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HomeMy WebLinkAboutC2018-619 - 9/25/2018 - Approved C2018-619 9/25/18 Ord. 031561 Max Underground Construction 00 52 23 AGREEMENT This Agreement,for the Project awarded on September 25,2018, is between the City of Corpus Christi (Owner)and MAX Underground Construction LLC (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: Laguna Shores Road Force Main Replacement Project No. E10054 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. 820 Buffalo St. Corpus Christi,TX 78401-2216 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 Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 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 300 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 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 00 52 23-1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev06-22-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF LAGUNA SHORES ROAD FORCE MAIN REPLACEMENT CITY PROJECT NO. E10054 oFloid ..�'�S; ..� oil �� � JOSEPH DON RENNET '�•� •. 36151 . :�� . '24'= ��+ GjS , 1 � LJA ENGINEERING '� t MEMENEW NOMMMWiw MEEMI W WMIM C of •. 'M'�ro9b WSW 416W....,.,�RWro�X ro9 R�0m0nb PnR "i Corpus 938 Chri sti.. o le UA ENGINEERING 820 Buffalo St. / Corpus Christi, TX 78401 / (361)887-8851 5656 S. Staples St., Suite 230/ Corpus Christi, TX 78411 / (361) 991-8550 Record Drawing Number: SAN 568 June 8, 2018 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 (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Rev 01-13-2016) 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 (Rev o1-13-2016) 0061 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev 06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/ MBE/ DBE Participation Policy(Rev o1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev 03-11-2015) 01 29 01 Measurement and Basis for Payment(Rev 01-13-2016) 01 31 00 Project Management and Coordination (Rev 01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures Table of Contents 000100-1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Division/ Title Section 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 Division 02 Sitework 021020 Site Clearing and Stripping(Rev 10-30-14) 021040 Site Grading (Rev 10-30-14) 021080 Removing Abandoned Structures (Rev 10-30-14) 022020 Excavation and Backfill for Utilities(Rev3-25-15) 022021 Control of Ground Water(Rev 10-30-14) 022022 Trench Safety for Excavations(Rev 10-30-14) 022040 Street Excavation (Rev 10-30-14) 022080 Embankment(Rev 10-30-14) 022100 Select Material (Rev 10-30-14) 022420 Silt Fence(Rev 10-30-14) 025202 Scarifying and Reshaping Base Course(Rev 10-30-14) 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement(Rev 3-25-15) 025223 Crushed Limestone Flexible Base(Rev 3-25-15) 025404 Asphalts, Oils and Emulsions(Rev 10-30-14) 025412 Prime Coat(Rev 10-30-14) 025424 Hot Mix Asphaltic Concrete Pavement (Class A) (Rev 3-25-15) 025612 Concrete Sidewalks and Driveways(Rev3-25-15) 025802 Temporary Traffic Controls During Construction (Rev 10-30-14) 025805 Work Zone Pavement Markings (Rev 10-30-14) 025807 Pavement Markings (Paint and Thermoplastic) (Rev 10-30-14) 025816 Raised Pavement Markers(Rev 10-30-14) 025818 Pavement Markers (Reflectorized) (TxDOT DMS-4200) 025828 Bituminous Adhesive for Pavement Markers (TxDOT DMS-6130) 026202 Hydrostatic Testing of Pressure Systems(Rev 10-30-14) 026210 Polyvinyl Chloride Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) (Rev 3-25-15) 026214 Grouting Abandoned Utility Lines(Rev 10-30-14) Table of Contents 000100-2 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Division/ Title Section 026409 Tapping Sleeves and Tapping Valves(Rev3-25-15) 026602 Wastewater Force Mains(Rev 10-30-14) 026604 Air Release Valves (5-96) (Wastewater Application) 027200 Control of Wastewater Flows (Temporary Bypass Pumping Systems) (Rev 10-30-14) 027202 Manholes(Rev 3-25-15) 027203 Vacuum Testing of Wastewater Manholes and Structures(Rev 10-30-14) 027205 Fiberglass Manholes(Rev 3-25-15) 027602 Gravity Wastewater Lines(Rev 7-1-15) 027604 Disposal of Waste from Wastewater Cleaning Operations(Rev 10-30-14) 027606 Wastewater Service Lines(Rev 10-30-14) 027611 Cleaning and Televised Inspection of Conduits(Rev3-25-15) 028340 Chain Link Security Fence (Rev 10-30-14) Division 03 Concrete 030020 Portland Cement Concrete(Rev 10-30-14) 032020 Reinforcing Steel (Rev 10-30-14) 037040 Epoxy Compounds (5-44) 038000 Concrete Structures(Rev 3-25-15) Division 05 Metals 055420 Frames, Grates, Rings and Covers(Rev 3-25-15) Part T Technical Specifications 016510-T Testing and Start-Up 022410-T Storm Water Pollution Prevention 026206-T Ductile Iron Pipe and Fittings (Rev 10-30-14) 026800-T Fusible Polyvinylchloride Pipe for Installation by Horizontal Directional Drill (HDD) 026900-T Horizontal Directional Drilling 028020-T Seeding 099020-T Painting 113100-T Fiberglass Reinforced Plastic Wetwell 151020-T Check Valves 151030-T Eccentric Plug Valves Table of Contents 000100-3 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 Division/ Title Section 151620-T Submersible Pumps for Wastewater Electrical Specifications(Electrical Specifications prepared by Bath Engineering,Joe B. Martinez, P.E.) 260126 Electrical Testing 260500 Common Work Results for Electrical 260519 Low-Voltage Electrical Power Conductors and Cables 260519.01 Wire Connections and Devices 260526 Grounding and Bonding for Electrical Systems 260533 Raceways and Boxes for Electrical Systems 260543 Underground Ducts and Raceways for Electrical Systems 260553 Identification for Electrical Systems 262816 Enclosed Switches and Circuit Breakers 263600 Transfer Switches 269900 Ultrasonic Flow Measuring Equipment 409003 Effluent Pump Control Panels 409430 SCADA System 409443 Programmable Logic Controllers Appendix Title 1 Rock Geotechnical Report (Dated: 9-30-16) 2 TxDOT Utility Installation Request Permit END OF SECTION Table of Contents 000100-4 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 DIVISION 00 Procurement and Contracting Requirements 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: Laguna Shores Road Force Main Replacement Project No. E10054 The Laguna Shores Road Force Main Replacement Project includes the installation of a new 24" force main from Graham Road, along Laguna Shores Road and E. Lakeside Drive, to the Laguna Madre Wastewater Treatment Plant, a total length of approximately 5,500 feet. In addition, the existing Gateway Lift Station will be replaced with a new lift station, flowmeter, and associated new gravity wastewater infrastructure necessary to take the existing siphon wastewater line beneath Park Road 22 offline and abandon it in place. Additive Alternate No. 1 includes Full Width Pavement Reconstruction between Graham Road and the new Gateway Lift Station. Additive Alternate No. 2 includes the installation of flowmeters at the following locations: Riviera Lift Station, Laguna Shores Lift Station,Waldron Lift Station, and Flour Bluff Lift Station. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$4,660,000. The Project is to be substantially complete and ready for operation within 270 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 2:00 P.M. on Wednesday,July 25, 2018 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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—Laguna Shores Road Force Main Replacement, Project No. E10054 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 at 2:00 P.M. on Wednesday,July 25, 2018 at the following location: City Hall Building— City of Corpus Christi Third Floor, Parks Department 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. Invitation to Bid and Instructions to Bidders 002113-2 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 2:00 P.M. on Tuesday, July 10, 2018 at the following location: City Hall Building— City of Corpus Christi Third Floor, Engineering Services Engineering Services Conference Room 1 or 2 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. 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, Invitation to Bid and Instructions to Bidders 002113-3 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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. 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. Invitation to Bid and Instructions to Bidders 002113-4 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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 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 Invitation to Bid and Instructions to Bidders 002113-5 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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 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 0045 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 Invitation to Bid and Instructions to Bidders 002113-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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%. 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. Invitation to Bid and Instructions to Bidders 002113-7 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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 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 h1t!QjJwww.1: Eli :3 i; , i / overnment/city-secretary/conflict- disclosurelindex. 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 https://www,ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will because 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. Invitation to Bid and Instructions to Bidders 002113-8 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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. 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 Invitation to Bid and Instructions to Bidders 002113-9 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 01-13-2016 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 002113-10 Laguna Shores Road Force Main Replacement—Project No. E10054 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 $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $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 ❑X Required ❑ 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 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 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 003000 BID ACKNOWLEDGEMENT FORM ARTICLE 1 1D RECIPIENT 1.01 In accordance with the Drawings, Specifications,and Contract Documents,this Bid Proposal is submitted by (type or print name of company)on:Wednesday,July 25,2018 at 2400 P.M.for Laguna Shores Road Force Main Replacement,Project No.E10054. 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,CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary®s Oce 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Laguna Shores Road Force Main Replacement,Project No.E10054 All envelopes and packages(including FEDEX envelopes) gust clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTSBIDDERS' 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form Included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum a® Addendum Date Signature Acknowledging Receipt Rid Acknowledgement Form 00 30 00-1 Laguna Shores Road Force Mein Replacement—Project No.E10054 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. 3003 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 fallowing 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; Ca Information and observations obtained from visits to the Site,and D. The Contract Documents. 3006 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: Aa The cost, progress, and performance of theWork; Be The means, methods,techniques, sequences,and procedures of construction to be employed by Bidder® and Ca 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. 3,03 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 Rid Acknowledgement Form 003000-2 Laguna Shores Road Force Main Replacement--Project No,E10054 Rev 01- -2016 all additional examinations,investigations,explorations,tests,studies, and data with the Contract Documents® 3,10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Ridder 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. 