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C2017-526 - 9/26/2017 - Approved
2017-526 9/26/17 M2017-156 Max Underground Construction 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 26, 2017, is between the City of Corpus Christi (Owner) and Max Underground Construction, LLC (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Staples Street from Alameda to Morgan Avenue Project No 13094 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: HDR Engineering, Inc. 555 N. Carancahua Suite 1600 Corpus Christi, TX 78401 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E. —Construction Management Engineer City of Corpus Christi — Engineering Services 4917 Holly Rd., #5 Corpus Christi TX 78413 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Agreement Staples Street from Alameda Street to Morgan Avenue BOND 2014 — E.13094 005223-1 Per 06-212016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 18 E17050 ommmmmmmmmmm111111..11111111I'11.111111111111.1111111,1111111111111iIIIIIIIIiIIIIIIIIII11111111111111111111111111 11111 111), • I 1111Ir r„, �I�Un 111111111111111111111111 Ell HIE 111111111111111111111111111111111111111111 11 ffiffiffiffirrrrrrrrrrrrffiffiffiffiffi IJ III 111111111111 City of r .s C h ri sti. LNV, Inc. p,� C? F TF ti b 5o. • -i,Q I1 ii * I,.. s'*�1 iIAN M . CLEMENTS ; 126771 'Q i 801 Navigation, Suite 300 / Corpus Christi, TX / 361-883-1984 June 30, 2017 Record Drawing Number WTR 467 CONTRACT DOCUMENTS FOR CONSTRUCTION OF O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 18 E17050 IP)JJJJJ�I11il 111111111,11111111111 LNV, Inc. 801 Navigation, Suite 300 / Corpus Christi, TX / 361-883-1984 June 30, 2017 Record Drawing Number WTR 467 00 0100 TABLE OF CONTENTS Table of Contents O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 000100-1 Rev 06-22-2016 Division / Section Title Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev01-13-2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev 01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest (Rev01-13-2016) 00 30 06 Non -Collusion Certification 0045 16 Statement of Experience (Rev06-22-2016) 00 52 23 Agreement (Rev 06-22-2016) 00 61 13 Performance Bond (Rev01-13-2016) 00 61 16 Payment Bond (Rev01-13-2016) 00 72 00 General Conditions (Rev 3-23-2015) 00 72 01 Insurance Requirements (Rev06-22-2016) 00 72 02 Wage Rate Requirements (Rev06-12-2015) 00 72 03 Minority / MBE / DBE Participation Policy (Rev01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 01 11 00 Summary of Work (Rev 01-13-2016) 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Rev01-13-2016) 01 31 00 Project Management and Coordination (Rev01-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register (Rev 7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 01 35 00 Special Procedures Table of Contents O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 000100-1 Rev 06-22-2016 Division / Section Title 0140 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part T Technical Specifications 46 76 11 Dredging, Dewatering, Hauling and Disposal END OF SECTION Table of Contents O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 000100-2 Rev 06-22-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2 — GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 Prosect No. E17050 A. The project generally consists of dredging, dewatering (as applicable), hauling and disposal of approximately 18,000 dry tons (DT) of water treatment plant residuals (sludge) from existing on-site storage lagoons. Bidders have the option to choose one of two disposal options. Option A is to dewater and dispose of residuals at Cefe Valenzuela Landfill. Option B is to dispose of the material by land application. The residuals will be dredged primarily from Lagoon No. 7 (Washwater Return Basin) and secondarily from Lagoon No.'s 5 and 6, as required by the Owner. All three lagoons are located on-site at O.N. Stevens Water Treatment Plant, 13101 Leopard Street, Corpus Christi, Texas (ONSWTP). The contract amount will be approximately $3.75M. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $3,750,000. The Project is to be substantially complete within a maximum of 365 days or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor. The Project is to be complete and eligible for Final Payment 30 days after their respective dates for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3 — DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday July 26, 2017 at 2:00 P.M. to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form, the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-1 Rev 01-13-2016 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 Project No. E17050 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at Wednesday July 26, 2017 at 2:00 P.M, at the following location: City Hall Building — City of Corpus Christi First Floor City Council Staff Room or Council Chambers 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 — PRE-BID CONFERENCE 4.01 A non -mandatory pre-bid conference for the Project will be held on Tuesday, July 18, 2017 at 10:00 A.M. at the following location: O.N. Stevens Water Treatment Plant Filter Building Second Floor 13101 Leopard Street Corpus Christi, Texas 78401 4.02 All prospective bidders will have the opportunity to conduct a site visit and collect residual samples immediately before and after the non -mandatory pre-bid conference. Bidders are responsible for bringing any equipment that they deem necessary for residual sampling. