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HomeMy WebLinkAboutC2017-523 - 11/27/2017 - NA 201'7-523 11/27/17 PM Construction & Rehab LLC 00 52 23 AGREEMENT This Agreement is the Second Renewal of the City-Wide Collection System Pipebursting ID/IQ—Project No. E15089,awarded on January 12, 2016 by the City Council of the City of Corpus Christi,Texas ("Owner")to PM Construction &Rehab,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: City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2(E15089) Project No. E17096 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV,Inc. 801 Navigation,Suite 300 Corpus Christi,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, PE—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,Bldg.85 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. This is the Second One-Year Renewal, Project No. E17096,of the Original Contract No. E15089 for City-Wide Collection System Pipebursting ID/IQ. The Second Renewal Contract extension will not exceed the amount of$3,750,000.00 for one year.This Project will be executed by multiple indefinite quantity Delivery Orders. The initial contract duration shall be 12 months and will be subject to renewal for up to four(4) additional 12-month periods. Each delivery order will be issued with an allowable working time (calendar days)and will be based on the durations identified in the Working Time Table provided in SECTION 01 35 00 SPECIAL PROCEDURES. The Work is required to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed . Agreement 00 52 23- 1 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No. 2(E15089) REV03-23-2015 City Project No.E17096 'NDEXD CONTRACT DOCUMENTS FOR CONSTRUCTION OF CITY-WIDE COLLECTION SYSTEM PIPEBURSTING ID/IQ E15089 OF 7% ki EMENOMW ONES= .......... RNMEBW mosm '0 MERM re EMW mlq� .............. 9 9 3 8 3 Corpus Chrl At LNV, Inc. 801 Navigation, Suite 300 / Corpus Christi, TX 361-883-1984 August 28, 2015 Record Drawing Number SAN 565 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev06/12/2015) 00 30 00 Bid Acknowledgment Form (Rev 06/12/2015) 00 30 01 Bid Form (Rev 03/23/2015) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 0052 23 Agreement(Rev 03/23/2015) 0061 13 Performance Bond (Rev7/3/2014) 0061 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions (Rev 3/23/2015) 00 72 01 Insurance Requirements (Rev 7/3/2014) 00 72 02 Wage Rate Requirements(Rev 06/12/2015) 00 72 03 Minority/ MBE/ DBE Participation Policy 00 73 00 Supplementary Conditions 88 4-09 Speeial r-,,Rditie.s;fe.r n . Division 01 General Requirements 01 11 00 Summary of Work 01 23 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03/11/2015) 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 0131 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 Table of Contents 000100- 1 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 Division/ Title Section 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation vr✓-r-o= 01 34 02 -= ...,Dn...,,rina., !'r�r+iFina+ii... /n DDn1 01 34 vr✓-r-o3. 01 2n 04 DAmnriGa.� ('n r+iFirca+inn /T\A/nD1 vr✓r- r ..., 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021020 Site Clearing and Stripping 022020 Excavation and Backfill for Utilities and Sewers 022100 Select Material 022420 Silt Fence 025404 Asphalts, Oils, and Emulsions 026202 Hydrostatic Testing of Pressure System 026210 Polyvinyl Chloride Pipe 026214 Grouting Abandoned Utility Lines 027203 Vacuum Testing of Wastewater Manholes and Structures 027604 Disposal of Waste from Sanitary Sewer Cleaning Operations 028300 Fence Relocation 032020 Reinforcing Steel 037040 Epoxy Compounds 038000 Concrete Structures 055420 Frames, Grates, Rings, and Covers Part T Technical Specifications 000500-T Mobilization/Demobilization 020800-T Well Pointing, Dewatering and Disposal Table of Contents 000100-2 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 Division/ Title Section 021040-T Site Grading 021080-T Removing Old Structures 022030-T Trench Safety 025205-T Pavement Repair, Curb, Gutter, Sidewalk& Driveway Replacement 025215-T Cement Stabilized Limestone Base 025220-T Flexible Base—Limestone 025412-T Prime Coat 025424-T Hot Mix Asphaltic Concrete Pavement 025610-T Concrete Curb and Gutter 025612-T Concrete Sidewalks and Driveways 025614-T Concrete Curb Ramps 025802-T Temporary Traffic Controls Used During Construction 027200-T Control of Wastewater Flows 027205-T Fiberglass Manholes for Wastewater 027208-T Rehabilitation of Wastewater Manholes using Polymer Systems 027602-T Gravity Wastewater Lines 027606-T Service Lateral Replacement 027611-T Cleaning and Televised Inspection of Wastewater Lines 027618-T Wastewater Line Rehabilitation/ Pipebursting 027620-T Point Repairs and Obstruction Removals 028020-T Seeding 020840-T Sodding 028200-T Mail Box Relocation 028250-T Wood Fences and Gates 028310-T Chain Link Fences and Gates 030020-T Portland Cement Concrete Appendix Title Attachment A Sample Site Location Maps END OF SECTION Table of Contents 000100-3 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 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: CITY-WIDE COLLECTION SYSTEM PIPEBURSTING ID/IC! PROJECT NO. E15089 This project consists of Wastewater Collection System rehabilitation improvements in the City of Corpus Christi. The scope of work includes, but is not limited to: rehabilitation and/or replacement of gravity collection lines by pipe bursting lines 6"to 24" in diameter, control of wastewater flows, cleaning and televised inspection of conduits, and temporary traffic controls. All work will be executed with multiple indefinite quantity delivery orders, as required, in accordance with the plans, specifications, and contract documents. The initial contract will be for a one (1)year(12-calendar months) base contract with four(4) optional (1) year (12-calendar months) extensions_ 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $3,750,000. The Project is to be completed and ready for operation within 365 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid and Instructions to Bidders 002113- 1 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on September 23,2015 at 2:00 Pm at the following location: City Hall Building—Capital Programs Conference Room 1 or 2 3rd floor, Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 4—COPIES OF CONTRACT DOCUMENTS 4.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 4.02 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. 4.03 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 5—EXAMINATION OF CONTRACT DOCUMENTS 5.01 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. 5.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the Invitation to Bid and Instructions to Bidders 002113-2 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 6—INTERPRETATIONS AND ALTERNATE BIDS 6.01 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. 6.02 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. 6.03 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 7—BID SECURITY 7.01 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 $187,500. 7.02 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 7 below. 7.03 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 contract amount($187,500) if,within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. Invitation to Bid and Instructions to Bidders 002113-3 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 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. 7.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 7.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 7.06 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. 7.07 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 8—PREPARATION OF BID 8.01 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. 8.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 8.03 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. 8.04 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. 8.05 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 9—DELIVERY OF BIDS 9.01 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. 9.02 Bids must be received no later than October 7,2015 at 2:00 pm to be accepted. The Bids will be publicly opened and read aloud at this time in the City Council Chambers or Staff Room, 1St floor of the City Hall Building. Bids received after this time will not be accepted. 9.03 Electronic Bids may be submitted to the CivCastUSA website at www.CivCastUSA.com. Invitation to Bid and Instructions to Bidders 002113-4 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 9.04 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—City-Wide Collection System Pipebursting ID/IQ (Project No. E15089) All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the 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. Invitation to Bid and Instructions to Bidders 002113-5 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 ARTICLE 12—OPENING OF BIDS 12.01 Bids will be publicly opened and read aloud at October 7,2015 at 2:00 pm, at the following location: City Hall Building - City of Corpus Christi First Floor City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 12.02 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 13—BIDS REMAIN SUBJECT TO ACCEPTANCE 13.01 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 14—STATEMENT OF EXPERIENCE 14.01 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 15—EVALUATION OF BIDS 15.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner, whether the Bidder has met the minimum specific project experience requirements. 15.02 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. 15.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 16—AWARD OF CONTRACT 16.01 The Bidder selected for award of the Contract will be either the lowest responsible Bidder or the Bidder who provides the best value for Owner 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 Invitation to Bid and Instructions to Bidders 002113-6 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 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. 