3012 Rider'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 SIS OF BID 4,01 Ridder will complete the Work in accordance with the Contract Documents at the unit prices shown in the RID 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, Cm Unit Price and figures column will be used to compute the actual Rid price® ARTICLE EVALUATION F 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 Ridder has met the minimum specific project experience requirements to determine the lowest responsible Ridder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Ridder 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 Rid, reject any and all Rids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Rids. In addition,the Owner reserves the right to reject any Rid 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 theBidder'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 Ridder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Laguna Shores Road Force Main Replacement p-Project No.E10054 RevOl-13-2016 ARTICLE 6—TIME COMPLETION 6.01 Ridder will complete the Work required to be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4,01 of the General Conditions. Ridder will complete the Work required for final payment in accordance with Paragraph 15006 of the General Conditions within 300 days after the date when the Contract Times commence to run, 6.02 Ridder 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 I In compliance with the Rid Requirements in SECTION 00 2113 INVITATION TO RIO AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Rid Security. B. SECTION 0 30 00 RIO ACKNOWLEDGEMENT FORM and documentation of signatory authority, C. SECTION 00 30 01 RIO FORM. Da SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. Em SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 ON-COLLUSION CERTIFICATION. ARTICLE EI TERMS 8,01 The terms used in this Rid 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 Ridder agrees that venue shall lie exclusively in Nueces County®Texas for any legal action. TIC 10®SIGNATORY REQUIREMENTS FOR BIDDERS 10,01 Bidders must include their correct legal name® state of residency,and federal tax identification number in the Rid Form, 10.02 The Bidder®or the Bidders authorized representative® shall sign and date the Rid Form to accompany all materials included in the submitted Bid. Rids 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 Ridder to a contract, and if required®shall attach documentation of signatory authority to the Bid Form, Bid Acknowledgernent Form 003000-4 Laguna Shores Road Force Main Replacement Project No,E10054 Rev 01. 10,03 Bidders who are individuals("natural persons®as defined by the Texas Business Organizations Code§1,002)® but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder®s governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using ars 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 Bidders enabling documents as filed with the state of residency,or as otherwise existing. Bid Acknowledgement Form 003000 -5 (Laguna Shores goad Force Naini Replacement—Project No.F10054 Rev0l...13-x016 ARTICLE 11®BID SUBMITTAL 11,01 This Bid is submitted by: Bidder. MAX Undernround Construction LLC (typed or printe ull legal name of Bidder) By: (in 'vldual®s signature) Name. Maximiliano Salinas (typed or printed) Title: President (typed or rinted) Attest: (individual®s signature) State of Residency: State of Texas Federal Tax Ido No. 61-1636364 Address for giving notices: t . Sox 271106 crus histia Texasm76427( ailing 3601 Saturn Suite 103 Corpus Christi, Texas-76413hysical} Phones 361334-2632 Email; MAX Construction10 ahoo,corn (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 Ackna led ement Form 003000- 6 Laguna 0. 000- Laguna shares Road Force Main Replacement—Project No.E10054 Rev 0113-2016 2 COMPLIANCET T T T BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the louver bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder"refers to a person who is not a resident of Texas. "Resident bidder'® refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. El Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders, Bidders Company Name: MAX Underground Construction LLC By, ,. (ty ar pr►r�ted) (sfgr��ture--attach evfder�ce�f autf��rfty t�sfgt�) Name: (typed or printed) Title: ient Business address: P Box 271106 Cou Christi. Texam7827( eilinq) 3801 Saturn quite 103 Corpus Christi, Texas 76413( E�hysical) Phone: 361-334-2832 Email: MAX Construction--yaho . _ _rrn END OF SECTION Compfiance to State Law an Nonresident Wdders 00 30 02-1 Laguna Shares Road farce Mann RepVacernent—Project No. E10054 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest 0§ SUPPLIER NUNEMBER TO BE ASSIGD B PURCHASING DIVISION %W0%.0%9W C of CITY OF CORPUS CHRISTI us Christi DISCLOSURE OF INTEREST C I to do business * of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seekin wi%the Ci%to provide the following information. Every uestion must be answered. Ifthe question is not applical le, answer with "NA". See reverse side or Filing Requirements, Certifications and definitions. COWANY NAME: I J 1 md-Gaastairlj!i� ILG— P.0.BOX: -----2ZllD6-Carp usLhdsLIaxas--ZB427( Mailing) STREET ADDRESS: ,a& -------- t-satum-suite iz3— CITY: -Cnrputa.��SZEP: --Z8A11— FIRM IS: I. Corporation 2. partnership 3. Sole Owner 4. Association a 5. Other 0 DISCLOSURE QUESTIONS Ifs ii space isnecesp7,please use the reverse side oft is page or attach separate sheet. 1. State the names of each 'employee" of theCi " % of Corpus Christi having an "ownership interest constituting 3%or more of the ownership int he a ove named"firm," Name Job Title and City Department(if known) NeNE- 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 NONE 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 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked onan/ matter related to the subject of this contract and has an "ownership interese' I, constituting 30 o or more of the ownership in the above named"firm." Name Consultant City of Corpus Christi 003005-1 Disclosure of interest Rev 01-13-2016 TS If a person who requestsofficial action on matter ow at t ere ted on will confer an economicbenefiton i official Oremployee at is isin ui a e o e effect at a tion ill have o members o the public i generalor a su st tial e e t e o , a shall disclose at fact FILING RE RE EN i a signed writing D e i ficial,employee or o y at een re Neste o act i the matter, less e interest o the i Official Oremployee i t e a er is et. T e disclosures also e made in a signed writing file with the Ci Secret tics Ordinance Section 2-349 CERTIFICATION ce i that all information provi is true and correct of the date of this statement,that I have not i t withheld disclosure o information requested; i supplemental s to a will e