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-2 Rev 01-13-2016 There will be no additional sampling dates or times made available. All samples must be obtained during the following dates and times: A. Tuesday, July 18, 2017 8:00 a.m. CST to 30 minutes prior to the start of the pre-bid conference. B. Tuesday, July 18, 2017 12:00 p.m. CST to 5:00 p.m. CST ARTICLE 5 — COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6 — EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-3 Rev 01-13-2016 ARTICLE 7 — INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE $ — BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 7 below. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-4 Rev 01-13-2016 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9 — PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10 —CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly 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 Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-5 Rev 01-13-2016 convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11 MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12 — BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13 —STATEMENT OF EXPERIENCE 13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the Bids to demonstrate that the Bidder meets the minimum requirements to complete the Work. 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 will be cause to reject a Bid. ARTICLE 14 — EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. 14.04 Owner has included adjustment factors for indirect costs incurred by the Owner for each of the two bid options, Option A and Option B, respectively. The indirect costs will be added to Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-6 Rev 01-13-2016 the base bid amount for bid evaluation purposes only. The indirect cost adiustment factor dollar amounts will not be awarded or paid to the Bidder. ARTICLE 15 —AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non -conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16 —MINORITY / MBE / DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority / MBE / DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE / DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. be %. ARTICLE 17 — BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18 —SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 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. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-7 Rev 01-13-2016 ARTICLE 19 —SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20 —WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21— BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject the Bid. ARTICLE 22 — CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23 — CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24 - REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 7. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-8 Rev 01-13-2016 E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre B44 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. I. 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. J. Failure to submit Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE with the bid. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City -accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. AA 2 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 00'15 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. Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 002113-9 Rev 01-13-2016 M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non -city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City -awarded ID IQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 00 21 13 - 10 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on: Wednesday July 26, 2017 at 2:00 P.M. for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1—FY 18 (Project No. E17050). 1.01 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 - O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 Project No. E17050 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 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 Bid Acknowledgement Form 00 30 00 - 1 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev01-13-2016 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form 00 30 00 - 2 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev01-13-2016 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the 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 Bid Acknowledgement Form 00 30 00 - 3 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev01-13-2016 EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within a maximum of 365 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor, after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 395 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor, after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 — ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE 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. Bid Acknowledgement Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 003000-4 Rev 01-13-2016 ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 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. Bid Acknowledgement Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 