16.02 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 17—MINORITY/ MBE/DBE PARTICIPATION POLICY 17.01 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. 17.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 17.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 18—BONDS AND INSURANCE 18.01 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. 18.02 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 19—SIGNING OF AGREEMENT 19.01 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 (4) of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 20—SALES AND USE TAXES 20.01 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. Invitation to Bid and Instructions to Bidders 002113-7 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 20.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 21—WAGE RATES 21.01 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 22—BIDDER'S CERTIFICATION OF NO LOBBYING 22.01 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 23—REJECTION OF BID 23.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 23.02 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. 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 Invitation to Bid and Instructions to Bidders 002113-8 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 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 $1,000,000 Per Occurrence 2. Premises -Operations $2,000,000 Aggregate 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 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 Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk (All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. Insurance Requirements 00 72 01- 1 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 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 policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the 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 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and Insurance Requirements 00 72 01-3 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 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. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that Insurance Requirements 00 72 01-5 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other 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. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements 00 72 01-7 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 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. Insurance Requirements 00 72 01-8 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 2. Duration of the Project- includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 City-Wide Collection System Pipebursting ID/IQ REV 07-03-2014 City Project No. E15089 009101 ADDENDUM NUMBER 01 Project: CW Collection System Pipebursting IDIQ Project Number: E15089 Owner: City of Corpus Christi city Engineer: Jeff Edmonds, P.E. Designer: LNV Engineering Inc. Addendum No. 01 Specification Section: 00 9101 Issue Date: October 1, 2015 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, mo 'fications or deletions to the Contract Documents described in this Addendum. e b me Dot Addendum Items: DELIVERY OF BIDS DELAYED BY ONE WEEK NEW BID DATE: OCTOBER 14.2015.2:00 p.m. ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 2113 INVITATION TO BID and INSTRUCTIONS TO BIDDERS—Articles 9 and 12; SECTION 00 30 00 BID ACKNOWLEDGMENT FORM—Article 1: 1. The date for receipt of Bids has been changed to Wednesday.October 14,2015. The time and location for the receipt of Bids remains unchanged. END OF ADDENDUM NO. 01 Addendum No. 01 009101-1 Corpus Christi Standards-Regular Projects REV 03-09-2015 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1-.,BID RECIPIENT 1.01 In accordance with the Drawings,,Specifications,and Contract Documents,this Bid Proposal is submitted by PM Construction&Rehab,LLC (type or print name of company) on: October 7,2015 at 2:00 pm for Project E15089 City-Wide Collection System Pipebursting ID/IQ]. 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 Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-CITY-WIDE COLLECTION SYSTEM PIPEBURSTING ID/IQ Project No. E15089 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package, the project name and number and that bid documents are enclosed.. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 101 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. iBidder 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 AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids, 2,03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda- Addendum No. Addendum Date Signature Acknowledging Receipt 79 1 October 1 2015 Bid Acknowledgement Form 003000-1 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No. E15089 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 understands the inherent diversity of the potential sites associated with this project and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Bid Acknowledgement Form 003000-2 City-Wide Collection System Pipebursting ID/IQ REV 06.12-2015 City Project No.E15089 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are shown for bid evaluation purposes only,are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for Bid Acknowledgement Form 003000-3 City-Wide Collection System Pipebursting ID/IQ REV 06.12.2015 City Project No.E15089 any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 The Project is to be completed and ready for operation within 365 Calendar days. 6.02 Bidder agrees that the Work for each site will be completed according to the working time table found in section 0135 00. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. Bid Form. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 003000-4 City-Wide Collection System Pipebursting ID/IQ REV 06.12-2015 City Project No.E15089 10,03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder, 10,04 Bidders,that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an"alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas, Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11–BID SUBMITTAL 11.01 This Bid is submitted by: Bidder- PM Construction&Rehab,LLC (typed or printed full legal name of Bidder) By: ................... dvl�/V /U, (individual's signature) Name: Bac Ong (typed or printed)' Title: —General Manager (typed or printed) Attest- (individual's signature) State of Residency; Texas Federal Tax id. No. 62-1645414 Address for giving notices: 131 N,Richey Pasadena,TX 77506 Phone: 832-252-4800 Email: bong@tearnipr,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.) Bid Acknowledgement Form 003000-5 City-Wide Collection System Pipebursting ID/IQ REV06-12-2015 City Project No. EI5089 END OF SECTION Bid Acknowledgement Form 003000-6 City-Wide Collection System Pipebursting ID/IQ REV 06-12-2015 City Project No.E15089 00 30 01 BID FORM 00 30 01 BID FORM Project Name: CITY-WIDE COLLECTION SYSTEM PIPEBURSTING ID/IQ Project Number: E15089 Owner: City of Corpus Christi Bidder: J! "'N"," 9"'11 1 LA9 ME OAR: Desianer: LNV, Inc. Ba id, Base Bid Mobilization/Borids/Insurance per lump-sure WWI ,....,(Refer to T-000500 for mobHizatiolrl payment) LS 1 �Rehab 58"Wastewater Line(Pipe Bursting)(O'-6' WW2 LF 20000 Depth),complete in place per linear foot WW3 'Rehab 58"Wastewater Line(Pipe Bursting)(6'- LF 20000 10'Depth),cornpPete in place per linear foot WW4 Rehab<8"Wastewater Line(Pipe Blursting)(10'- LF 20000 14'Depth),complete in place per linear foot W`W5 Rehab 58"Wastewater Line(Pipe Burstilng)(14'- LF 1500 1$ Depth),cornplete in place per linear foot ����/1,� Rehab 58"Wastewater Line(Pipe Bursting)(>18' WWb Depth),complete in place per linear foot LF 1500 WW7 Rehab 10"Wastewater Line(Pipe Bursting)(O'-6' LF 10000 Depth),comptete in place per linear foot i WW8 Rehab 10"Wastewater Line(Pipe Bursting)(6'- 10'Depth),complete in place per linear foot I LF 1 '10000 ��r/r/r Wr WWF - Rehab 10 Wastewater Line(Pipe Bur5ting)(10' 14'Depth),complete in p8ace per linear foot LF 10000 Rehab 10"Wastewater Line(Pipe Burs,ting)(14'- WW10 LF 1500 IN Depth),complete in place per linear foot W'WI1 Rehab 10"Wastewater Line(Pipe Bursting)(>18' LF 1500 Depth),complete in place per linear foot Bid Form City-Wide Collection System Pipebursting JD/IQ- E15089 Page 1 of 11 ,REV 10-14•2014 00 30 01 Bil)FORM i f WW12 Rehab 12""Wastewater Line(Pipe Burs,ting)(Q'-6" Depth), 25t�0,complete in piece per linear font WW13 Rehab 12"Wastewater Line(Pipe Bursting)(6° 1 10'Depth),cam complete in lace per Hnear foot LF 191(10 p P P WW14 Rehab 12"Wastewater Line(Npe Bursting)(1.0' 14'Depth),complete in place per linear foot LF 1J00 / r WW15 ,....Kabala 12""Wastewater Lane(Pape Bursting)(14m LF 1a0© �,��� i 18"Depth),complete in plate per linear foot WW16 Rehab 12"Wastewater Line(Pipe Bursting) LF 2 (>18'Depth),complete in place per each 1000 flr� l � l WWI/ Rehab 1.5"'Wastewater Line(Pipe Bursting)(0'-6 Depth),complete in place per linear farm LF 1000 P p p LF 1000 (i WW18 Rehab 15"Wastewater Line(Pipe Bursting)(6 - 10'Depth),complete in ince per linear feat Rehab 15"'Wastewater Line(Pipe Bursting)(10'- i 1 WW1's LF 1000 �, , " 14"Dept 'th),complete in place per linear foo 1. Rehab 15"Wastewater Line(Pipe Bursting) (14 18'Depth),complete in place per linear foot LF 10t1 , 1 , Rehab 15°Wastewater Line(Pipe Bursting)(>18' WW21 LF 500 Depth), complete in place per linear foot WW22 Rehab 18"`Wastewater Line(Pipe Bursting)(©' 6" LF 500 , Depth),complete in place per linear foot WW23 Rehab 18"Wastewater Lune(Pipe Bursting)(6" LF 50Q 10' Depth),complete in place per linear foot WW24 Kebab 18 Wastewater Line(Pipe Bursting)(10` - 14 Depth),complete in place per linear foot LF Soo WW25 Rehab 18"Wastewater Line(Pipe