promptsubmitted the Cityof Corpus Christi,Texas changes occur. GertWing Person: Title: orNot) i r i is Person: ® DEFINITIONS a. "Board e er." A member of any board, commission, or committee in a e City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on membersof the public in general or a substantial e en thereof. c. "Employee." Any personemployed e City of CorpusChristi, Texas either on a full part- time basis,butot as an independent contractor. d. "Firm." n entity er t for economic gain,whether professional, industrial or commercial,and whether lis a to produce or deal with a product or service, including t not limited to,entities operated in the form of sole proprietorship, as self-employed pers , partnership, corporation,joint stock company,joint venture, receivership or trust, and entities ish for purposes of taxation are p� treated organizations. e. "Official." ici l.9 aMayor, members of theCity Council, CityManager, Deputy CityManager, Assistant City Managers, Department and Division Heads,and MunicipalCourt Judges of the City Corpus Christi,Texas. "Ownership Interest." Legal or equitable inte et a actually or constructively held, in a firm, including en such interest i elthrough agent, trust, estate, or holdingentity. "Constructively 6 ons ctively held" refers to holdingsr control established through voting , proxies, or special to venture �e s of Br orpartnershipagreements." g. "Consultant."Any person or firm, such as engineers c i ec , hired by the City of Corpus Christi forte purpose of professional consultation co n tion. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 003006 NON-COLLUSION TIFF TI STATE OF TEXAS COUNTY OF Nt1ECES OWNER: City of Corpus Christi,Teas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Laguna Shores Road Force Main Replacement Project o® E10054 Bidder certifies that they have 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 ether thing of value for special consideration in the letting of a contract, Company Name; MMAAXX Linder round Construction LLC (ty ed or printed) c_&By: (signature--attach evidence of authority to sign) Name; Maximillano Salinas (typed or printed) Title; President Business address; PO Box 271106 Corpus Christie Texas®73427 rr�ailin 3301 Saturn Suite 103 Corpus Christi, Texas 76413( Physical) Phone: 361-334-2332 Email: MAX CCN T LICTION10 _YAHOO.COM END OF SECTION Non-Collusion Certificaf8on 003006-1 Laguna Shares Road Force Matn RepOacernent—Project No.,E10054 1x.••25-2013 00 30 01 MD FORM Project 1Nraimuea begmm Shame 1'l,wid Force @lennu RepnlacammeTT .......... ..... ........................ ..�......^.^.... ... prolmcl _......_...... _............._..... 7Nuumabmru E10054 w...� .�.w...�. 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CbaAR: IIBane DESCRJPnoN F.1iNYfl 9" 1T PA2YC[E 1Z dP I�llD31CD Aiek0IITPrII BASE BED PARTA-GF14ERAI,(por SII"(7l°lC3N 01 29 01 NMASUREMENTAND BASIS FOR PAYMENT) Al Mobiliaaticn 5%) LS 1 195, 00 S 195, .CIO A,2 Bcmds and Imurenca LS I S 36, 00 S 36, 00 A3 Traffic Coritrol LS 1 S 25,0 00 S 25,000M A4 Stonn Water PoDution Prmven ion flan La 1 S 7,500,00 S 7,50000 A.5 Ozone Action Dory DAYS 5 S 275,00 S 07500 A6 CantingencyAflowatice for UnaanticapatedAdBkust¢ments LS 1 S 50,000.00 S 50,000,00 A7 Ceaa' ency Allowance for Unanticipated Disposal srf Cantaeninated Gr ulwater LS I S 25000.110 S 25, ,00 TOTA.LPART A_G (ITEMS AII'1"IMUA7) S 339,975,00.. PART 13-NEWFORCE MAIN(per SECflON 0129 01 ,atJRE AND BASIS FOR PAYM^ ') Bl Direceaonally Drilled 24"Fusible M5(DR-18)PVC Fctw Main LF 2,313 S 465,00 S 1,075,545,00 B2 Encased 24"Funble 0905(DR-13)PVC Force Main LF 437 S ' .00 S 131,10000 B3 Direct, ly 1led 36"Fusible 5(DR-18)PVC Cas,ig LF 437 S 075,00 5 352,37500 B4 Bare Pit Trench Safety EA 6 S 3, 00 S 18,W0,00 B5 �24�C`90.5(DR-111)PVC Faroe Men(0,-6) LF 1,089 S 220,00 S 239,58000 B6 74"C9IN5(DR•18}PVC Faxce in(6'-8) LF 1,090 S 25000 S 272,500,00 157 24"0905(DR-18)PVC Face Main(81-19) LF 96 S 27500 S 26,40000 24"0905(DR-18)PVC Force Main(10-12') LF 31 S 315,00 S " 9,765.00 B9 24"0905(DR-18)PVC Force Mwn(12'-14) LF 215 S 31500 S 67,72500 B10 24"C905(DR-18)PVC;Force (14'-1 CZ) LF 183 S 34500 S 63,13500 1311 Trench Safety for ripen(-'m Pipe lrestallation LF 2,704 S 7„00 S 18,928,00 B12 Well Pointing LF 2,704 S 23,50 S 63,544,00 B13 Connect Now 24"rM to Existing IS"k (Incl.All Re<I'd 165"FIS Pipe and Appurtentinoes(Exclualirg'fee,Reducer, LS I s 36,000DO S 36, ,00 wed Pflr Valve& Line S wetat B s �Coakdieaaticm wrath Cit t 1i De erzkl B14 I8"x6"Tapping Sleeve and Valve EA I S 4,705 00 S 4,705,00 B15 24"x6"T tg Sleeve and Valve EA. 1 $ 5,050.00 S 5,050,00 B16 18"Tee EA, I S 3,025 W S 3,025.00 B17 18"Plug Valve&Box EA I S 6,575.00 S 6,57500 B18 24"xl8"Reducer EA I S 2,485.00 S 2,485,06 B19 24"Plug Valve&Box EA 6 S 14,35000 S 87,30000 B20 24"11.25°Berid F-A, 7 S 2,7210) S 19,07500 137.1 24"215'Bend HA 3 $ 2,725,00 S. 8,175.00 B22 24"45°Bend EA 17 2,93048k 'S 50,150.,00 B23 4"Air/Vacuotm,Release Valve in 5'Diameter F/0 Mankxvle EA 6 S 9,00000 S 54 00 B24 Manhole Trench Safety EA 6 S 880.00 S 5,28000 80d Form 9a8a a n15 Laguna 9wres Road Force Maln Rep W:ement-Project No E10C 54 Rev 01-1.3-2011,0 00 30 01 SVD FORM Itm DESCRIPTION UNff UNIT PIUCE FXMDEDAMOUN'T . B25 A4ust Manhok Ring end Cbvey EA 5 S 1,950.00 S 9,75000' 1326 Comiect,Now 24"F&I to F:xastui Laguna Much WWTP Infrastructure LS 1S 6,0.50.00 S 6„05400 B27 Stsnot Excavation(Inside Trench R er Lutu b&I'Beyond E(I P) SY 2,919 S 5,00 S 14,590 W 1326 S de Preparation Qndda"french ReWr Lan its&I'Bnyond E 0 P) SY 2,918 S 3150 S 10,21300 B29 T%-5 Cr grid(Inside Trermh Repair Limits&I'Elcyord E 0 P I SY 2,918 $ 600 S' 17,509 W 130 Y 0"Tylia A do 1-2 C:rerxhed Lienee B-.For T-DOT Std,Spec Stem No 247(Iexside Trench R".L snits& SY 2,913 S 2350 5 W73,00 Be B31 Prune Coat(41.24 G3mllona/SY) aJ Pd, 594 S 500 S 2,91900 B32 3""l' 'lY IHAAC SY 2,747 S 23,34 S 64,534„50 B33 Reflective Pavernard Mmidngs TY”I(Y)(4")(SLD)(100 red) LF 3,092 S 100 S 3,03204 B34 Reflective Pavement Markings TY.1(Y)(41)(I3 (100 mM 1.F 140 S 104 S 14000 F935 �PeflemivePaveEnoertIwlaslarsTYY(W)(B")(SI F7)(1¢70sexalh LF 1,013.3 S 1.00 S 9,093.E£936 sed Reflective Pavement Mari ,s(T -A«A)Yellow EA 53 S C%00 S 593.00 B37 Silt Farce LF 4,820 S 220 S 10,604,00 B38 Inlet Protection EA 7 S 20300 S 1,43500 E39 Hydromtdch SY 1,193 $ 13,50 S 19,336,50 SUBTOTAL OTCAL PANP II4-NEW FORCE' IIN(rfEMS BI TlHRIIX IIL39) 5 2,879,947 00 PART C~°-NEW GATEWAY LIPT STATION(per SECTION 0129 01 RI - T AND BASIS FOR PAYMENT) CI Salvage,DemolmN and Pill In Existing Gateway Lift Statiarn LS I S 20,tl0o 0o S 20,000.00 C2 Corotruct New Gateway Lift Station 1,S I S 295, 00 S 295, ,00 C3 Open Trench 6"0900(DR-1 S)PVC Force Main LF^ 110 S 5300 $ 6,05000 C4 Trench Safety for Open Cut Pipe Installation LF 110 S 5.00 S 550,00' C5 We19 Pointing LF 110 S 2500 S 2,750,00 C`6 6"Tee(oar Prop 6"0900 PVC FM) _ EA I $ 925,00 S 925,E C7 6"Plug Valve(on Prop.6"C900 PVC FM) EA 2 S I„: ,00 S 3,600,04 C$ 6°45° d(onFrar.