003000-5 Rev 01-13-2016 ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: By: Name: Title: Attest: (typed or printed full legal name of Bidder) (individual's signature) (typed or printed) (typed or printed) State of Residency: Federal Tax Id. No. Address for giving notices: (individual's signature) Phone: Email: (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.) IN ACCORDANCE WITH CCR 00 21 13 § 14.03 SUBMISSION OF A BID INDICATES THE BIDDER'S ACCEPTANCE OF THE EVALUATION TECHNIQUE AND METHODOLOGY AS WELL AS THE BIDDER'S RECOGNITION THAT SOME SUBJECTIVE JUDGMENTS MUST BE MADE BY THE OWNER DURING THE EVALUATION. EACH BIDDER AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST THE OPT AND THEIR RESPECTIVE EMPLOYEES, ARISING OUT OF OR IN CONNECTION WITH THE ADMINISTRATION, EVALUATION, OR RECOMMENDATION OF ANY BID. END OF SECTION Bid Acknowledgement Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 003000-6 Rev 01-13-2016 00 30 01 BID FORM Project Name: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 Project Number: E17050 Owner: City of Corpus Christi Bidder: PART A - OPTION A - DEWATERING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) OAR: Ernesto De La Garza, P.E. Designer: LNV, Inc. Basis of Bid Item DESCRIPTION UNIT QUANTITY (BID EVALUATION ONLY - NOT FOR AWARD) UNIT PRICE EXTENDED AMOUNT Base Bid PART A - OPTION A - DEWATERING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Dredge, Dewater, and Haul Residuals: Dredge, Dewater and Haul residuals from On-site lagoons to Cefe landfill including all work and materials considered subsidiary to this bid item (subsidiary items include but are not limited to; furnishing dredge equipment, furnish and install turbidity protection for decant pump station(s), furnish and install dewatering equipment, polymer injection equipment, residual and polymer containment areas as required, filtrate return provisions, trucks, fuel, truck maintenance, maintenance of access, secondary side electrical feed for dewatering equipment, regulatory requirements, licenses and certifications as required, and residual analytical testing) as per specification, Complete in Place per Dry Ton. DT 18,000 $ $ A2 Construction Administration and Oversight Adjustment. Included for bid evaluation to account for the differing levels of construction oversight required by the Owner and Consultant. Based on Total Calendar Days for Substantial Completion. Bidder shall enter total anticipated Calendar Days $ 265.00 $ Days for Substantial Completion. Maximum Calendar Day entry is 365 Days. If no entry is made, the Maximum will be evaluated. The Calendar Days entered shall be incorporated into the Contract Documents as the Contract Time for Substantial Completion and used as the basis for milestones and Liquidated Damages. Evaluated per Calendar Day. FOR BID EVALUATION ONLY. Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) Page 1 of 5 Rev 01-13-2016 00 30 01 BID FORM A3 Water Loss Adjustment. Included for bid evaluation to account for the volume of water lost when hauled to landfill. Based on average dewatered percent solids, average dredged percent solids, and historical volumes of water dredged during residuals removal operations at ONSWTP. Evaluated per 1,000 US gallons. FOR BID EVALUATION ONLY. 1,000 GAL 13,500 $ 1.07 $ 14,445.00 A4 City Landfill Cost Adjustment. Included for bid evaluation to account for the cost benifit to the landfill realized by processing the residuals recieved into alternative daily cover to be used as a beneficial resource. Based on historical volumes of residuals delivered to Cefe Valenzuela Landfill during residuals removal projects at ONSWTP and the cost to handle, mix, and stockpile residuals for use as alternative daily cover in lieu of excavating and hauling traditional daily cover. Evaluated per Cubic Yard. FOR BID EVALUATION ONLY. CY 144,692 $ (0.50) $ (72,346.00) A5 Electrical Cost Adjustment. Included for bid evaluation to account for the electrical usage required for the dewatering operations. Based on historical electrical usage by dewatering operations at ONSWTP and current City electrical billing rate. Evaluated per Dry Ton. FOR BID EVALUATION ONLY. DT 18,000 $ 1.99 $ 35,820.00 A6 Street Maintenance Adjustment. Included for bid evaluation to account for the anticipated road deterioration associated with heavy truck traffic. Vehicle miles calculated by Bidder as total truck trips (required to haul 18,000 DT) multiplied by the number of miles per round trip to disposal site. Round trip miles to be used for OPTION A is 38 miles to Cefe Valenzuela Landfill and back to ONSWTP. Evaluated per Vehicle Mile. FOR BID EVALUATION ONLY. Vehicle Mile $ 0.09 $ SUBTOTAL PART A - OPTION A - DEWATERING (Item Al thru A6) TOTAL EXTENDED AMOUNT AND UNIT PRICE FOR PART A ARE FOR BID EVALUATION PURPOSES ONLY $ Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) Page 2 of 5 Rev 01-13-2016 00 30 01 BID FORM PART B - OPTION B - LAND APPLICATION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Dredge, Haul, and Land Apply Residuals: Dredge residuals from On-site lagoons, Dewater (as applicable), Haul, and properly dispose of residuals at TCEQ registered land application sites including all work and materials considered subsidiary to this bid item (subsidiary items include but are not limited to; furnishing dredge equipment, furnish and install turbidity