Bursting)(14' 1.8" Depth),complete in placeLF 509)per linear foot 'Kebab 18"Wastewater Line(Pipe Bursting)(»1.8' P P p LF 500 Depth),com fete in lace per Pincer foot Rehab 24"Wastewater Line(Pipe Burstin 9J'...6 %%% WW27 ( P g)( ifs' Depth),complete lin place per linear foot LF 5110 /j Bid Form City-Wide CoNection System Pipebursting ID/1Q-E15089 Page 2 of 11 REV 10.14.20...14 00 3001 BIS} FORM r rr r1 + Rehab 24""Wastewater Line(pipe Bursting)(6"- 28 16'Depth),complete irw place per linear foot LF 500 Rehab 24"Wastewater Line(pipe Bursting)(10'- 14 Depth),complete in place per linear foot LF 5aa WWW30 Rehab 24"Wastewater Line(pipe Burst'iing)(1.4"- LF 500 18"Depth),complete in p9ace per linear foot WWWU31 Rehab 24"Wastewater Line(pipe Bursting)(>18' �1 LF 500 Depth),"complete In place per lineae foot i r Service Re connection for ft"pipe Bursting, r I complete in lace per each EA 15aa N' Service Re-connection for 10"pipe Bursting, 'wWW33 EA 500 complete in lace per each WW34 .Service Re-connection for 12"pipe Bursting, EA 250 complete in piace eer each Service Re-connection for 15""pipe Bursting, � '��35 EA 50 complete in place per each "WW36 Service Re-connection for 18"pipe Bursting, FA 50 complete in lace r'f each I WWWW37 Service Re-connection for 24" pipe Bursting, EA 5D com fete in place per each Point Repair B"Wastewater Line WW38 (a"-B"Depth)(15 LF Min),complete in place per LF 100 linear foot Point Repair_<B"Wastewater Line �J WW39 (6„- 10' Depth)(15 LF Min), complete in place per LF 100 linear foot fl; �lifl t Point Repair Wastewater Line WVWlfDepth) ' 4B ('.1a 1.4 De th '.15 LF Min ,eomp lute place LF 10ain E?r linear f£7CDt Point Repair<B Wastewater Line W41 (14'-1Depth) (15 LF Min)"complete in place LF Iaa er linear 'i foot Point Repair<g„Wastewater Line W''W42 �r� h)(15 LF Min),complete in place per LF 100 linearLw ne W�"WW43 a'p 6" Depth)nt u1( 5 LF Min),ter p Cete in l 9 91 )” p pace per LF laa lin ear foot p Point Repair 10"Wastewater Line ! /%%iair r rii rr (6'-la"Depth) 15 Ll"Min),complete in place p )( ) p p per LF 1a0 linear foot Repair 10" WWastewater Line Point R '�N'4MJ45 (10'-14' Depth)(15 LF Min), complete in place LF laa //// ,per linear foot �/,, i//rii,j�%/,,/fi/i///%/ Bid Form City-Wide Collection System pipebursting ID/IQ- E15089 Page 3 of 11 IR[w M14-2034 fid 30 01 BID FORM %/, /, r ,ii„ / ,,rrr .iii /ii////, ri..., r r:.// /rii /i ,,.: r ,.✓ni d r i, i / ! / ,. / / r / Point Repair 10"Wastewater Line / WW45 (14'-18"Depth)(15 LF Min),complete in place LF 1001 �r r, ,I ,'a per linear foot Point Repair 10"Wastewater Line WW47 (>18"Depth)(1.5 LF Min),complete in place per LF 100 linear foot Point Repair 12"Wastewater Line W'W4$ (0'-6' Depth)(15 LF Min),complete In place per LF 50 linear foot �� , r Point Repair 12"Wastewater Line ��� J WWW49 (R`-10' Depth)(15 LF Min),complete in place per LF 50 i linear fagot Point Repair 1.2"Wastewater Line WW50 (10'-'.1.4" Depth)(15 LF Min),complete in place LF 50 ; r per linear foot Point Repair 12"Wastewater Line � WW51 (14"-18'Depth)(15 LF Min),complete in place LF 50 per linear fagot f� Point Repair 12"Wastewater Line WW52 (>18'Depth)(1.5 LF Min),complete in place per LF 50 linear foot i lel, Point Repair 15"Wastewater Line rr WW53 (0"-0"Depth)(:15 LF Min),complete in place per LF 1.5 linear foot 1 b i Point Repair 15"Wastewater Line WW54 (5' 1.0'Depth)(15 LF Min), complete in place per LF 15 linear foot l Point Repair 15"Wastewater Line Pi01 n WW55 14'Depth)(15 LF Min),complete in place LF 15 J per linear foot Point Repair WW56 (7418'Depth) Wastewater )(15LF Min),complete in place LF 1S 1 er linear foot Paint Repair 1.5 Wastewater Line WW57 (>18" Depth)(1.5 LF Min),complete in place per LF 15 linear foot WWS8 .....Point.Repair 18"Wastewater Line(0'-8 Depth)(15 LF MilLF Min),compete in place per linear foot 15 Point Repair 18 Wastewater Line WW59 (6'-10' Depth)(15 LF Min),complete in placeer LF 15 p linear foot Point Repair 18"Wastewater Line W W 610complete (10' 14' Depth)(15 LF Min), irroplace) LF per linear Fant Paint Repair 18"Wastewater Line ( 8"Depth) 15 LF Min),complete in place LF 15 er linear foot Bid Form City-Wide Collection System Pipelaursting iD/IC),- E15089 Page 4 of 11 REV 10-14-2014 00 39 01 BID FORM MEMO", r, Point Repair 18"Wastewater Cine WW62 (>18'Depth)(15 LF Min),complete in place per CIF 15 linear foot Point Repair 2.4"Wastewaters Line WW63 (0 6' Depth)(15 LF Min l, complete in place per LF 1.5 linear foot �Point Repair 24"Wastewater Line WW64 (6'- 1.0' Depth)(15 LF Min),complete in place per LF 15 Linear foot Point Repair24"Wastewater Line WW'65 (10'-1.4'Depth)(15 LF Min),comp➢ete in place LF 1.5 per linear foot Point Repair 24"Wastewater Line � WW66 (14"- 18"Depth)(15 LF Min), complete in place LF is per linear foot Point Repair 24"Wastewater Line WW67 (>18`Depth)(15 LF Min),complete in place per LF 15 linear foot !Excavation Safety for Wastewater Line Point .....'Repair ' W'W68 LF 1500 L (rill'Line Sizes& Depths),complete in place per � linear foot WW69 Obstruction Removal by Remote Device, EA 5 f com lete lin elace Rer each WW70 Obstruction Removal by Excavation(0"-6' EA 20 De2thj,complete in place per each Obstruction Removal by Excavation(6'-10" WW71 L 20 l Depth),complete in lace er each yYlW22 (Obstruction Removal by Excavation(10'-14' FA 20V�y vmopffi'� 11 Depth),complete in place per each WW73 Obstruction Removal by Excavation(14'-18" EA 20 ��'������ De th com lete in dace per each WW74 Obstruction Removal by Excavation(>18'Depth), EA 20 �/ complete in lace per each 1e� o I-/ / ` / / Service Lateral Replacement(0'-6"Depth Main WW75 Includes Olean Out, Boot,coupling,etc.)(10 LF LF 200 Min),complete in place per linear foot Service Lateral Replacement(6'-10'Depth Main" WW76 Includes Ocean Out, Boot,coupling,etc)(10 LF LF 200 Min),complete in place per linear foot Service Lateral Replacement 10"-146'Depth WW77 Main,lncfudes Olean Out, Boot,coupling"etc)(10 LF 2.00 p p p LF Min ,complete m lane per Iia�ear foot, Service Lateral Replacement(14'-18' Depth W W 78 LF 200 Main, /%�j� �i/i !i„r'�i�„��% i ,orf �%%//, ��� %j� Includes Olean Out, Boot,coupling,etc)(10 LF Min) come.. lets in place Qer linear foot BidForm Page 5 of 11 City-Wide Collection System Pipebursting I[?,✓140:-E15089 Atv 10a 14•2014 00 30 01 BID FORM r � r / ., /vi Di r/ /✓iii / r ., i. /, Service Lateral Replacement(>1.8'Depth Main, WW79 includes Clean Out, Boot,coupling,etc)(10 LF LF 200 Min),complete in piece per linearhoot Well Pointing(0'-6'Depth),cor'nplete in place "/ WW80 LF 50 per linear foot , / �� , W W'81 , Pointing(6'- Depth), p p eMl r�llinear tfoot 10'De th complete in lade LF �0I " °w'WW82 Well Polinting,(10'- 14'Depth),complete in place linear foot LF 50 I � ,� , f er eellineartfooting l4 -18'Dcomplete in place LF 50 /1 l� WW83 WW84 Well Pointing(>18'Depth),complete in place pear LF 50 linear foot Control of Wastewater Flows with Bypass' s WW85 DAY 1.47 Pumping(Lines 58""),complete inn place per days Bypass Force Matin for Control of s8" WW86 Wastewater Flows,complete in place per Fnear LF 500 rr foot Control of Wastewater Flows with Bypass a �i WW87 Pumping DAY 10 10"-12"Linesl,.compfete on place per da Bypass Force Main for Control of 10"-1.2" � WW88 Wastewater Flows,complete in place per linear LF 50(] foot "�0 Control of Wastewater Flows with Bypass 11 � W'W89 Purnping(15"-18"Lines),complete in place per DAY 10 da Bypass(Force Main for Control of 15"-18" WW90 Wastewater Flows,complete in place per linear LF 500 foot Control of Wastewater Flows with Bypass WW91 Pumping(24" Lines),complete in place per day DAY 1.47 Bypass Farce Main for Control of 24" WW92 Wastewater Flows,complete in place per linear LF 5470 foot Control of Wastewater Flows with Bypass WW93 t DAY 10 Purnping(30" Lines),complete In place per day Bypass Force Main for Control of 347" WW94 Wastewater Flows,complete in place per linear LF 500' foot Control of Wastewater Flows with Bypass WW95 DAY 147 Pumprng(36 Lines), complete in place per day Bypass Force Main for Control of 36" WW96 Wastewater Flows,compi�ete in place per linear LF 500 a Bid Form Rage 6 of 1.1 City-Wide Collection System Pipebursting ID/IQ,-E15089 REV 10-14-2014 00 30 01 RID FORM 1P4PhNJT rui per dayum Truck(Tandem),complete in rug,llgl� DAY 25 1 Furnish Vacuum Truck(Tanker),complete in ti I WW98 lace erda DAY r Plugs and/or Flow-thru Plugs(<_8"")" complete in WW09 DAY 100 Place per da WW100 Plug's and/or Flow-thru Plugs(10"),complete in DAY 100 lace per da J WW101 Plugs and/or Flow-thru Plugs(1.21"),complete in DAY Place per da 1�� i WW102 lace erda g ) p DAY 100 Plugs and/or Flow-thru Plugs(��&" ,corn late in , E Plugs'and/or Flow-thru Plugs(15") complete in t, 1 WW103 lace Per da DAY 7a Plugs and/or Flow-thru Plugs(18")),complete in WW104 DAY 75 lace per da I WW105 Plugs and/or Flaw-thru Plugs(20"),compkete in LAY 25 Place per da WW106 Plugs and/or Flow-thru Plugs(30"),complete in lace per day0 2� WW107 Plugs and/or Flows-thru Plugs(36"),complete in DAY 25 t) Place per da WW108 PRE CCTV-clean&Televise Wastewater LF 10000 � Unes(Lines s8"),complete in place per linear foot I r l l u WW109 POST CCTV-Televise Wastewater Lines d (Lines 58"),complete in Place per linear foot LF 10000 PRE CCTV-Clean&Televise WastewaterI WW110 Lines(10"-12"Lines),complete in place per iinear LF 5000 foot , POST CCTV- Televise,Wastewater Lines(10"-12" Lines Ecom Tete in lace per linear foot LF 5000 Clean &Televise Wastewater %�j �/i/%,/�D, ��i�/�` PRE CCTV- WW112 Lines(15"-18"Lo-nes),complete in place per Linear LIF 2500 foot POST CCTV Televise Wastewater Lines WW113 ,� LF 2500 115"-18"Lines) complete in place per linear foot / PRE CCTV-Clean&Televise Wastewater WW114 Lines 24"`Lines),complete in lace per linear LF 1.000 foot ( ) P P' P POST CCTV-Televise Wastewater Lines WW115 24,, LF 1000 Lines),complete in lace per linear foot PRE CCTV-Crean&Televise Wastewater