(1PCl0PVC;FhI) 4 S 1,200,00 S 4 .00 SUBTOTAL PART C-NEW GIATFWAY LUT STOAT TION(IT" La CII TITIIRCI C'8) S 323,575� PART IID-GRAVrfY WASTEWATER E R F' FOGA t4 (per SE(-I ION 0129(1 MFASURENIENT AND BASIS FOR PAYMENT) ISI (knot Fill acrd Abe n-in-Place Fxisting 4"FM LF 21 S 23,00 S 493.00 D2 Orem Fall acrd Abandon-ire-Place Exist 9"W'WL LF 22 $ 25,00 S 530.00 D3 Grout Fall and A n-ki-Nace FAiming 10"WWI, 1.T' 4.55 S 4200 S 19,11004 ID4 Reanove Sewage,Grout,acrd A. -ua-Pl Existing 12"W tVL Yd^ 310 $ 4304 $ 13,65000 17.5 Remove Sewage and Grout MRI Bottom ofExistug 4 lvlanheole to Flowlina EA I S 2„10004 S 2,10000 E)6 Remove Ring&:Cover,Top Z ofManhole,and Grout mid Abandon-in-Place Existing MarAwle, 4 S 1,25000 S; 5,00000 I77 12"WW SbA)and Cap FA. I S 625,00 S 62500 D8 12'SI7 6PVC(l0'-12') LF 20 5 13500 'S 35,77.0,00 fl21SDR26PVC(12'-I4") LF 106 S 15500 S, 16,430.04 1710 Trench Safety for Open Cut Pipe Inmallahon LF .371 S 250 S 927,50 ID Y Well Painting _ LF 371 S 2700 S 14,01700 E112 4'Duarrater FA3 Manhole FFA 5 S 6,00o 0o S 32,50000 8Vd 6orrt 4"aEuTM 2 of S Laguna Sherres Road Force Martn hasp%cement-Project OWo E10054 9ev o2-1.3-201 Ca 00 30 0BtDIFI'DRM Item DESCRIPTION UNIT UMr PPICE EXTENDEDAMOUNr ID33 Pvinarrnk'nkat'ifaxtre,Dey W:knQ`,6) Vr S 725,D0 S 19,575.00 D14 h4ssm+&asak'rrresnch'Saf ty HA ti S 500,00 $ 2500.00 D15 Adjust Manhole Ring and Cover E.A, 5 $ 1 00 S 9,000,00 1716 Reconnect Existing WW Service EA 10 S woo $ 183,000.00 D17 Unanticipated New WW Service EA k $ 1„35000 $ 1,35000 Dig WW Bypass Operatioets LS I $ 15,WO 00 S 15, ,00 SUTIik FUDTCAL PAE I UD-CSF A S�ATT U2 Q'F2&0�F Tek (I °S IDU 2 UJ DIS) $ 202,892.50 PART E-FLOW S(per SECTION 0129 01 liTAS T AND BASIS FOR PA ) Ek Install Flow Meter at One,(I)Lift^station(Excludes Meter Cost) EA I S 2,50000 S 2,50000 E2 Ultrasonic Flow Meter by Fuji Electric,or Approved Equal EA I S 5,70000 $ 5,700,00 E33 5'Diameter F/0 Manhole EA k $ 6,V0,00 S 6,200.00 __. __.._..__________________ E4 Manhole TrcaxoYu Safety F.A. LI ±s 3110,00 n300.00 F.5 Adjust oke Riad Cover ______ __EA 4,8110.00 $ I 00 SUBTOTAL PART E-FLOW "I (ITEMS EU THRU ES) $ Y6,.500,00. PART U^-ELECTRICAL(per SECTION 012901 MEASUREMENTAND BASIS FOR PA ) Fk AFT"Electric.Setvice,Allowance LS 9 $ 13,000.00 S 15,WO DO F2 Service Main EA 1 $ 3,6W,00 S 3,60000 F3 Purnp Control Panak EA 1 $ 2,50000 S 28500,00 F4 Junction fomes LS 1 $ 6850000 $ 48500,00 FS Scadir Panel e E.A, �mm1 $ 65,000,00 $ 65,WO 00. F6 Mini Power Zone EA.M. 1 $ 7,50000 S 7,50000 V T Transfer Switch __�_____ ___ _ FA Y $ 650000 $ 6,50000 F8 Scada Pole Foundation and Antenna EA. 1 $ 5,40000 S 58400.00 F9 Flood Light and Pole ________ EA I $ 4,50000 $ 4,500.00 FI0 UndeWound"CrendrI.G° 300 $ 6500 S 99,500.00 Fkl HMI GraphicsPa ranging LS I $ 8,W0 00 $ 8,000.00 F12 Conduit and Waraezg I.S t $ 18,00000 $ 18,W0.00 F13 Electrical Support Rack EA 1 $ 5,50000 $ 5,5woo F14 MiscellaneousElectrical I,S I $ 4,250.00 S 4,250.00 F1.5 Testing and Conuninionag LS 1 S 1 ,00 $ I, .00 FI6 O&Mmkluals LS I S 38 00 S 3„500,00 SUJ18TOTAILIPAIBT F-ELECTRJCAL(ITEM F1 TIM 7 F'16) $ 177,050.00 TOTAL EASE BID(P °U r A T'HRU]Fp $ 38939,739.50 ADDITWr ALTERNATE NO.I••FULL WrDTH PAVEMENT IVT ,CONSTI3.UICTION PART Al-GENERAL(per Slit LION 0129 01 MEASURENIENT AND BASIS FOR FAYMENTI At I Di Mobilirat6on LS 1 S 47,500,E S 97,500,00 Al 2 MIDI):BoWs and insurance � LS I $ 108 ,00 $ 10,000,00 17, SUBTOTAL PAURTAl-G (ITF Al:I UJAIc2) S ,00' 0Pd Form Page 3 06'.5 lagui sa Shores Road Force Matn IRepWcernve nt•P"ro)an U No.(10054 lkev 01-A.3.2W.6 00 30 01 Bl D FORM IItcnn Zy DidM7.NDEDAMOUNT P DDI- WFOR PP7( S ON 01 29 01 MFASUREMENTANDBASISFORPAY ) BI l ADD:Street Fxcovafion(II Beyond EO.P) Sy 5,445 5, I'M 39115.PM1 Bi 2 ADD:St bgmde Preparation p;k"BeymA E.O P.) SY 5,44.5 5 400 S 21,790,00 Bl 3 APDEk TX-5 Cleogrid O l'Boyand E.(:'l.P) SY 5,445 S 600 S 32,67000 BI 4 ADD:10"Type A.,Grade 1-2 Crushed,Limestone Base Per Tx. T Std.Spec Item No 247(1"Beyond E O.P) SY 5,445 S 2700 .S 147,01500 BI ADD:PruneCoat(020C1allons)SY) GAL 1,099 S 600 S. 65x400 BIADD:3"T 'D' fA.0 SY 4,908 2500 S 122,70000 BI 7 D:Reflective Povemem.Marlaqp TY l(Y)(4")(SLD)(100 mil) LF 648 S 1,00 S 64900 BI$ ADM Reflective PavementMarkings TY I(Y)(4")( 11)(l00 mil) LF 110 S 100 $ 110,00 BI 9 IID:Reflective Par om MBrkir s TY t (4")(5LD)(100 mil) LF 4,664 S 1.00 $ 4,66400 Iik 10 IID:Raised Reflective Pavement Markings(T -A-A)Yellow EA 19 S 1500 S 295.06 3 S 369,46200 11DIIAII. FD AL A91II1�QDo1QP TsAP OBt) S'; 396,962,00 3D1 Fl ALTERNATF NO.2-FLOWMETERS PART -GENERAL(per 3EC n0N 0129 01 S T AND BASIS FOR PAYMENT) A21 IID:Mohrlxa0.ian LS I Es' 11 ,00 5 aSoaQO A2 2 IID and no ce LS I 7,f50 00 $ 2'W0 00 SUBTOTAL PA A2-GENERAL(I SA2:1'II UJ :2) 5 5„500 DO PART iF2-FII,(DD1A "%(per SE(7'Ii,-)N 0129 01 MFASURERAENT AND BASIS FOR PAYMENT) E21 ADD:Install Flow rotor at Fear(4)Lift Stations(Excluades Meter Cost) F,A 4 S 250000 S.. 10,000 00 E22 ADM 1Tl catic Flour Meter by Fyli Electric,or Approved Equal EA 4 S 61000,00 S 24, .00 E2 3 ADM 6'Diameter FfCI Pelanturle EA 4 S 7500VO S 30,000,00 E2 4 ADD:Manhole ole Trench Safety EA 4 S 300,00 S 1,20000 SUBTOTAL PART E2-FL ONVAMTEAS a WrWS E2:1 TEMU 12i 4) S 65,200,00 TOTALADDIUVE ALTERNATE No.2(PARTS A2 AND E2) S 70,70000 Wd Form (page 4 of 5 l,agauroa Shores Road Force DAl n llepalacement-Project No 101.0054 Rev 01-13-2016 00 30 05.BID FOAM Item DESCRIPTIONEXTENDEDAMOUNT BID SUNEWARY BASE BUD SUBTOTAL PART A-G (ITIEMS Al THRU A7) S 339,875,00 SUBTOTAL PART B-NEW FORCE MAIN(ITEMS 151 THRU B39) $ 2,879,847 00 SUBTOTAL PART C-NEW GAThWAy LrFT STATION(ITEMS Cl THRU CS) 5 323,575,00 SUBTOTAL PART D-GRAVITY WASTEwATER