made at the unit price per linear foot to install 6" pipe from the property line/utility easement to and including the bend as shown on typical clean-out assembly drawings. This payment will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment,and any incidentals G. Bid Item A7: Remove and replace all 4"pipe from the bend to the main: 1. Payment will be made at the unit price per linear foot to install 4" pipe from the bend to the main as shown on typical clean-out assembly drawings. This payment will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment, and any incidentals H. Bid Item A& Remove and replace all 6" pipe from the bend to the main, complete in place per linear foot: 1. Payment will be made at the unit price per linear foot to install 6" pipe from the bend to the main as shown on typical clean-out assembly drawings. This payment will include all casts for pipe, excavation, bedding, backfill, labor, materials, equipment, and any incidentals I. Bid Item A10: Install new taps to main in accordance with City standard plans and specifications, replacing one (1)joint of main,where main depth is less than five feet: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1)joint of main line pipe. This payment will include all costs for labor materials, equipment, and any incidentals Addendum No.2 012901-2 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev 01-13-2016 1. Bid Item All: Install new taps to main in accordance with City standard plans and specifications, replacing one (1)joint of main,where main depth is five to ten feet: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1)joint of main line pipe. This payment will include all costs for labor materials, equipment,and any incidentals K. Bid Item Al2: Install new taps to main in accordance with City standard plans and specifications, replacing one (1)joint of main,where main depth is over ten feet: 1. This item will be paid for by the unit price for each new tap installed to include the removal and replacement of one (1)joint of main line pipe. This payment will include all costs for labor materials, equipment, and any incidentals L. Bid Item A13: Additional main line removal and replacement, complete in place: 1. This item will be paid for by the unit price per linear foot of additional main line removed and replaced,over and above the one (1)joint installed in Items A10,All, and Al2 and will include all costs for pipe, excavation, bedding, backfill, labor, materials, equipment, and incidentals M. Bid Item A17: Closed circuit television pipeline inspection (see Specification Division S Section 027611): 1. Pre-CCN(Cleaning and Televised Inspection of existing lines to potentially be rehabilitated) and Post-CCN (Televised Inspection for acceptance of rehabbed lines) of Wastewater Lines shall not be measured for pay, but will be considered subsidiary to the appropriate bid item 2. New pipeline inspection (e.g.: new lines, including any appurtenances such as manholes, service connection, etc) shall be considered a separate bid item to be paid for by the unit price per linear foot of closed circuit television pipeline inspection. This payment will include all costs for labor, materials, equipment, and incidentals N. Bid Item A18: Concrete pavement repair/replacement: 1. This item will be paid for by the unit price for each square yard of concrete pavement repair/replacement, and will include all costs for concrete pavement, base material, labor, materials, equipment, and incidentals 0. Bid Item A19: Asphalt(HMAC) pavement repair/replacement, complete in place: 1. This item will be paid for by the unit price for each square yard of HMAC asphalt pavement repair,and will include all costs for asphalt pavement, base material, labor, materials, equipment,and incidentals P. Bid Item A20: Ozone Advisory Days 1. The Contractor shall not conduct roofing, priming, or hot-mix paving operations, except for repairs,on days the City Engineer has notified the Contractor that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot-mix paving was schedule, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. Contractor will be compensated at the unit price indicated on the Bid Form for each day for which an extension of time was granted due to an ozone alert 012901-3 Addendum No.2 Rev 01-13-2016 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Q. Bid Item A21: Installation of driveway clean-out boot, complete in place: 1. This