WW116 Lines(30 Lines) complete in place per linear LF 1000 font Rita Form Rage 7 of 11 City-Wide Collection System Npeburstin I'D/IQ- E15089 REV M14-201,4 00 30 01 BID FORM' rr71`7—/ / / f PRE CCTV-Clean&Televise arWWastewvater � �i WhlW117 tines(36"Linen,Complete in place per linear LF ,1000 ✓ foot CCN Reverse Set-up(Unable to Traverse Line or WWW 118 EA CLI Initial Set-up),complete ira�place per each WW119 CCN Set-pups,complete in piace per each EA 25 WWW120 Clean&CCN Manhole/Manhole Inspection, Corra Iete In lace er each E' 20I1ME' Remove Existing Manhole(API sizes),complete in l�lf WWW 121 lace p per each E�A 60 �� J WW122 Replace 4 ft Dia. Manhole in lace per each EA 4D 11 le 0"-6' Depth),corm Iet h� � WW123 Corina iDete in for eft Divertcal fooCver 6'depth), VF 250 p ( t WW1.24 'Replace 5 ft Dia Manhole �� Extra Depth for 5 ft Dia ManholeOver 6"Depth),0"-6' Depth),complete in lace per each 10 � � i WW125 p ( P ), complete in lace per vertical foot WWW126 ReplaceDia Manhole VF 100 0`-6'Depth),complete in lake per each EA 10 WW127 Extra depth for 6 ft Dia Manhole(Over 6"Depth), VF 75 '��' complete in lace per vertical foot 4 ft Dia Polymer System Manhole Rehab(0l'-6" " I WW 128 Depth),complete in lace,per each EA 50 ! " Extra Depth for 4 ft Dia.Polymer System �I WW12°3 ...Manhole Rehab(Over 6" Depth),Contpldete in VF 200 lace)per vertical foot lin , , ��� �;1 I� � 5 ft Dia Pgepthl,colymer fete intelraCaereach in ehab 1�1��J WW130 Y 0" 6'( EA 1(b ! �� l Extra Depth for 5 ft Dia.Polymer System WW131 Manhole Rehab(Over 66'Depth),complete in VF 100 Place oer vertical foot WWW132 6 ft Dia Polymer System Manhole Rehab(0'-6" %_�� % EA 1D i�' �/g l �/ De th complete In lace per each % Extra De stem mer for 6 ft Dia.Depth Polymer 5 p y y� WW133 Manhole Rehab(Over 6°Depth),complete in VF 100 placeper vertical foot 4 ft Dia Manhole FRP Rehab WW134 0'-6" De th complete in Iace er each EA 50 Extra Depth for 4 ft Dia. Manhole FRP Rehab. W W 135Depth), .....(Over 6° r:om Tete in per vertical VF 200 p p foot WW136 EA 10 5 ft Dia Manhole FRP Rehab d'-6 Depth),complete In place 2er each Extra Depth for 5 ft Dia. Manhole FRP Rehab. WW137 ......(Over 6" Depth),Complete in place per vertical VF 1010.... fCaC7t 6 ft Dia Manhole FRP Rehab W W 138 EA 5 'bq 0'-6' De 2th corm iete in place per eaCl'I Bid Form Page 8 of 11 City-Wide Collection System Pipebursting ID/IQ- E15089 REV 10-24-2014 00 30 01 BIC}FORM / Extra Depth for 6 ft[iia. Manhole FRP Rehab. WW139 (Cruor 6°Depth),complete in place per vertical VF 75 foot / r, Excavation Safety for Manhoie5(0'-6'Depth), 1 III l WW140t �darn lute in mace er eaeh � 2 % ��� Extra Depth for Excavation Safety for WW141 �ManholVes(>6" Depth),complete in place per VF 250 vertical foot WW'�142 Meeach Connections 15 8""'j,complete in phaco EA 250 ;r. r 1 WW143 EA 1.00 laceereach Manhole Connections(10" - 12°) complete in WW'144 lace ole Connections(15"" .18"),complete inEA 50 1/11,1111,111 J 1MINI � p per each NUmA11,11,11 W J145 Manhole Connections(21" -24"),complete in BPI,lace er eachA 25r WW146 (Manhole Connections(30"-36"),complete in lace per each EA 10 . Remove&Replace 30" Manhole Ring&Cover WW147 (Includes S.S.inflow inhibitor and new HDPE EA 10 adjustment rings),complete in place per each l i� Remove& Replace 36"Manhole Rine&Cover 1 W'W148 (Includes S.S.inflow Inhibitor and new HDPE EA 10 adjustment rings),complete In place per each Reconstruct Manhole Tap Corbel(Any Size), WW149 complete in VanEA 10e per WW150 Reconstruct Manhole Bench&Inverts as per EA � specifications,complete in place per each 1(l Cement Stabilized Sand BackfVlp(1.5 sacks of / WW151 cement per ICY of sand),complete in place per TON 1.000 ton Includes Base& WW152 Cut&Restore HMAC Pavement(, SY 5000 Pane Coat),complete in place per square yard W W 153 ....Additional FiMAC Pavement Thickness SY 1500 (1/ per SY) complete in place per square yardIN Additional Limestone Base Thickness !%/ /%// /// % /� ; WW 1.54 SY 1500 1 j p p p q yard r / i1/ % /%��i�i,ii/%/�iii ��l/✓�/ ( per SY,complete in lace per square AiSelect Backfill Material,complete in lace per p p �� W'W155 cubic yard CY 2500 WW156 Flowable Backfill„complete in place per cubic and CY 2500 Cut& Restore Concrete Pavement0 WV'W157 (Includes Base).,complete in place per square SY 500 a rd Bid Form Page 9 of 11 City-Aide Collection System Pipebursting ID/'ICI,-E15089 Rry 10.14.2014 00 30 01 BID FORM /r/o%„//% i, ✓/// r,%r, ,;,,,,, ,,,,,. ,,, ,, � / r//ii / //ii ,,,e ;,,,,,,,,,/////,r ,r,, ,/iii,,. ✓ � , r �// / it / „ ,,,,,/ r i / ,.,, r/ /%,, /, WW158 SY complete in lace per Square and p Additional Concrete Pavement Thickness 1”. per SYD �, ,/// i WrJW159'' Slaceer daaffic Cantron'(Detail'A),complete in DAY 50 WW1,6p Signing&Traffic Control (Detail B),complete in DAY 5q lace per da WW161 Signing&Traffic Control(Detail C),complete in DAY 5 lace per da WW1162 Signing&Traffic Control(Detail D),complete in DAY 50 ) lace per da Signing&Traffic Control(Detail E),complete in WW1E8 Mace erday DAY 50 WW164Signing&Traffic Control(Detail F),compPet:e in f 1 lace per da DAY 50 11ii VAWJ165 Signing&Traffic Control(Detail)G),complete in fi ) lace per day DAY 50 WW166 Signing Traffic Control lace per day DAY(, ) p DA'Y 5C} Detail FI ,complete in i WW167Signing&Traffic Control(Detail I),complete in J f lace er 2r4-hour period DAY SD WW168 Signing&Traffic Control(Detail J),complete in DAY 507" dace per day WUW169 Signing&Traffic Control(Detail IC),complete in DAY 50 dace er da I N lN" WW17f1 Signing&Traffic Control(Detail L),complete in DAY 50 lace per da Signing&Traffic Control(Detail MI),complete in W W 171 DAY 50 - �I lace per da Signing&Traffic Control(Detail N),complete in er da Iola W172 DAY 5Q l��JJ lace WW173 Portable Changeable Message Signs(PCM15), DAY 50 complete in place per day WW174 Flashing Arrow Boards,cornplete in place per day DAY Stl W W 175 gg p DAY complete in lade I per Place Per 2A-hour Period, WW1.76 'Removal&Replacement of Chain link Fencing, LF 50 complete m Pace per linear font. D WW177 Removal&Replacement of Wood Fencing cam late In place 2er linear foot !%r�l�%'J,%��i� Temporary Construction Entrance/Exit-All WW178 Weather Access Road,complete in pgace per EA 5 each W W 17RemovalTree Removal(Up to 8" Dia.Trunk), in EA ,comp place e r each Tree Removal (Greater Than 8." Dia.Trunk), 'O'r G/ / '%%%�� %% r/0///%�j j �! /// // lJ i WW18fD FA, 5 /' fD Q/��f� , li'/ Cam late In IaCe er each %%: WWI 81 Erosion Control—Sodding,complete in place per "'° J%i%ii%j 1✓J'%%'j f'%//,'//'l ii//%/i/' square yard SY 500 , Bid Form Page 10 of 11 City-Wide Collection SystemPipeburstirl,g ID/1Q- E15089 REV 10-14.2014 00 30,,01 BICC FORM Erosion Control—Seeding,complete in place per r /� ,//% /j, ,/✓%////// % WVU182 Sy SOCt � s uare, and Erosion Control-Temporary Sediment Control trrAW183 Fence(Silt'Fence and/or Silt Harrier),complete in LF 2500 lace per linear foot 'uV'uW184 Inlet Protection,complete in place per each EA 25, � ,,' �'I �f Il� lIs Remove and Replace Driveway,complete in41f1J185 place er s uare foot5F 150Remove and Replace Sidewalk,complete in place V�W18Fa SF 3ogCD er square foot -/ Replace Curb and Gutter or Valle 1AfVk1187 Remove and Re p Y LF 1000 Gutter,complete in place per linear foot Remove and Replace Curb Ramp,complete un1 (i� � r Vuld188 lace per each EA 10 .a ,,, + -W189 Grout Fill&Abandon in place,complete in place CY Soo per yard WW190 Remove, Relocate,and Reinstall Mail Box, EA 10 complete in place per each r �, WW191 Stripping, p p p AC 2 Site Clearingan Stri in ,com fete in lace per acre yW X192 Disposal of Contaminated Groundwater, LS 1 Allowance per lum -sum Total Extended iU!nit Prices (items WWI thru ) Evaluation Purposes ONLY To be applied to any and alll items "associated with an EmergencyDelivery Emergency Coefficient 'Order as defined in Measurement ands, Basis for Payment(01 29 01) Bid Form Page 11 of 11 City-Wide Collection System Pipebursting, ID/IC!-E15089 REV 10-14-2014 003002 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that:! fla government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of 0 Bidder(includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: PM Construction&Rehab,LLC (typed or printed) By: (signature attach evidence of authority to sign) Name: Bac Ong (typed or printed) Title: General Manager Business address: 131 N.Riichey Pasadena,TX 77506 ----------- Phone: 832-252-4800 Email: bong @tear1ipr,cam END OF SECTION Compliance to State Law an Nonresident Bidders 00 30 02-1 City-Wide Collection System Pipebursting ID/IQ 11-25-2013 City Project No. 815088 00 30 03 COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Bidder hereby certifies that the Contract Price is divided as follows: Tax exempt products, materials and services(See Notes 1 and 2) $ Ll-7-7 9 7 Taxable products, materials and services(See Note 3) $ Total(Total must equal the Contract Price) $ Bidder: Company Name: PM Construction Rehab, LLC (typed or printed) By: .........1'� (signotrure--attoch evidence of authority to sign) Name; Bac Ong (typed or printed) re Title: General Manager Business address: 131 N, Richey, Pasadena,TX 77506 Phone: 832-252-4800 Email: bong@teatnipr.corn Notes: 1. Exempt products and material's are those items purchased for the Project which are physically incorporated into the facilities constructed for the Owner or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition, products and materials are completely consumed if after being used once for its intended purpose it is used up or destroyed. Products and materials rented or leased for use in the performance of the Work cannot be completely consumed for the purposes of this definition. 