r&MOVMvMNTS(ITEMS DI THRU 1,11 S) 5 202,892 50 SUBTOTAL PART E-FLOW S S EI THRU E5) s 16,500,00 SUBTOTAL PART F-ELECTRICAL(ITEMS FI THRU Fl 6) _ s 177,050 00 LTOETPROLE (2T A U S 3,939,739 .50 ADDITIVE ATF No,1 SUBTOTAL PART At-GI° (ITEMS Al 1 THRU Al:2) S 17,500 00 SUBTOTAL PART BI-NEW FORCE MAIN(ITEMS BI I THRU BI:10) S 369,462 00 TOTALADDrMT ALTERNATE No.l(PARTS At AND BI) S 386,962.00 ADDITIVE T ATF No.2 SUBTOTAL PART A2-G (ITEMS AM THRU A2 2y S 5,50000 SUBTOTAL PART E2-FLOW METERS(ITEMS E2:1 )E2 4;i T 70,70000 TOTALADDITIVE,ALTERNATENo.2(PARTS A2 AND in) S 76,200.00 TOTAL PROJECT BASF BID S 3,939,739.30 TOTAL PROJECT BASE BIO+ADD1TrVE ALTERNATE NO.I S 386,96240 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO,2 5 76,200.00 TOTAL PROJECT BASE BED ADDITIVE ALTERNATENO.I+ADDITIVE ALTERNATE NO.2 S 4.402,901:50 Coon et Times Bid agrees to reach Substantial Completion in 270 days Bi es to ch Fina[Completion in days Wd Forirr ixa8e S o15 Laguna Shores Road Fore Wn Replacement PrDleck.No &:1.01854 llev 0fl-13-201.6 GREAT AMERICAN INSURANCE COMPANY OF NEW Y RK 8 NEW YORK BOND NO. CS 2570101 KNOW ALL MEN BY THESE PRESENTS,that we,MAX Underground Construction, LLC PO Box 271106, Corpus Christi,TX 78427 as principal, and the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation existing under the laws of the State of New York, having its principal place of business at 301 E. Fourth Street, Cincinnati, Ohio,as surety,are held and finrily bound unto,City of Corpus Christi 1201 Leopard St,Corpus Christi®TX 78401 as obligee,in the penal sum of 5 Percent of the Greatest Amount Bid DOLLA RS($ 5%G.A. B. ), lawful money of the United States of America,for the payment of which,well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firinly by these presents. SIGNED, sealed,and dated this 25th day of July 20 18 WHEREAS,the said principal herewith submitting 1 proposal for Project E10054: Laguna Shores Road Force Main Replacement NOW, THEREFORE, the condition of this obligation is such that if the said principal shall be awarded the said contract,and shall within(60 )days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the dif- ference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. .......... Principal GREATA CAN INSURANCE COMPANY OF NEW YORK By ............. F.9738B(3/11) Monette Davis Attorney-in-Fact GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative ice:301 E 4TH STREET - CINCINNATI,OHIO 45202 - 513-369-50001 - - The number of persons authorized by this power of attorney is not more than THREE No.0 14956 ATTORNEYPOWER OF KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICANINSURANCE COMPANY OF NEW YORK,a corporation organized nexisting under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named belowits true and lawful attorney-in-fact,for it and in its name,place and steadto execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts f suretyship,or other written obligations in the nature thereof;provided that the liability f the said Company on any such bond,undertaking r contract of suretyship executed under this authority shall not exceed the limit stated below. Name dress Limit of Power LARRY D.GROVE ALL OF ALL MONETTE DAVIS CORPUS CHRISTIE, $100,000,000.00 JASON GROVE TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above. IN WITNESSWHEREOF,the GREATAMERICAN INSURANCE COMPANYOFhas caused these presentsto be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of OCTOBER , 2016 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK 111111 +D I, VVu� uuuuuuVl a Iw II lu u tu mm �Iuuuum V uuu II) m utstant Secretary Divisianar Senior ice President DAVID C.KITCHIN(877.377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 17TH day of OCTOBER 2016 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed theabove instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto like authority. This Power of Attorney is granted by authority f the following solutions adopted by the Board of Directors of Great American Insurance Company of New Yorkunanimous written consent dated May 1 ,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more oeys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,•to prescribe their respective duties and the respective limits of their authority®and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 1 ,2009 have not been revoked and are now in full force and effect. Signed sealed this x0rday of �tl cauronerr c ,uuuuVluluu puu l I IS t Imp u jjjjj Assistant Secretary S1 1851-(06A 5) 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 25,2018, is between the City of Corpus Christi (Owner) and MAX Underground Construction LLC (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: Laguna Shores Road Force Main Replacement Project No. E10054 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. 820 Buffalo St. Corpus Christi,TX 78401-2216 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 Road#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 270 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 300 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 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Agreement 005223- 1 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 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$1,200 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$1,200 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 plus Add Add #1 and#2 $ 4,425,112.50 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 005223-2 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 005223-3 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 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. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 005223-4 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 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 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Dgitally signed by Rebecca Muerte Digitally signed by Jeff Edmonds Rebecca H u e rta DN_--Huerta.