item will be paid for by the unit price for each installation of driveway clean-out boot, complete in place, and it will include all costs for labor, materials,equipment, and incidentals R. Bid Item A22: Install new taps to main in accordance with City standard plans and specifications, connecting at the manhole: 1. This item will be paid for by the unit price for each new tap to the main line which includes replacing one joint of pipe penetrating the manhole, and will include all costs for labor, materials,equipment, and incidentals S. Bid Item A24: Traffic control plans 1. This item will be paid for by the unit price for each traffic control plan for a street closure required to complete a work order for wastewater cleanouts.All other temporary traffic control measures will be subsidiary to the related bid item. T. Bid Item 61: 24" wastewater manhole ring and cover adjustments, including: new manhole ring and cover assembly with new HDPE height adjustment rings,stainless steel inflow inhibitor and with concrete collar: 1. This item will be paid for by the unit price for each wastewater manhole adjusted including new manhole ring and cover assembly with new HDPE height adjustment rings, stainless steel inflow inhibitor and concrete collar, complete in place. This includes all costs for labor, materials,equipment, and incidentals U. Bid Item 62: 30"wastewater manhole ring and cover adjustments, including: new manhole ring and cover assembly with new HDPE height adjustment rings,stainless steel inflow inhibitor and with concrete collar: 1. This item will be paid for by the unit price for each wastewater manhole adjusted including new manhole ring and cover assembly with new HDPE height adjustment rings,stainless steel inflow inhibitor and concrete collar, complete in place. This includes all costs for labor, materials, equipment, and incidentals V. Bid Item 133: Removal, replacement, and repair of pavement: 1. This item will be paid for by the unit price per square yard of asphalt pavement repaired using HMAC asphalt and will include all costs for labor, materials, equipment, and incidentals W. Bid Item 134: Traffic control plans 1. This item will be paid for by the unit price for each traffic control plan for a street closure required to complete a work order for wastewater manhole ring and cover adjustments. All other temporary traffic control measures will be subsidiary to the related bid item. X. Bid Item Cl: Storm water manhole ring and cover adjustments, including new manhole ring and cover assembly with new concrete height adjustment rings and concrete collar: 1. This item will be paid for by the unit price for each storm water manhole adjusted including new manhole ring and cover assembly with new concrete height adjustment 012901-4 Addendum No.2 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev DI-13-2016 rings and concrete collar, complete in place. This includes all costs for labor, materials, equipment, and incidentals Y. Bid Item C2: Removal, replacement, and repair of pavement: 1. This item will be paid for by the unit price per square yard of asphalt pavement repaired using HMAC asphalt and will include all costs for labor, materials, equipment, and incidentals 2. This item will be measured per square yard of pavement removed, replaced, or repaired, complete in place Z. Bid Item C3: Traffic control plans 1. This item will be paid for by the unit price for each traffic control plan for a street closure required to complete a work order for storm water manhole ring and cover adjustments. All other temporary traffic control measures will be subsidiary to the related bid item. AA. The basis of measurement for payment for all Bid Items not explicitly described above shall be as described in the relevant specification sections and/or the Bid Form 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item D1: Allowance for Unanticipated Improvements to Wastewater Service Line Repair, Cleanout Installations, and Manhole Ring and Cover Adjustments 1. The Lump Sum Bid Item described as 'Allowance' have been set as noted in the Bid Form and shall be included in the Total Project Base Bid of the Bid Form for each Bidder. This Allowance may be used at the Owner's discretion in the event that unforeseen conditions or conflicts are encountered during construction which warrant the use of the Allowance funds. Should the use of Allowance funds become necessary, the OAR will provide written