2. Exempt services are those services performed at the Site where the,Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service is integral to the performance of the Work. 3, Products, materials,and services are not tax exempt if they are used by the Contractor but are not physically incorporated into the Owner's facilities or are not consumed by construction as defined above. Machinery or equipment and its accessories and repair and replacement parts used in the performance of the Work are not exempt. 4. The sum of the amount for tax exempt products, materials,and services and taxable products, materials, and services must equal the Contract Price. Compliance to Texas Sales Tax Code 003003-1 City-Wide Coilection System Pipeb,ursting iD/IQ 11-25-2013 City Project No.E15089 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 1491, 8�Oth Log., Regular Session. OFFICIELISEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Rece4ved by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176,006,Local Government Code, A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity, PM Construction&Rehab,LLC ElCheck this box if you are filingan update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship, N/A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 1"76.001(1-a), Local Government Code, Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receMng or likely to receive taxable income, other than investment income, from the filer of the questionnaire? E:1 Yes El No 13. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? EDYes 1-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? E:1 Yes No D. Describe each employment or business relationshlp with the local government officer named in this section. October 14,2015 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIERR 1'0 BE ASSIGNED L3YCITY-- PURCHASING DIVISION vw City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST C City of Corpus Christi Ordinance 17112,as amended,requires all persons or films seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: PM Construction&Rehab,LLC P.O.BOX: STREET ADDRESS: 131 N.Richey CITY: Pasadena ZIP: 77506 - FIRM IS: 1. Corporation 8 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other X Limited Liability Company DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name None Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name Nene Title 3. State the names of each "board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm" Name None Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name None Consultant FILING RF''QUIREMENTS, If person who rcgar sts official action on a.matter knows that the regaiested action will confier an economic benefit on any City official or employee that is distinguishable fi�om the.effect that the action will have ora members,of the public in general or•a substantial segment thereof,,you shall disclose that fact iri as signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. File disclosure shall also be naaade in a signed writing filed with the.City Secretary. [Ethics Ordinance Section -349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying;,Person: Bac Ong Title: General Manager (ryro or vrimt Signature of Certifying [hate: October 14,2015 Person: DEFINITIONS a. "Board nicrnber." .,h member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, "texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firma." Any entity operated for economic gain„ whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the farm of sole proprietorship, as self-employed person, partnership, corporation, point stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." 'the Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firma, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts„ proxies, or special terms of venture or partnership agreements," g "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recomrrrendration. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: City-Wide Collection System Pipebursfing ID/IQ E15089 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding;or with any official or employee of the owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract;or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: PM Construction&Rehab,LLC (typed or printed) By: Isignature--attach evidence of authority to sign) Name: —Bac Ong (typed or printed) Title: Generall Manager ............. Business address: 131 N. Richey,Pasadena,TX 77506 . ............. Phone: 832-252-4800 Email: bong@teamipr.com END OF SECTION Non-Collusion Certification 00 30 06-1 City-Wide Collection System Pipebursting ID/IQ 11-25-2013 City Project No.E15089 r' Secretary's Certificate of PM CONSTRUCTION & REHAB, LLC (The"Company") The undersigned hereby certifies,on behalf of the Company,,as follows: 1.) He is the duly elected and qualified Secretary of the Company 2.) The following individuals are the duly elected and qualified officers the company, (each an "Officer"and collectively the "Officers")elected by the Board of directors of the Company of Duly 31,2015 occupying the positions set forth next to their respective names below: Robert Steinberg, President and Chief Executive Officer Nick.Banchetti,Authorized Representative Bac Ong,AuthorizedRepresentative Christian Abels,Authorized Representative- Paul Pellegrini, Controller and Assistant Secretary 3) Each of the Officers is duly authorized,on behalf of the Company,to bid upon and enter into any competitive contract(each a"'Bid"and'collectively the"Bids") related to the Company's. business, and is hereby authorized,on behalf of the Company,to execute and'deliver any contracts, agreements or documents required in connection with any such Bid (such authority conferred'on the Officers the Board of Directors of the Company effective November 30, 2014) d. By. v i�r Robert Steinberg,President and Chief Executive Officer Dated: September 3,2015 NG THE AMERICAN INSTITUTE OF' ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE PM Construction & Rehab, LLC 131 N. Richey, Pasadena, TX 77506 as Principal, hereinafter called the Principal, and Arch Insurance Company 3 Parkway_5uite 1500, Pbi1@dg1pNQ, PA 121 Q2 - a corporation duly organized under the laws of Che State of MO as Surety, hereinafter called the Surety, are held and firmly bound Unto CRy of Corpus Christi 1201 Leopard Street Car pus Christi, TX 78401 as Obfigee, hereinafter called the Obligee, in the SUM Of live Percent of Amount Bid Dollars ($ 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for City-Wide Collection System Pipeb,ursting ID/IQ Project##E15089 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the, terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of September 2015 PM Construction & Rehab, LLC (Principal (Seal) (Kqtness) V By: A4)lkvdr Arch Insurance Company (stlrety)l (Seal) 'rN ;"V� Diane Moraski Attomey ,ri'n-Fact Joann Dombrowski (Title) AIA VOCUMLN'r A310 0 BID BOND 0 AIA 0 FEBRUARY1970 FD.OTHE AMERICAN INSTITUTE OFARCHITECTS,1735 N.Y.AVE_N.W,,WASHINGTON,D.C,20(N)6 AIC 0000157631 THIS POWER OFATT RNt Y IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This,Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Norte, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in,Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint. Jessica Piccirillo,Joann Dombrowski, Marion R.Vail, Russell M. Canterbury and Susan E. Deak of Farmington, CT(EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed. Any and all bonds,undertakings„ recognizances and other surety obligations, in the penal sum not;exceeding Ninely Million Dollars(190,000,0013,00). This authority does not permit the same obligation to be split into two or more bond's In order to bring each such band within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recogniances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed', and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED,That the Chairman of the Board„ the President, or the Executive Vice President, or any Senior Vice President, of;the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings,, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process," This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,. of the Surety Business Division„ or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary,, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power sr executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. O,OMLOO13 00 03 03 Page 1 of 2 Printed in U. .A. AIC 0000157631 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 151"day of June,2015. Attested and Certified Arch Insurance Company 0 5 EAL It971 Patrick K. Nails,Secretary favid M. OM-FeTstein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OMMONWMTH FPj9Nt45YLVAN1A NOTARXSEAL HELEN WFRAN,Notay PWIC City of Phibdalphi it,PNIa'Court My Corrission EX-R!