=City of Corpus Christi DN cn=Jeff Edmonds,o,—Engineering, u=City Secretaryema , il=rebeccah@cctexes.b—SUS email=jeffreye@octexas.00m,c US Date.2018.10.15 09.41 24-0500' Date:2018.10.05 14:21:16-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Ord. 031561 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 9/25/18 R H/M L Digitally signed by RH/ML DN:cn=RH/ML,o=City Secretary,—City Secretary, e mail=moniquel@cctexas.com,c=US 1 Digitally signed by Kent Mcllyar Date:2018.10.11 08:28:42-05'00' DN on-Kent Mcllyar,o ou emal kentmc@octexascom c US Date:2018.10.05 13:44:45-05'00' Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Digitally signed by Felipe Salinas Felipe SalinaS Date:2018.10.0211:26:27-05'00' MAX Underground Construction LLC Maximiliano a��C1aS Digitally signed by Maximiliano Salinas (Seal Below) By: s Date:2018.10.0211:24:57-05'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief P.O. Box 271106/3801 Saturn, #103 Financial Officer Address Corpus Christi,Texas 78427/78413 City State Zip Q Q 361/334-2832 361 334-2881 Phone Fax MAX Constructionl0@yahoo.com EMail END OF SECTION Agreement 005223-6 Laguna Shores Road Force Main Replacement—Project No. E10054 Rev06-22-2016 00 6113 PERFORMANCE BOND BOND NO. CS 2721156 Contractor as Principal Name: MAX Underground Construction LLC Mailing address (principal place of business): P.O. Box 271106 Corpus Christi, TX 78427 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: Project No. E10054 Laguna Shores Road Force Main Replacement Award Date of the Contract: September 25, 2018 Contract Price: 54,425,112.50 Bond Date of Bond: 10/03/2018 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Great American Insurance Co. of New York Mailing address (principal place of business): PO Box 2575 Cincinnati, OH 45201-2575 Physical address (principal place of business): 580 Walnut Street Cincinnati, OH 45202 Surety is a corporation organized and existing under the laws of the state of: _New York 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): 513-369-5000 Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Monette Davis Address: 4646 Corona Drive, #270 Corpus Christi, TX 78411 Telephone: 361-851-0577 Email Address: mdavis@grovedavisins.com 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 E10054 Laguna Shores Rd Force Main Replacement 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature'/!i' P. 41 Surety Signature: et,i)A_ Name: Maximiliano Salinas Name: Monette Davis Title: President Title: Attorney-in-fact Email Address:max_constructionlQC@ahoo.rom Email Address: mdavis@grovedavisins.com (Attach Power of Attorney and place surety seal below) :4J/ V im/ •. 'j �'�.�•• ;; t.:. ` //-ri1 1110 k 11r1 END OF SECTION Performance Bond E10054 Laguna Shores Rd Force Main Replacement 006113-2 7-8-2014 • • • ••• ••• ••• •••••••••••.... •••••••••••••• ••••••• • ••• ••••.• • • .• ; • : :1'; ••• ••••:. :••-• '11•;:::-.:•; • ••'*•••••••--.-"7.: T:J•• •-.ft • VVD!..'•:• i•f; • h -rI7N)! iC,2^! • .L; ••• - '1-;..'!'1.4.!.Y.1..::14.••• .• i . • . • • • • '1._ .4. ....• •... 1;1 • •._.• ..• ••• • - •-•• - ;-.;;.-;;---•:i • GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 14956 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power LARRY D. GROVE MONETTE DAVIS JASON GROVE ALL OF ALL CORPUS CHRISTIE, $100,000,000.00 TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of OCTOBER , 2016 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK (_. z DAVID C. KITCHIN (877-377-2405) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 17TH day of OCTOBER 2016 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Assistant Secretary. Divisional Senior Vice President Susan A. Kohort Notary Pubic, Stall of Ohio My Cooriasbn ErFires 0548.2020 cii4day This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed thisS rd day of 0 ( be_f- a-0 ) 8 Assistant Secretary S1185L(06/15) 00 6116 PAYMENT BOND BOND NO. CS 2721156 Contractor as Principal Name: MAX Underground Construction LLC Mailing address (principal place of business): P.O. Box 271106 Corpus Christi, TX 78427 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: Project No. E10054 Laguna Shores Road Force Main Replacement Award Date of the Contract: September 25, 2018 Contract Price: $4,425,112.50 Bond Date of Bond: 10/03/2018 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Great American Insurance Co. of New York Mailing address (principal place of business): PO Box 2575 Cincinnati, OH 45201-2575 Physical address (principal place of business): 580 Walnut Street Cincinnati, OH 45202 Surety is a corporation organized and existing under the laws of the state of: _New York 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): 513-369-5000 Telephone (for notice of claim): 513-369-5000 Local Agent for Surety Name: Monette Davis Address: 4646 Corona Drive, #270 Corpus Christi, TX 78411 Telephone: 361-851-0577 Email Address: mdavis@grovedavisins.com 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 E10054 Laguna Shores Rd Force Main Replacement 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature:ffauto ta--- Surety Signature: L6ea . Name: Maximiliano Salinas Name: Monette Davis Title: President Title: Attorney-in-fact Email Address: max_constructionl0@yahoo.com Email Address: mdavis@grovedavisins.com • • (Attach Power of Attorney and place surety seal below) 00111110,11 =.. c:: o //�/) ��J�i,tiiJtilt�0`,*; END OF SECTION Payment Bond Form E10054 Laguna Shores Rd Force Main Replacement 006116-2 7-8-2014 ?•iito 7 •• ; -,y : : •••••‘_i .-. ‘0:•: • ;.:11•1•• ?.1:111i • . T . , • •-•• ; .11 •••;A ti1 ....... ....... ';:. • • .‘. ; • . •.:!:-!:2 • .= ""'"` • • e•••• . , • - •••••,/ .." GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 14956 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power LARRY D. GROVE MONETTE DAVIS JASON GROVE ALL OF ALL CORPUS CHRISTIE, $100,000,000.00 TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of OCTOBER 2016 • Attest' GREAT AMERICAN INSURANCE COMPANY OF NEW YORK e. (0414a e • Assistant Secretary Divisional Senior Vice President DAVID C. KITCHIN (877-377-2405) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 17TH day of OCTOBER , 2016 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Susan A. Kohorst Nowt Pubic, Smli ofOhb My Ccorres bn Expires 0548-2020 a, a'71 .4debe This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this3Y d day of Q C ,.� v b Cr' , a-0 ) 8 rr"2- SEAL ': (_. ....