authorization at a unit cost as provided for a similar bid item, or at a negotiated cost between the OAR and the Contractor if a similar bid item does not exist. No work is to be performed under the Allowance item without written authorization from the OAR. There is no guarantee that any of these funds will need to be used during the course of the work. 2.00 PRODUCTS(NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION 012901-5 Addendum No.2 WASTEWATER SERVICES, CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 Rev 01-13-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 28,2018 is between the City of Corpus Christi (Owner) and Abel's Paving&Construction, 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: Wastewater Services, Cleanouts, and Manhole Adjustments IDIQ Program 2018 Project No. E17095 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Alan Plummer Associates, Inc. 5934 South Staples Street, Suite 220 Corpus Christi,TX 78413 2.02 The Owner's Authorized Representative for this Project is: Joshua Senecal, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg. 5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 365 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 395 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 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 005223- 1 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 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 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached 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 Price $ 764,707.00 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. Agreement 005223-2 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 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; Agreement 005223-3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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. Agreement 005223-4 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 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 One original 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 ENGINEERING SERVICES; D. CITY SECRETARY for the City. Agreement 005223-5 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Di9rcally-,,d by Rebecca H—b, Digitally signed by Jeff Edmonds Rebecca H u e rta br en=R_'_Haerce e=cry er comas cans& DN cn=JeH Edmonds,q ou=Enginee n9, oil=cry seere>ary,amaa�abaaran@eele.es.b—ems \ email=jeffreye@cctexas—rn,c=US Date:2 8.09.241fi.20.04-0500 Date:2018.09.2409:27:55-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-148 AUTHORIZED APPROVED AS TO LEGAL FORM: 8/28/1 8 BY COUNCIL l� Digitally signed by Kent Mcllyar Digitally signed by RH/ML DN:cn Kent Mcllyar,o ou cn DN: RH/ML o C'ty Secretary,oo City Secretary, email kentmR H/M L ' c@ddtexas.conn,c Us mail=mongnel@cctexas.com c Us Date:2018.09.21 13:40:43-05'00' Date:2018.09.24 11:03:09-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Jose Elissetche Jose Ellssetche Date:2018.09.1215:55:31-05'00' Abel's Paving &Construction Inc. Abel Garza J r Digitally signed by Abel Garza Jr (Seal Below) By; Date:2018.09.1215:53:59-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1442 Cliff Maus Dr Financial Officer Address Corpus Christi, Texas 78405 City State Zip 361/852-1194 361-852-1443 Phone Fax abelspaving@gmail.com EMail END OF SECTION Agreement 005223-6 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 Rev 06-22-2016 00 6113 PERFORMANCE BOND BOND NO. CNB -31811-00 Contractor as Principal Name: Abel's Paving & Construction, Inc. Mailing address (principal place of business): 1442 Cliff Maus Dr. Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Prol. No. E17095 Wastewater Services, Cleanouts and Manhole Adjustments IDIQ Program 2018 Award Date of the Contract: August 28, 2018 Contract Price: $764,707.00 Bond Date of Bond: SEPTEMBER 10, 2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: INSURORS INDEMNITY COMPANY Mailing address (principal place of business): INSURORS INDEMNITY COMPANY 225 S. 5TH STREET WACO, TX 76702 Physical address (principal place of business): INSURORS INDEMNITY COMPANY 225 S. 5TH STREET WACO, TX 76702 Surety is a corporation organized and existing under the laws of the state of: TEXAS By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 254-759-3830 Telephone (for notice of claim): 800-933-7444 Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Address: 500 N. SHORELINE STE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: AENDRIS@HIGGINBOTHAM.NET The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond 00 61 13 - 1 E17095 Wastewater Services, Cleanouts and Manhole Adjustments IDIQ Program 2018 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Pr'n pal Signature: Surety • Signature: l =''AF Name: ABEL GARZA, R. Name: T• CIA BALOLONG 4111 Title: PRFSIDFNT Title: ATTORNEY IN FACT Email Address: ABELSPAVINGPGMAIL.COM Email Address:TRAI OI ONG@HIGGINRflTHAM_NFT (Attach Power of Attorney and place surety seal below) • END OF SECTION Performance Bond E17095 Wastewater Services, Cleanouts and Manhole Adjustments IDIQ Program 2018 006113-2 7-8-2014 !NSURRS ifJDt1.1N11I C,)MPANII. POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -31811-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attest:1.)' a� Tammy Tiepermr, Secretary" State of Texas County of McLennan By: S .0.14 Dave E Talbert, President On the 11th day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly swom, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attomey to be the voluntary act and deed of the o pany. otary Public, State of Texas stwrlt am.. Waxy Mae. BobofT®t ley Corm. Exp. s21m Maly 10 223589.7 Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attomey in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attomey shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attomey, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attomey or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomeys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attomey is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 10th day of September 2018 . Ta.triFYIji Tiepern it, S''ecreart NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION(INSURORS.COM, 1I\ P&C 877 282 1625 flood, 800933 7444 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionatdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not becorne a part or condition of the attached document. 1`. C'1 hl hll l l•. .•1' •.II 225 South Fifth Street PO Box 2683 Waco, Texas 76702.26$3 Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.aov E-mail: ConsumerProtection(c itdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurorsindemni ty.com 00 61 16 PAYMENT BOND BOND NO. CNB -31811-00 Contractor as Principal Name: Abel's Paving & Construction Inc. Mailing address (principal place of business): 1442 Cliff Maus Dr Corpus Christi, TX 78405 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Proj. No. E17095 Wastewater Services, Cleanouts and Manhole Adiustments IDIQ Program 2018 Award Date of the Contract: August 28, 2018 Contract Price: $764,707.00 Bond Date of Bond: SEPTEMBER 10, 2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety INSURORS INDEMNITY COMPANY Name: Mailing address (principal place of business): INSURORS INDEMNITY COMPANY 225 S. 5TH STREET WACO, TX 76702 Physical address (principal place of business): INSURORS INDEMNITY COMPANY 225 5. 5TH STREET WACO, TX 76702 Surety is a corporation organized and existing under the laws of the state of: TEXAS By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 254-759-3830 Telephone (for notice of claim): 800-933-7444 Local Agent for Surety Name: HIGGINBOTHAM/SWANTNER & GORDON Address: 500 N. SHORELINE STE 1200 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Email Address: AENDRIS@HIGGINBOTHAM.NET The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 00 61 16 - 1 E17095 Wastewater Services, Cleanouts and Manhole Adjustments IDIQ Program 2018 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 an egal action. Contractor as Pri c' I -4,,,ii ISignature. ►, - �- ::ure: Name: ABEL GARZA, JR./ Name: TRICIA BAI OI ONG4 Title: PRESIDENT Title: ATTORNFY IN FACT Email Address: ABELSPAVING@GMAILCOM Email Address: TBALOLONG@IHIGGINBOTHAM.NET (Attach Power of Attorney and place surety seal below) • END OF SECTION Payment Bond Form E17095 Wastewater Services, Cleanouts and Manhole Adjustments IDIQ Program 2018 006116-2 7-8-2014 asst Cameo Wiry Pau:, Sdde el Taos ry comm. x.5/21/21 Notary 10 223589-7 ` 1NSUR'RS INOtMNI!Y MPANt1; POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB -31811-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Tricia Balolong of the City of Corpus Christi, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attest:�'"�� Tammy Tieperm-,�"t, Secretary State of Texas County of McLennan By: c3.r4-4r- Dave E. Talbert, President On the 11th