-Ms Weber 3,117 elen z My commission expires 10/03/2017 CERTIFICATION 1, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 15, 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. INT j� W IMONY H REOF., I have hereunto,subscribed my name and affixed the corporate seal of the Arch Insurance Company on this2,�,k --clay —Jej_,20-j ot'-�----------- --------- Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 2411" 3 Parkway,Suite 1500 0 Philadelphia,PA 19102 WKrL*AYf SEAt 1977 OOML0013000303 Page 2 of 2 Printed in USA Texas Department of Insurance Cert %catc o. 12253 :a ny No. 08 -09 922 Certilicate of Authority ^MS: IS TO CBRTTFY THAT CH I . nNSAE3 CITY, MISSOURI arcaP flied with the laws of ffic State of Tew applicable 't to and Is hereby authadzed to tr=act tho busiccss of Firs; Allied Coo rang 'i liai l- rowin. crags only; Rain; rnlaad Marine; Ocean Marine; i Qraft.w -Liability Physical . tet Accident; Healt Workers' Compansation & Fjupl.oy rs' Liability; &nployars' Liability; .Aat;camobil. - abilitry Physical D : Liability other than Automobile; Fidelity & Surety; Glans; Burglary 6 `f aft; For ery; Boiler & Machineryl Cz-edit, Livaot:Qck and Raiiasurance an all lines authorized to be written can ra diract basin 4isuranrr within tb4 Qrtate of T I*hiR C'e naficato of Authority shall be irx M force and effect until it is a va cd, canceled or suspended a=rding to low. N ^017.'teimem'tea , any hand ajad seat of L1 t dya November ll00 103E O YO "t r } ". SIONERROF 1 Sid..NCE u .p CGJod—Wi�A1 e O, ip DRUtor Company Liceming&Regismflon s ARCH Insurance Company ARCH surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact William J. Misero, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: William J. Misero 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies'coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149091 Austin, TX.78714-9091 FAX#(512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed.4112) Printed in U.S.A. PM AN IPR COMPOR August 16, 2017 City of Corpus Christi Engineering Services 4917 Dolly Rd, Bldg. 5 Corpus Christi,TX 78411 RE: E15089 CITY WIDE COLLECTION SYSTEM PIPEBURSTING ID/IQ RENEWAL No. 2 REQUEST To Whom It May Concern, This letter serves as formal notice; it is the intent of PIVI Construction & Rehab, LLC to accept the renewal option for the second year on the contract mentioned above. PM Construction has substantially completed the Renewal No. 1 of the contract and we would like to continue work without interruption. This offer of renewal would extend the contract for a period of one-year or until funds are depleted. PM. Construction agrees to the same terms and conditions of the specifications as well as the unit pricing for the Renewal No. 1 contract. We appreciate the opportunity to continue working with the City of Corpus Christi and look forward to your acceptance of renewal for an additional one year term. If you have any questions or need further assistance, please feel free to contact me at 281979-6797. Thank you for your time and consideration. Respectfully, Wade Gibson General Manager I'M Cfjnssrucfinn&Rehab Texas IK N Rich $'t Pas6acra TX 77S06 o 832 2,52 1800 832 252 4830 00 52 23 AGREEMENT This Agreement is the Second Renewal of the City-Wide Collection System Pipebursting ID/IQ—Project No. E15089, awarded on January 12, 2016 by the City Council of the City of Corpus Christi,Texas ("Owner") to PM Construction &Rehab, 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: City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2(E15089) Project No. E17096 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation,Suite 300 Corpus Christi,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, PE—Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. This is the Second One-Year Renewal, Project No. E17096, of the Original Contract No. E15089 for City-Wide Collection System Pipebursting ID/IQ. The Second Renewal Contract extension will not exceed the amount of$3,750,000.00 for one year.This Project will be executed by multiple indefinite quantity Delivery Orders. The initial contract duration shall be 12 months and will be subject to renewal for up to four (4) additional 12-month periods. Each delivery order will be issued with an allowable working time (calendar days) and will be based on the durations identified in the Working Time Table provided in SECTION 0135 00 SPECIAL PROCEDURES. The Work is required to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed . Agreement 005223- 1 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 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 and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Non-Emergency Delivery Orders—The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 24 hours of receiving written notice from the Director of Capital Programs or designee("City Engineer")to proceed. For each calendar day that any work remains incomplete after the time specified in the Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon the production rates shown in the table provided in SECTION 0135 00 SPECIAL PROCEDURES. 2. Emergency Delivery Orders-The working time begins and the Contractor shall be required to be on-site within three (3) hours of receiving written notice from the Director of Capital Programs or designee ("City Engineer")to proceed to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and shall have in place ALL mitigation measures to prevent further damage to public and private property within six(6) hours of receiving written notice from the Director of Engineering Services or designee ("City Engineer")to proceed. In the case of Emergency Delivery Orders, the Contractor shall be required to maintain continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) has/have been rectified and the danger to the Public has been resolved. For each calendar day that any work remains incomplete after the time specified in the Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $1,000.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon production rates shown in the table provided in SECTION 0135 00 SPECIAL PROCEDURES. 3. 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. Agreement 005223-2 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 3,750,000.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 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 Completion. The balance will be held as retainage. 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 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 Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to 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. Agreement 005223-3 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 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 understands the inherent diversity of the potential sites associated with this project and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 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. Agreement 005223-4 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 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. Agreement 005223-5 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 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 005223-6 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 ATTEST CITY OF CORPUS CHRISTI Dlg"a"v ­b e°by Re ­"° rDigitally signed by Jeff Edmonds Hurto u =1-b-@.-eem s Jeff Edmonds -06'00 ' 217.11.2711'22 10 000 Date: . . : : 47 Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services APPROVED AS TO LEGAL FORM: N/A AUTHORIZED BY COUNCIL N/A � r 2017.11.21 08:38:32-06'00' N/A Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR PM Construction & Rehab, LLC Bac On Digitally signed by Bac Ong (Seal Below) By. g Date:2017.11.1710:57:58-06'00' Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 131 N. Richey Financial Officer Address Pasadena, Texas 77506 City State Zip 832/252-4800 832 550-2130 Phone Fax bong@teamipr.com EMail END OF SECTION Agreement 005223-7 City-Wide Collection System Pipebursting ID/IQ—Contract Renewal No.2 (E15089) REV 03-23-2015 City Project No. E17096 006113 PERFORMANCE BOND BOND NO. SU1145910 Contractor as Principal Surety Name: PM Construction&Rehab, LLC Name: Arch Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 131 N.Richey 3 Parkway, Suite 1500 Pasadena,TX 77506 Philadelphia, PA 19102 Physical address(principal place of business): Owner 3 Parkway, Suite 1500 Name: City of Corpus Christi,Texas Philadelphia, PA 19102 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Missouri Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E17096 City-Wide Collection System 215-606-1602 Pipeburstine ID/IQ—Contract Renewal No.2 Telephone(for notice of claim): E15089 214-438-4087 Local Agent for Surety Name: Borden Insurance Date of the Contract: November 07,2017 Address: 210 S. Carancahua, Suie 400 Contract Price: $3,750,000.00 Corpus Christi, TX 78403 Telephone. 214-438-4087 Bond Email Address: mdavis a@archinsurance com Date of Bond: November 16, 2017 The address of the surety company to which any notice of claim should be sent may be obtained C (Date Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number. 1-800-252-3439 Performance Bond 00 6113-1 Proj#E17096 City-Wide Collection Syst Pipebursting ID/IQ—Contract Renewal No.2(E15089) 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,fullforce 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 Onlended and a//liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the some extent as if it were copied at length herein. Venue shall fie exclusively in Nueces County, Texosfor any legal action. Contractor as Principal, PM Construction & Rehab, Surety �r'ch Insurance Company Signature Signature� LLC Name: Bac Ong Na m e: Diane Moraski Title: Sr. General Manager Tifle: Attorney-�n-Fact (Attach Power of Atioroey and place surety seal below) ` END OF SECTION Performance Bond 006113-2 Pnoj#E17O96City-Wide CollecVon Syst Pipebumting|rY|[l—Contract Renewal No. 2 (E15089) 7-8-2014 All 0000228004 THIS POWER OFATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND, D, This Power of Attorney limits the acts of those named herein, and they have no authority to bindthe Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing ender the laws of the State- of Missouri, having its principal administrative office in Jersey Cl New Jersey(hereinafter referred to as the"Company")does hereby appoint: Diane Mdraski, Hilda Muratori, Jessica Piccirillo, Kerion R. "Jail, Russell M. Canterbury and Victoria A. Parlrerson of Farmington, CT (EACH) its true and lawful Attomey(s)in-Pact, to make,execute, seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds,undertakings, recocgnizances and other surety obligations, in the penal sura not exceeding Ninety Millldn Dollars($90,000,000,00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar Bruit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been dully executed and acknowledged by its regu%arly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, trine and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full farce and effect, "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business (Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds„ undertakings, recognzances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed„ sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 1 ,2011: VOTED,That the signature of the Chairman of the Board„the President,or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of tiae Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond' executed pursuant to the resolution adopted by the Board of Directors on September 1 , 2011 and any such power so executed, sealed and certified with respect to any band or undertaking to ,which it is attached, shall continue to be valid and binding upon the Company. 