�.JJJ�� S1185L (06/15) Assistant Secretary 10/08/2018 Grove & Davis Insurance Agency 4646 Corona #270 Corpus Christi TX 78411 Monette Davis (361) 851-0577 (361) 356-4203 mdavis@grovedavisins.com MAX Underground Construction, LLC PO Box 271106 Corpus Christi TX 78427 Everest Denali Insurance Co. Progressive Companies Navigators Insurance Company Texas Mutual Insurance Company 22945 Westchester Surplus Lines CL1810810813 A CF4GL01169181 10/11/2018 10/11/2019 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 B 02705882-3 10/11/2018 10/11/2019 1,000,000 C HO18EXC942222IV 10/11/2018 10/11/2019 5,000,000 5,000,000 D 0001295266 10/11/2018 10/11/2019 1,000,000 1,000,000 1,000,000 E Contractors Pollution G28172837003 10/11/2018 10/11/2019 $1,000,000. Each Pollution Condition $2,000,000.Aggregate General Liability contains blanket additional insured including primary & non-contributory, and waiver of subrogation, when required by written contract. City of Corpus Christi is additional insured on Automobile policy. Workers Compensation contains blanket waiver of subrogation when required by written contract. Project No. E10054 Laguna Shores Road Force Main Replacement City of Corpus Christi 1201 Leopard St. Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY CF4GL01169181Max Underground Construction, LLC Blanket where required by written contract. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CF4GL01169181 Blanket where required by written contract. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. 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. COMMERCIAL GENERAL LIABILITY ECG 04 767 02 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 04 767 02 16 Copyright, Everest Reinsurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Page 1 of 2 GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the Limits of Insurance and additional coverage provided by this endorse- ment. For complete details on specific coverage, please refer to policy language in this endorsement and the underlying Commercial General Liability Coverage Form. Coverage Applicable Enhancement Non-Owned Watercraft Less Than 50 Feet Supplementary Payments – Bail Bonds $1,000 Supplementary Payments – Loss Of Earnings $500 per day Newly Acquired Organizations – Extended Coverage 180 days Subsidiaries As Insureds Included Fire Damage To Premises Rented To You $500,000 Notice To Company – Duties In The Event Of Occur- rence, Claim Or Suit Broadened Waiver Of Subrogation Broadened Unintentional Failure To Disclose Hazards Broadened A. Non-Owned Watercraft Paragraph g.(2) under Paragraph 2. Exclusions of Section I – Coverage A Bodily Injury And Property Damage Liability is replaced by the fol- lowing: (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; B. Supplementary Payments – Increased Limits Paragraphs 1.b. and 1.d. under Supplementary Payments – Coverages A And B of Section I – Coverages are replaced by the following: b. Up to $1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $500 a day because of time off from work. C. Newly Acquired Organizations – Extended Coverage Paragraph 3.a. under Section II – Who Is An In- sured is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; D. Subsidiaries As Insureds The following is added to Section II – Who Is An Insured: 4. Any subsidiary company in which you own a financial interest of more than 50% as of the ef- fective date of this endorsement is included as a Named Insured. However, such organization is not a Named Insured: a. If it is a partnership, joint venture or limited liability company; b. If there is other similar insurance available to it; c. If there is other similar insurance that would be available to it, but for the termination of the insurance or the exhaustion of its limits of insurance; or Page 2 of 2 Copyright, Everest Reinsurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc. used with its permission ECG 04 767 02 16 d. After you cease to own a financial interest of more than 50%. E. Fire Damage To Premises Rented To You – Increased Limits Paragraph 6. under Section III – Limits of Insur- ance is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages be- cause of “property damage” to any one prem- ises while rented to you or temporarily occu- pied by you with permission of the owner is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. F.Notice To Company The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV – Commercial General Li- ability Conditions: e. Your failure to first notify us of a claim will not invalidate coverage under this policy if the loss was inadvertently reported to another insurer. However, you must report any such “occur- rence” to us within a reasonable time once you become aware of such error. G. Unintentional Failure To Disclose Hazards Condition 6. Representations under Section IV – Commercial General Liability Conditions is re- placed by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. Any unintentional error or omission in the de- scription of, or failure to completely describe, any premises or operations you intend to be covered by this Coverage Part, will not invali- date or affect coverage for those premises or operations. However, you must report any such error or omission to us as soon as reasonably possible after its discovery. H. Waiver Of Subrogation The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the “occurrence”. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Agent copy 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 10/11/18 at 12:01 a.m. standard time, forms a part of: Policy no. 0001295266 of Texas Mutual Insurance Company effective on 10/11/18 Issued to:MAX UNDERGROUND CONSTRUCTION LLC This is not a bill NCCI Carrier Code:29939 Authorized representative 10/8/18 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( )Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations:All Texas 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 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 06 01 Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/11/18 at 12:01 a.m. standard time, forms a part of: Policy no. 0001295266 of Texas Mutual Insurance Company effective on 10/11/18 Issued to:MAX UNDERGROUND CONSTRUCTION LLC This is not a bill NCCI Carrier Code:29939 Authorized representative 10/8/18 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 06 01 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice:30 2. Notice will be mailed to:CITY OF CORPUS CHRISTI 1201 LEOPARD ST CORPUS CHRISTI, TX 78469 US