day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tieperman, who being by me duly swom, acknowledged that they executed the above Power of Attorney in their capacities as President, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and deed of the o pany. otary Public, State of Texas Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attomey in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomeys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attomeys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attomey is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 10th day of September 2018 Tairr11y Tieperr>7�jt, S`ecrelar? NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATIONi5INSURORS.COM, P8. C 677 282 1625 Bonds 8000337L.46 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 225 South Fifth Street PO Box 2683 Waco, Texas 76702.26$3 Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (111-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(a?tdi.texas.aov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurorsinciemni ty.corn ',----, ® ARD CERTIFICATE OF LIABILITY INSURANCE -- DATE(MMIDD/YYYY) 09/13/2018 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 have ADDITIONAL INSURED provisions or 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 Affinity Insurance Agency 5702 5 STAPLES ST STE G CORPUS CHRISTI TX 78413-3784INSURER CONTACT Mark Garcia NAME: J4IC No. Ext): (361) 985-6100 FAX No): (361) 985-6102 aooaEss: affinityins@yahoo.com INSURER(S) AFFORDING COVERAGE NAIC # A : Evanston Insurance Co. COMMERCIAL GENERAL LIABILITY INSUREDINSURER ABEL'S PAVING AND CONSTRUCTION, INC.INSURER 1442 CLIFF MAUS DR CORPUS CHRISTI TX 78405-3912 B : National Liability & Fire Insurance 3C52586 c : Evanston Insurance Co. 02/07/2019 INSURER.D : Texas Mutual $ 1,000,000 INSURER E : $ 100,000 INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD NUMBER POLPOLICY (MMIDD/YYYY YY) (MMI LICY EXP D/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 3C52586 02/07/2018 02/07/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE POLICY OTHER: LIMIT APPLIES !Pa RO- ! PER: LOC PRODUCTS - COMP/OP AGG . $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED DNLY AUTOSX HIRED AUTOS ONLY X X SCHEDULED NON -OWNED AUTOS ONLY Y Y 73APS081205 07/11/2018 07/11/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY. (Per person) $ BODILY INJURY (Per accident) $ DAMAGE PROPERTY (Pe) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XOBW7502618 02/07/2018 02/07/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AND OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under1,000,000 DESCRIPTION OF OPERATIONS below Y/N NIA Y 0001206873 11 /30/2017 11/30/2018 X STATUTE. &H- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Corpus Christi is listed as additional insured on the above mentioned GL policy. A waiver of subrogation is in p ace in favor of the City of Corpus Christi on both the general liability and the workers compensation policies. This insurance is primary and non contributory. A 30 day notice of cancellation is in place in favor of the additional insured. Project # El 7095 Project: Wasterwater Service Cleanouts and manhole adjustments IDIQ Project f RTIFICCTI Hf)LDER CANCELLATION City of Corpus Christi -Engineering Attn: Construction Contract Admin. PO Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 3C52586. 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract executed by both parties prior to Toss All Locations 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage caused, in whole or in part, by 'your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © insurance Services Office, Inc., 2012 Page 1 of 1 MARKEL COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3052586 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the occurrence", to waive rights of recovery Additional Premium: $ INCLUDED The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241-01 0516 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. S ENDORSEM 1�IRICEL�' POLICY NUMBER: I! 3C5258i. INTERLINE' ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES GMANtE IW.UME3R: 1 POLIC`f CHAN `E3 COMPANY EF FELT I E:. ... 09/1.0/201.8 ;:EvAN T0N INSURANCE NAMED INSURED:'I 'I AUTHORIZED REPR'E E ] ATIV.E Abel's Pani g & Constructi n inc Abel Garza 031;50 Burns B.V�/ilaox ltd. Burnt & 1rVil ox of` Texas 301 E. Lamar.Bivd, 5th floor Arlingtor!T 761i6 COVERAGE PART.