00[ LOO13 00 03 03 P gie 1 of 2 Printed in U.S.A, AIC 0000228004 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1111'day of October, 2017. Attested and Certified Arch Insurance Company W SEA 1971 Patrick K.Nails, Secreta D vid M. fnlcefs Exec _. nl fain, Executive Vice President. STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing,instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, cMORWaRALTOf MvwvAAaiA 1400 AWAL St A1. MKHEU fl jd C7 1,t'Pi sy tlaaORPty C1h+'�r*tr�a�dml�a��A,l�hAj. C.� iy w My rnK$tw e%July 11,ZD21 �rr Michel Trip di, Notary Public My com ission expires 07/31 2021 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated October_11, 20_17 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company, IN TESTIM NY WHEREOF I have hereur o subscribed my name and affixed the corporate seal of the Arch Insurance Company on this - day of20 Patrick K. Nails, Secretary - This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein started. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 15700 � � ►0 Philadelphia, PA 19102 �5ltritl�' OOMLOO 13 00 03 03 Page 2 of 2 printedin U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Arch Insurance Group's toll-free Usted puede Ilamar al numero de telefono gratis telephone number for information or to make a de Arch Insurance Group para informacion o complaint at: para someter una queja al: 1-866-413-5550 1-866-413-5550 You may also write to Arch Insurance Group at: Usted tambidn puede escribir a Arch Insurance Group: Arch Insurance Group Arch Insurance Group Harborside 3 Harborside 3 210 Hudson Street,Suite 300 210 Hudson Street,Suite 300 Jersey City, NJ 073114107 Jersey City,NJ 07311-1107 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax: (512)490-1007 Fax: (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Arch the Arch Insurance Group first. If the dispute is Insurance Group primero. Si no se resuelve la not resolved, you may contact the Texas disputa, puede entonces comunicarse con el Department of Insurance. departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE"ISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. 00 ML0042 44 04 16 Page 1 of 1 006116 PAYMENT BOND BOND NO. SU1145910 Contractor as Principal Surety Name: PM Construction&Rehab,LLC Name:Arch Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 131 N.Richey 3 Parkway, Suite 1500 Pasadena,TX 77506 Philadelphia, PA 19102 Physical address(principal place of business): Owner 3 Parkway, Suite 1500 Name: City of Corpus Christi,Texas Philadelphia, PA 19102 Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Missouri Corpus Christi,Texas 78469 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): #E17096 City-Wide Collection System 215-606-1602 Pipebursting ID/IQ—Contract Renewal No.2 (E150891 Telephone(for notice of claim): 214-438-4087 Local Agent for Surety Name: Borden Insurance Date of the Contract: November 07,2017 Address:210 S. Carancahua, Suite 400 Contract Price: $3,750,000.00 Corpus Christi, TX 78410 Telephone. 214-438-4087 Bondarchinsurance corn mdavis Email Address: � Date of Bond: November 16, 2017 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept of Insurance by calling the following toll-free number.1-800 252-3439 Payment Bond Form 00 6116-1 Proj#E17096 City-Wide Collection Syst Pipebursting ID/IQ—Contract Renewal No.2(1115089) 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 PM Construction& Rehab, LLC Surety Prch Insurance Company Signature Signature: Name: Bac Ong Name: Diane Ma asks Title: Sr. General Manager Title: Attorney-in-Fact Email Address: bong@teaniipr.com Email Address: dnior®aski@alliant.com (Attach Power of Attorney and ploce surety seal below) ............... END OF SECTION, Paynnent Bond Form 006116-2 Proj#E17096 City-Wide Collection Syst PipebUrsting 1D/lQ-Contract Renewal No. 2(E15089) 7-8-2014 AIC 0000228004 THIS POWER'if FATTORNEY!S NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND ROUNDf This Power of Attorney limits the acts of those,darned herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for bate,Loan, Letter of Credit, Currency Rate, interest Rate or Residential Value Guarantees. POWER OF' ATTORNEY Know All Persons By These Presents: That the Arch insurance Company; a corporation organized and existing under the (laws of the 'State of Missouri, having Its principal administrative office in Jersey City, New Jersey(hereinafter referred)to as the"Company")does hereby appoint: Diane Moraski" Hilda Muratori, Jessica Piccirillo, Marion R; Vail, Mussell M. Canterbury and Victoria A. Part<erson of Farmington, CT (EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as Its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding NMet My illion DoVlars( 90,000,000-00). This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shell be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New,Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set, forth and are hereby certified to by the undersigned' Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or the Execrative Vice President;, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys,-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof„ and any such officers of the Company may appoint agents for acceptance of process," This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President, or any Senior Vice President of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary,the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to wWch it is attached, shall contonue to be valid and binding upon the Company. OOML001:3 00 03 03 Page 1 of 2 Printed in U. .A. AIC 0000228004 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 11`h day of October, 2017. Attested and Certified Arch Insurance Company xDF, ) Patrick IG. Nails, Secretary CDavid M. Fistein, Executive Vice President STATE;OF PENNSYLVANIA SS � ~ COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as. Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized' signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CornrMoNVOCwL°rH OF PE+aNS^rtVANidti wFR TI ±CDp:'W,RIAL Sty, ra �NlEt� P �drat �6�tbtk ddUy Cisxkpo pdrre'C My 11,1 '1 p ._ Michel Trip di, Notary Public My com ission expires t)7f316021 CERTtFICATtON I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 11,. 2017 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney,the duty elected Executive Vice President of the Arch Insurance Company, IN TESTIM NY WHEREOF, I this , r have 20 hereunto ,subscribed my name and affixed the corporate seal of the Arch Insurance Company on day of have Patrick;K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SENDALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:Arch Insurance_Surety Division � 3 Parkway,Suite 1 500 y Philadelphia, PA 19102 *a�` L 4L KYAUKATf SEAQ. 197"1 � MC�zatal# 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE "ISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Arch Insurance Group's toll-free Usted puede Ilamar al numero de telefono gratis telephone number for information or to make a de Arch Insurance Group para informacion o complaint at: para someter una queja al: 1-866-413-5550 1-866-413-5550 You may also write to Arch Insurance Group at: Usted tambien puede escribir a Arch Insurance Group: Arch Insurance Group Arch Insurance Group Harborside 3 Harborside 3 210 Hudson Street,Suite 300 210 Hudson Street,Suite 300 Jersey City, NJ 07311-1107 Jersey City, NJ 073114107 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax: (512)490-1007 Fax: (512)490-1007 Web: hnp://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Arch the Arch Insurance Group first. If the dispute is Insurance Group primero. Si no se resuelve la not resolved, you may contact the Texas disputa, puede entonces comunicarse con el Department of Insurance. departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE"ISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. 00 ML0042 44 04 16 Page 1 of 1 7,EMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amber Breaux NAME: PHONE 7134704123 FAX 7134704124 Alliant Insurance Services Houston, LLC AIC,Nc,Ext: AIC,No): 5444 Westheimer, Suite 900 ADDRESS: abreaux@alliant.com Houston,TX 77056 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: Stan'Indemnity&Liability Company 38318 PM Construction 8c Rehab LLC INSURER C: XL Specialty Insurance Company 37885 131 N.Richey INSURER D: Pasadena,TX 77506 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFFPOLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEX❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 10,000 A CGD740922004 04/01/2017 04/01/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APIPLIESI PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X PRO- LJUJ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CAD740922104 04/01/2017 04/01/2018 BODILY INJURY(Per accident) AUTOS ONLY AUTOS $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS Per accident) ccident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 B X EXCESS LIAB CLAIMS-MADE 1000023511 04/01/2017 04/01/2018 AGGREGATE $ 15,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN E.L.EACH ACCIDENT C OFFICER/MEMBER EXCLUDED? NIA CWD740921904 04/01/2017 04/01/2018 $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER EACH LOSS $ GGREGATE $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:El 7096 City Wide Collection System Pipebursting ID/IQ-Contract Renewal No.2(E15089).City of Corpus Christi—Engineering.The General Liability and Commercial Auto policy includes blanket Additional Insured endorsements that provide Additional Insured status to certain persons and organizations when required by written contract and subject to the terms and conditions of the endorsements.The Auto,General Liability,and Workers Compensation policy includes a blanket Waiver of Subrogation when required by contract or written agreement and subject to the terms and conditions of the endorsements.The General Liability policy provides that to the extent that insurance is afforded to any Additional Insured under the policy,the insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured,as required by written contract.The General Liability,Auto Liability,and Workers Compensation policies includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder,however 10 days if canceled for non-payment.Underground explosion and collapse coverage not excluded on General Liability,but subject to policy terms,conditions,limitations and exclusions.The General Liability Policy provides contractual liability for insured contracts only subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi—Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Construction Contract Admin PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi,TX 78469-9277 ©1988-2015 AC D CORPORATIOW All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CAD740922104 XIC 411 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage" for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: CAD740922104 COMMERCIAL AUTO CA 20 01 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: INLAND PIPE REHABILITATION HOLDING COMPANY, LLC Endorsement Effective Date: April 1, 2017 SCHEDULE Insurance Company: Greenwich Insurance Company Policy Number: CAD740922104 Effective Date: April 1, 2017 Expiration Date: April 1, 2018 Named Insured: INLAND PIPE REHABILITATION HOLDING COMPANY, LLC Address: 2002 Timberloch Place, Suite 550 The Woodlands, TX 77380 Additional Insured (Lessor): All Lessors Address: Designation Or Description Of"Leased Autos": All Leased Autos CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Coverages Limit Of Insurance Covered Autos Liability $ 2,000,000 Each "Accident" Actual Cash Value Or Cost Of Repair,Whichever Is Less, Minus Comprehensive $ 1,000 Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair,Whichever Is Less, Minus Collision $ 1,000 Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair,Whichever Is Less, Minus Specified Causes Of Loss $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 2. The insurance covers the interest of the lessor 1. Any 'leased auto" designated or described in unless the "loss" results from fraudulent acts or the Schedule will be considered a covered omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor, we will hire or borrow. obtain his or her rights against any other party. 2. For a "leased auto" designated or described in C. Cancellation the Schedule, the Who Is An Insured 1. If we cancel the policy, we will mail notice to provision under Covered Autos Liability the lessor in accordance with the Cancellation Coverage is changed to include as an Common Policy Condition. "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for 2. If you cancel the policy, we will mail notice to "bodily injury" or "property damage" resulting the lessor. from the acts or omissions by: 3. Cancellation ends this agreement. a. You; D. The lessor is not liable for payment of your b. Any of your"employees"or agents; or premiums. c. Any person, except the lessor or any E. Additional Definition "employee" or agent of the lessor, operating As used in this endorsement: a "leased auto" with the permission of any "Leased auto" means an "auto" leased or rented to of the above. you, including any substitute, replacement or extra 3. The coverages provided under this "auto" needed to meet seasonal or other needs, endorsement apply to any 'leased auto" under a leasing or rental agreement that requires described in the Schedule until the expiration you to provide direct primary insurance for the date shown in the Schedule, or when the lessor. lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for 'loss" to a 'leased auto". Page 2 of 2 © Insurance Services Office, Inc., 2011 CA 20 01 10 13 POLICY NUMBER: CAD740922104 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: INLAND PIPE REHABILITATION HOLDING COMPANY, LLC Endorsement Effective Date: April 1, 2017 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Person Or Organization That You Are Required In A Various As Required Per Written Contract Written Contract Or Written Agreement To Include As An Additional Insured Provided The "Bodily Injury' Or "Property Damage" Occurs Subsequent To The Execution Of The Written Contract Or Written Agreement 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does nota I to "bodily injury" or damage" or "personal and advertising injury" apply y caused, in whole or in part, by: property damage occurring after: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS AS REQUIRED PER WRITTEN REQUIRED IN A WRITTEN CONTRACT OR CONTRACT. WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR"PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CGD740922004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN AGREEMENT SIGNED PRIOR TO LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2017 Policy No. CWD740921904 Endorsement No. Insured INLAND PIPE REHABILITATIONHOLD ING COMPANY, LLC Insurance Company Countersigned by XL Specialty Insurance Company WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. ENDORSEMENT# This endorsement, effective 12:01 a.m., April 1, 2017, forms a part of Policy No. CAD740922104 issued to INLAND PIPE REHABILITATION HOLDING COMPANY, LLC by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: CITY OF COLUMBIA P.O. BOX 147 30 UTILITIES&ENGINEERING COLUMBIA, SC 29217 CITY OF CORPUS CHRISTI— PO BOX 9277 30 ENGINEERING CORPUS CHRISTI,TX 78469-9277 ATTN: CONSTRUCTION CONTRACT ADMIN CITY OF CORPUS CHRISTI 1201 LEOPARD ST. 30 CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI 801 NAVIGATION, SUITE 300 30 CORPUS CHRISTI,TX 78408 CITY OF DEFIANCE 631 PERRY ST ., SUITE 102 30 DEFIANCE, OH 43512-2780 CITY OF DETROIT ATTN: MR. DARRYL LATIMER 30 735 RANDOLPH DETROIT, MI 48226 CITY OF DURAND 215 WEST CLINTON STREET 30 DURAND, MI 48429 CITY OF EAST LANSING 410 ABBOT RD. 30 EAST LANSING, MI 48823 CITY OF EDINBURY PO BOX 1079 30 ATTN:ARTURO MARTINEZ EDINBURG,TX 78540 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT#014 This endorsement, effective 12:01 a.m., April 1, 2017, forms a part of Policy No. CGD740922004 issued to INLAND PIPE REHABILITATION HOLDING COMPANY, LLC by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: CITY OF CLEVELAND C/O JONES&CARTER, INC. 30 8701 NEW TRAILS, SUITE 200 THE WOODLANDS,TX 77383-4241 CITY OF COLUMBIA P.O. BOX 147 30 UTILITIES&ENGINEERING COLUMBIA, SC 29217 CITY OF CORPUS CHRISTI—ENGINEERING PO BOX 9277 30 ATTN: CONSTRUCTION CONTRACT ADMIN CORPUS CHRISTI,TX 78469-9277 CITY OF CORPUS CHRISTI 1201 LEOPARD ST. 30 CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI 801 NAVIGATION, SUITE 300 30 CORPUS CHRISTI,TX 78408 CITY OF DEFIANCE 631 PERRY ST ., SUITE 102 30 DEFIANCE, OH 43512-2780 CITY OF DETROIT ATTN: MR. DARRYL LATIMER 30 735 RANDOLPH DETROIT, MI 48226 CITY OF DURAND 215 WEST CLINTON STREET 30 DURAND, MI 48429 CITY OF EAST LANSING 410 ABBOT RD. 30 EAST LANSING, MI 48823 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) ENDORSEMENT# This endorsement, effective 12:01 a.m., April 1, 2017, forms a part of Policy No. CWD740921904 issued to INLAND PIPE REHABILITATION HOLDING COMPANY, LLC by XL Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: CITY OF CORPUS CHRISTI—ENGINEERING PO BOX 9277 30 ATTN: CONSTRUCTION CONTRACT ADMIN CORPUS CHRISTI,TX 78469-9277 CITY OF CORPUS CHRISTI 1201 LEOPARD ST. 30 CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI 801 NAVIGATION, SUITE 300 30 CORPUS CHRISTI,TX 78408 CITY OF DEFIANCE 631 PERRY ST ., SUITE 102 30 DEFIANCE, OH 43512-2780 All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2017 Policy No. CWD740921904 Endorsement No. Insured INLAND PIPE REHABILITATION HOLDING COMPANY, LLC Premium Included Insurance Company XL Specialty Insurance Company Countersigned by WC 99 06 57 Ed. 12/10 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. CERTIFICATE OF INTERESTED PARTIES FORM 1295 tell Complete Nos. I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 20,17-285456 PM Construction&Rehab, LLC Pasadena,TX United States Date Filed: —1 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11117/2017 being filed. City of Corpus Christi,Texas Date Acknowledged: 2017.11.21 08:35:11 -06'00' 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E17096 City-Wide Collection System Pipebursting M/IQ-Contract Renewal No.2 (E15089) Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Inland Pipe Rehabilitation, LLC The W'oodland's,TX United States X .......... 5 Check only it there is NO Interested Party. EJ ­%W411111if 111flit.. 6 AFFIDAVIT l I swear,or affirm,under penalty of perjury,that the above disclosure is true and If coTrect. N zz C1 :z:z Sic of authorized agent of contracting business entity AFFIX NOTA Sworn to and Subscribed before me,by the said this the clay of, V, 20 tl to certify which,w4ness irry hand and seal of office. Signature of officer administering oath Printed name of officer administering each Title of officer adijiinistering oath Forms provided by Texas Ethics Commission www.et hi cs.state.tX.LIS Version V1.0,3337 t�tttllt4iib�i .r '• ;.{tit" �.. �.