(S} AFi=ECT ED: Commerci0l Gener l Liability. The fallowing Item(s): 0 f,tisured's NarrrelAdditional Named Insureds Effective/Expiration Date/Polioy;.Period Insured's failing Address Pdhcy Nuri'lr ❑', ornpany; ❑ Locations/Location Description 0 insureS:;s L cgaf StatU5/3usiness Description . rtirnurra :Earned. Premium ❑. Rates R4 COveraage F.rms and Eridorson ents. Addtional Insureds Loss Payees Mcartgagees; 0 Policy Cancel/Reinstatement Limit$/Exposures//Prerniu:m Basis 13uildfncgs/Personal Prtrperty. Deductibles Aggregate Cap ❑'. P r'Vehi ie Lirrrt Classificaon/Class Codes ❑ Ur derlying: lnsura. ice IhfarrrratlQn " Veh-iol+ Drivers. Vehicle''Deseripti:on (TypeNearffMake./Model/ Iehide'Idantificatfon Number/Cost fdeau/'Jalue) Etiuipmerrt i ,i re) ❑changed'!ecIadded CI de1etedia.5 hatvn below., The attached MEAL 87 0715 (Notice of Cancellation By Us) City of Corpus Christi Eng;ineerin Atte'i'CenstructioncntractAdmirr Pt0' Be�x 97'7 . Corpus Christi, T. i 84g X277 T00:44.N0 ani.endn:ents resuft Other [despribe I slow in a ahang in theiprerrri. rn as faillovus:: . ... NO REI URN PREMIUM - n• CLAIM STILL IN :;': :PROCESS . iT4 BEAD LISTED ADDIT1ONALiPREMIUM AT AUDIIT ❑ $ NO RETURN PREMIUM— TOTAL LOSS. TO INSURED ITEM RETURN EREM II .M —:, FULLY EARNED ROVISION APPLIES RETURN PREM IUM ❑' OTHER (©ESCRIBE1: ,Ail other terms anciieariditipns.remairi unchanged:. AUTHORtZEI R'EPRESENTAT► E:': MEL 1;2i?3°0!3 s cad:jrrighte i material of lrteura!2 11. 15erin1ssi0n, .. e.1 oft COM LIABILITY PQLiG?"' N.UMBER., 3052.586 E\... N TCiN IIS OF AN E COMPANY' ' D:ORSEMENT CHANGES 'THE: POLICY.. ,PLEAS.E READ IT QAREFUL:LY NOTIE...............ELLATION gy U A PEQUI'REIj: ADOITIONAL.INUR.E"D This.endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY•cOUERAGE FQR'M SCHEpLILE': NumberOf DaYs 30 The"fbllawi;ng is added to the"C"an,cellation conditiori; We•will provide written NDitIG6 of:iCanoellationr to. an a.dditronai: shd rn'irth SQhedule h oue, cancellation wih hecomeieff otiue This condition only± applies if: 9 The pylic 'ts cancelled by u 2.: ':,O rieellatiorl i for reasons otherthan; a, Nonpayrrisrrt.pf premiums or Non payrmer�t or ny ded aatibl re mbursernent; 3. 'You are requrred by rr ritten contraot';to p"rovii e, the.additioriel insured`with'such notice.; ar .d 4, ',You e ree to provide'rte"witt list of,the applicable addrtionai insureds, tnoudi"rig their; coy 1pl within 7 days.af our re, quest. notice is mailed,'•proof of. mailingis sufficient proof of :such notice: . r !WA addresses rarnain unchanged. des o rpyrightei material of Inane with its permission, Seruioes :dffice; Ihc.,;', of 1 '' COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG20010413 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 M -3745a (0612009) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and • 4) such inclusion of additional insured shall not increase our limit of liability under this policy. ADDITIONAL INSURED: CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI, TX 78469 All other terms, conditions and agreements remain unchanged. Additional Premium: 750 Company Name National Liability & Fire Insurance Company Policy Number 73 APS 081205 Endorsement Effective 07111/2018 4:47 PM Named Insured ABEL'S PAVING AND CONSTRUCTION INC Countersigned by uthonzetlrtepresentauvel (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy] M -3745a (0612000) 08/13/2018 11:11 5157A 188-6B5F-4497.8507.8230C 0E79745 POLICY NUMBER: 73 APS 081205 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. M -5144a (0612007) Endorsement Effective: 07111/2018 4:47 PM Countersigned By: (Authorized Representative) Named Insured: ABEL'S PAVING AND CONSTRUCTION INC SCHEDULE Name Of Person(s) Or Organization(s): CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI, TX 78469 Additional Premium $ 250 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the persor(s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above regardless of any early termi- nation of this endorsement or the policy. Includes copyrighted material of Insurance Services Office Inc. with its pennission. M -5144a (0612007) 08113/2018 11:111, 5157A188.6B5F-4497.8507.823000E79745 ,FDCERTIFICATE OF LIABILITY INSURANCE tirEtr�10 02 v :8 AM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON LYAN D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE POESNOT AFFIRMATIVELY OR-NEGATIVELYAMENLI EXTEND OR ALTER THE COVERAGEAFFORC)ED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS SU Ili,* INSU R EIkSS, AUTHoRI7FD RFPRFSFNTATIVF OR PRONJ(FR ANI)THF CFRTIFICATF HOI r) FR. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED the policy(ies) muat be endorsed. If SUBROGATION IS WAIVEP,, subject to the tens and conditions of the policy, certain policies may require an endorsementA slatemeht on this certificate does not confer rightsto the 'certificate holder in lieu of such endorsement(). PFi0DUDER Affinity InSurace Agency 5702 S Staples Street Suite - Carpus Christi, TX 78413 CONTACT Burns $c Wilcox Ltd. NAME Pf-IDNC FA:C '(We Nr. N, t : 81765212:77 te4c. Nol EMAI I ANDRESS:' I NSr,IRER(5) AFPURDING:COVERAGE. NAIC:;:A INWREr_a ABEL'S PAVING AND CONSTRUCTION INC. 1442 CLIFF MAUS DR CORPUS CHRISTI, TX 78405 1118URERA NATIONAL LIABILITY81•rote INSURANCE 20052 INsuFER'a; COMPANY INSURER c: E00AI:0;CIJRfw'LI' CE IN8LIRER.0: EiAMAi01V RENTEI1 • P.ROMI8ES 10.A.ti Eun n l INSLIRERe; 'k1E.CY'RYP (Am) nnnrlj; Hsu nEk^ F?.. TE NUIVISIER- JLU.J:14' W.UILVIUN NUIVIaft• N: r-itaitrcl{strDta wGR 1l1:IMfR. 1'1110'1,sTO:I,,PRTIFTTHATTHEPi1.I:crIE.0ofIH$URAhNOG,I.I.TCQt3a.O4'aI1&VPFFOEENI:'SUEDTOTHEIINSURr"D1i MF..DAO0VOFORTHEPOLIO(PURIOC.?. • RCA c rED..NO WITH,STA`JDING ANY'. RE'QUIFTEMEL'IT TERMQ.R CQ19DrrloNd OF:A.NY CQNTFPC'T 01?R:0,THER D00UMERr WITH 1ESPECT TO WHICH THIS CERT FICATE MAY BE ISSUED -0R, MAY PERTAIN, THE IN;SORANCE AFFORDED C'Y THE POLIOIES DE1CRI13ED HEREIN IS VVIIEJECT TO A.LL THE TERlyly; E.XC:L.UJSION8AND OONDIT IKAtOOF'S11CH1 PC)L.IGIE0 LIMITo SHOWN MAY HAVE FEEEN R,EL').lS0EIYh3'i PATI C;(A M INER. TYPE•DF INSURANCCC ADDL INSO .auaR. WVO POLICT'NUMBERfMM/D0/YYYYYI p6LI0V:EFF Pot -JOA P (MM+PDfYYYY1 LIMITS: .LTR GENERALUAEILITY .. CO3s9NIEPC.I4.L 0ENER4L LJAE3ILITY" . - - E00AI:0;CIJRfw'LI' CE EiAMAi01V RENTEI1 • P.ROMI8ES 10.A.ti Eun n l 'k1E.CY'RYP (Am) nnnrlj; R CLAIMS -MADE MPPR. •PER,"S.6'AL&ADV. INJURY OES4E ALAE -EE. i1T0 -. k(it. 1015 - C0MP'IOPAGIG..— $ GEN,'LAGOREGATE POLICY LIMIT APPUEE r-e:T PER I.LaC A AUTOMOBILE �ANY,AUTr.J- ,,.B,,.AUTC3S x... AUTI3ORITY ALL 044 0 NIREDAUT.0 ' )C ,_.. E0ED SC NUL ALITI:'15 AUT. V�YVED;:. � 7.*0$0812D5. _ "07/1112018 4;47 pm 07/11/2!19 12:01 AM COMBINED9BINA1_E.. LIMIT BCflderit) $ 1000,000 ,(ETI EOITILY.iN,40Ey(1NSPer,orl) WA noct'Y INJURY (Per aoeideliti. 13 NIA' PRQPEiztilEAMAI=GE: (Per4ccdenft Nii1.... Uthenei to LIAR 1QC41R EACH 01 LCURRENCE AOMRHIATE 3 EXCESS LAB CLAS -MARS MD RETENI1ON:5' -- —If WoRKERB CpMPEN9ATlt}ly; .. anicsMPLAYEss LIABILITY AN'FIPRi1FRICYC`tR1PAR11 0 3ENEC'l1'I1VE. OFPIrER)MEMEER EXCLOOEE/? Y ): N Mahtla9nlTl In NH)E, ( L._ .3.,s,describe Prrder :.- PE9GRIPTiON BJP La'°RA`'ION9lielow 11/ 5E. I. - VVOSTATU- TCP`)'1 IMlT0 (J'JH- L, G'T €.HRU0I6E- - $ I., CIA-0F.EEAEMPLt9YEE. E. L. DI. EASE- 0.0010Y LIMIT- $ OEECRIP'1'IDN-OFOPERAT10NE/LDCATIONS;-YEHICLE5(Attach AC0R0011,-AddiEonal RemarkaEahedule/i mare space Is requi edj. When this policy Is•can celled,.the Company agrees To provide00 days advance notice To the Certilica a Holder. Vehicle' Schedule: see.atteched_ GMC I IrlUP),IC MUL,LtMte - CITY OF' CORPtrS CHRI8.TVENGINEERIIG g� %7 COI :PUS CHRISTI, TX 78480 "^ . --- .....-- 'SHOULD ANY ay. THE ABOVE UESCRIEED P0LICIESEE CANCELING BEPDRETHE EXPIRATION 0EYHEREOP,NOTICE WILL SE. RELIVERED IN AOPOROANCE NETHTTHE IYOLIOYPRav,sioNC• AUTHQP.IZED F@EPRE$ENTATIVE � ACORD 25 (2010105) 1.5052.011201.1) The Ate) naiYle and logo are registered marks of ACORD= 18.2010 AC RD ORPORATIt3N, All rights reserved. TexasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3:A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/30/17 at 12:01 a.m. standard time, forms a part of: Policy no. 0001206873 of Texas Mutual Insurance Company effective on 11/30/17 Issued to: ABEL'S PAVING & CONSTRUCTION CO INC This is riot a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1(800) 859-59951 Fax (800) 359-0650 Authorized representative 11/8/17 WC 4203 04 B TexasMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Agent copy Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when thisendorsement is issued subsequent to preparation of the policy.)` This endorsement, effective on 11/30/17 at 12:01 a.m. standard time, forms a part of: Policy no. 0001206873 of Texas Mutual Insurance Company effective on 11/30/17 Issued to: ABEL'S PAVING & CONSTRUCTION CO INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 11/8/17 WC 42 06 01 Name Name 2 Attn: Address Address 2 City State CITY OF CORPUS CHRISTI P.O. BOX 9277 CORPUS CHRISTI TX Zip 78469-0000