protection for washwater return pump station, furnish and install dewatering equipment (as applicable), polymer injection equipment, residual and polymer containment areas as required, filtrate return provisions, trucks, fuel, truck maintenance, maintenance of access, secondary side electrical feed equipment, furnish and installation of flow meter or "legal for trade" portable truck scale including and all required ancillary parts and equipment, land application equipment, proper management of land application sites, regulatory requirements, licenses and certifications as required, and residual analytical testing) as per specification, Complete in Place per Dry Ton. DT 18,000 $ $ B2 Construction Administration and Oversight Adjustment. Included for bid evaluation to account for the differing levels of construction oversight required by the Owner and Consultant. Based on Total Calendar Days for Substantial Completion. Bidder shall enter total anticipated Calendar Days $ 265.00 $ Days for Substantial Completion. Maximum Calendar Day entry is 365 Days. If no entry is made, the Maximum will be evaluated. The Calendar Days entered shall be incorporated into the Contract Documents as the Contract Time for Substantial Completion and used as the basis for milestones and Liquidated Damages. Evaluated per Calendar Day. FOR BID EVALUATION ONLY. Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) Page 3 of 5 Rev 01-13-2016 00 30 01 BID FORM Part C - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Water Loss Adjustment. Included for bid evaluation to account for the volume of water lost when land applied. Based on average dewatered percent solids, average Mobilization, Not to Exceed 7.5% of total Bid, Complete in LS 1 $ B3 dredged percent solids, and historical volumes of water dredged during residuals removal operations at ONSWTP. 1,000 GAL 93,400 $ 1.07 $ 99,938.00 Evaluated per 1,000 US gallons. FOR BID EVALUATION ONLY. Street Maintenance Adjustment. Included for bid evaluation to account for the anticipated road deterioration associated with heavy truck traffic. Vehicle miles calculated by Bidder as total truck trips (required to haul 18,000 DT) multiplied by the number of miles per B4 round trip to disposal site. Round trip miles for OPTION B to be calculated by the Bidder as total mileage to Bidders selected land application site(s) and back to ONSWTP. Vehicle Mile $ 0.09'. $ Evaluated per Vehicle Mile. FOR BID EVALUATION ONLY. SUBTOTAL PART B - OPTION B - LAND APPLICATION (Item B1 thru B4) $ TOTAL EXTENDED AMOUNT FOR PART BIS FOR BID EVALUATION PURPOSES ONLY Part C - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Mobilization, Not to Exceed 7.5% of total Bid, Complete in LS 1 $ $ Place per Lump Sum. SUBTOTAL PART C - GENERAL (Item C1) $ Part D - ALLOWANCES (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Dredge Re -deployment including disconnection and re- routing of dredge pipeline(s), removal and re -deployment of turbidity curtain, removal and re -deploying dredge in adjacent lagoon, coordination with plant staff, any temporary or permanent access improvement required to re -deploy dredge, all labor and materials required to remove and re -deploy dredge. Complete in Place per Each. EA 2 $ 35,000.00 $ 70,000.00 SUBTOTAL PART D - ALLOWANCES (Item D1) $ 70,000,00 Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1- FY 18 (E17050) Page 4 of 5 Rev 01-13-2016 00 30 01 BID FORM BID SUMMARY SUBTOTAL PART A - OPTION A - DEWATERING (Item Al thru A6) 365 SUBTOTAL PART B - OPTION B - LAND APPLICATION (Item B1 thru B4) $ SUBTOTAL PART C - GENERAL (Item C1) $ SUBTOTAL PART D - ALLOWANCES (Item D1) $ TOTAL PROJECT BASE BID (PARTS A + C + D OR PARTS B + C + D) Total Extended Amounts (Items Al thru D1) - For Evaluation Purposes ONLY Maximum Contract Times Bidder agrees to reach Substantial Completion in 365 Days Bidder agrees to reach Final Completion in 395 Days Proposed Accelerated Schedule - Contract Times Bidder Entry Bidder agrees to reach Substantial Completion in (Bidder Entry must match entry in A2 OR B2). Days Bidder agrees to reach Final Completion in (must be 30 days after Substantial Completion). Days Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) Page 5 of 5 Rev 01-13-2016 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of ❑ Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: (typed or printed) (signature -- attach evidence of authority to sign) (typed or printed) Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02 - 1 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest City of CVii; SUPPLIER NUMBER TO BE ASSIGNED BY CI l Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other E 3. Sole Owner ❑ DISCLOSURE (QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant City of Corpus Christi Disclosure of Interest 00 30 05 - 1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 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: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. g. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 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: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 Project No. E17050 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: By: Name: Title: Business address: (typed or printed) (signature -- attach evidence of authority to sign) (typed or printed) Phone: Email: Non -Collusion Certification END OF SECTION O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 003006-1 11-25-2013 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1— REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, Bidders must complete and submit the Statement of Experience with the Bids to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience will result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2 — EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If the apparent low Bidder is not deemed responsible, the Owner may evaluate the next apparent low Bidders in order until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 00 45 16 - 1 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last five (5) years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five (5) similar projects within the last five (5) years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. Refer to Specification Section 46 7611 for the minimum requirements for the projects listed to be consider equal to or greater in size and magnitude. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non -responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3 — SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Statement of Experience 00 45 16 - 2 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5) years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10) years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4 — PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE -PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 00 45 16 - 3 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 ARTICLE 5 — WORK PLAN, PROPOSED SCHEDULE, AND SITE EXHIBIT 5.01 Refer to Specification Section 46 7611 for submittal requirements and include required documents in the statement of experience documents submitted with the bid. Statement of Experience 00 45 16 - 4 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 Table 1— Organization Information Organization doing business as: Business Address of Principal Office Telephone No. Website Form of Business (check one) ■ Corporation ■ Partnership ■ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ■ General ■ Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 004516-5 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 004516-6 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year EMR Year EMR Year EMR Subcontractor Year EMR Year EMR Year EMR Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 004516-8 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 004516-9 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 00 45 16 - 10 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑ Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑ Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑ Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes & Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 00 45 16-11 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Continued Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes ❑ No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. ❑ Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes ❑ No Statement of Experience 00 45 16 - 12 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 00 45 16 - 13 Rev 06-22-2016 ARTICLE 6 — CERTIFICATION 6.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: (typed or printed) (individual's signature) (typed or printed) Designated Representative: Name: Title: Address: (typed or printed) Telephone No.: Email: END OF SECTION Statement of Experience 00 45 16 - 14 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and Owner and Contractor agree as follows: ARTICLE 1— WORK (Contractor). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 City Proiect No. E17050 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd., Suite 300 Corpus Christi, Texas, 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza. P.E. Construction Management Engineer ErnestoDLc.... )cctexas:corn (361) 826-3555 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within a maximum of 365 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor, after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within a maximum of 395 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractorafter the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 005223-1 Rev 06-22-2016 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $500.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. 6. Contractor is Responsible for damages associated with Vehicle Miles in excess of those entered on the Bid Form for Bid Items A6 OR B5. Total Project Vehicle Miles will be determined at Project Completion and damages will be assessed at the unit cost price of Bid Items A6 OR B5 in the bid form for the quantity of excess Vehicle Miles. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 005223-2 Rev 06-22-2016 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Agreement 00 52 23 - 3 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev06-22-2016 B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 1. 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. Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 005223-4 Rev 06-22-2016 K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10 — CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR —Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; Agreement 00 52 23 - 5 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev06-22-2016 D. CITY SECRETARY for the City ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney J.H. Edmonds, P.E. Director of Engineering Services ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: Address City State Zip Phone Fax EMail END OF SECTION Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 005223-6 Rev 06-22-2016 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Performance Bond O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 006113-1 Rev 01-13-2016 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 006113-2 Rev 01-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 006116-1 Rev. 01-13-2016 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 Chapter2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 006116-2 Rev. 01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1— Definitions and Terminology 6 1.01 Defined Terms 6 1.02 Terminology 11 Article 2 — Preliminary Matters 12 2.01 Delivery of Bonds and Evidence of Insurance 12 2.02 Copies of Documents 13 2.03 Before Starting Construction 13 2.04 Preconstruction Conference; Designation of Authorized Representatives 13 Article 3 — Contract Documents: Intent, Requirements, Reuse 13 3.01 Intent 13 3.02 Reference Standards 15 3.03 Reporting and Resolving Discrepancies 15 3.04 Interpretation of the Contract Documents 16 3.05 Reuse of Documents 16 Article 4 — Commencement and Progress of the Work 16 4.01 Commencement of Contract Times; Notice to Proceed 16 4.02 Starting the Work 16 4.03 Progress Schedule 17 4.04 Delays in Contractor's Progress 17 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 18 5.01 Availability of Lands 18 5.02 Use of Site and Other Areas 18 5.03 Subsurface and Physical Conditions 19 5.04 Differing Subsurface or Physical Conditions 19 5.05 Underground Facilities 21 5.06 Hazardous Environmental Conditions at Site 22 Article 6 — Bonds and Insurance 24 6.01 Performance, Payment, and Other Bonds 24 6.02 Licensed Sureties 24 General Conditions Corpus Christi Standards - Regular Projects 007200-1 03-23-2015 6.03 Insurance 25 Article 7 — Contractor's Responsibilities 25 7.01 Supervision and Superintendence 25 7.02 Labor; Working Hours 25 7.03 Services, Materials, and Equipment 26 7.04 Concerning Subcontractors, Suppliers, and Others 26 7.05 Patent Fees and Royalties 27 7.06 Permits 28 7.07 Taxes 28 7.08 Laws and Regulations 28 7.09 Safety and Protection 29 7.10 Safety Representative 30 7.11 Hazard Communication Programs 30 7.12 Emergencies 30 7.13 Contractor's General Warranty and Guarantee 30 7.14 Indemnification 31 7.15 Delegation of Professional Design Services 32 Article 8 — Other Work at the Site 33 8.01 Other Work 33 8.02 Coordination 34 8.03 Legal Relationships 34 Article 9 — Owner's and OPT's Responsibilities 35 9.01 Communications to Contractor 35 9.02 Replacement of Owner's Project Team Members 35 9.03 Furnish Data 35 9.04 Pay When Due 35 9.05 Lands and Easements; Reports and Tests 35 9.06 Insurance 35 9.07 Modifications 35 9.08 Inspections, Tests, and Approvals 35 9.09 Limitations on OPT's Responsibilities 35 9.10 Undisclosed Hazardous Environmental Condition 36 9.11 Compliance with Safety Program 36 General Conditions Corpus Christi Standards - Regular Projects 007200-2 03-23-2015 Article 10 — OAR's and Designer's Status During Construction 36 10.01 Owner's Representative 36 10.02 Visits to Site 36 10.03 Resident Project Representatives 36 10.04 Rejecting Defective Work 36 10.05 Shop Drawings, Modifications and Payments 36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 37 Article 11— Amending the Contract Documents; Changes in the Work 37 11.01 Amending and Supplementing the Contract Documents 37 11.02 Owner -Authorized Changes in the Work 38 11.03 Unauthorized Changes in the Work 38 11.04 Change of Contract Price 39 11.05 Change of Contract Times 40 11.06 Change Proposals 40 11.07 Execution of Change Orders 40 11.08 Notice to Surety 41 Article 12 — Claims 42 12.01 Claims 42 12.02 Claims Process 42 Article 13 — Cost of the Work; Allowances; Unit Price Work 43 13.01 Cost of the Work 43 13.02 Allowances 46 13.03 Unit Price Work 46 13.04 Contingencies 47 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 47 14.01 Access to Work 47 14.02 Tests, Inspections, and Approvals 47 14.03 Defective Work 48 14.04 Acceptance of Defective Work 49 14.05 Uncovering Work 49 14.06 Owner May Stop the Work 49 14.07 Owner May Correct Defective Work 50 General Conditions Corpus Christi Standards - Regular Projects 007200-3 03-23-2015 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 50 15.01 Progress Payments 50 15.02 Contractor's Warranty of Title 52 15.03 Substantial Completion 52 15.04 Partial Utilization 53 15.05 Final Inspection 53 15.06 Final Payment 53 15.07 Waiver of Claims 54 15.08 Correction Period 54 Article 16 — Suspension of Work and Termination 55 16.01 Owner May Suspend Work 55 16.02 Owner May Terminate for Cause 55 16.03 Owner May Terminate For Convenience 56 Article 17 — Final Resolution of Disputes 57 17.01 Methods and Procedures 57 Article 18 — Miscellaneous 57 18.01 Computation of Times 57 18.02 Owner's Right to Audit Contractor's Records 57 18.03 Independent Contractor 58 18.04 Cumulative Remedies 58 18.05 Limitation of Damages 58 18.06 No Waiver 58 18.07 Severability 58 18.08 Survival of Obligations 59 18.09 No Third Party Beneficiaries 59 18.10 Assignment of Contract 59 18.11 No Waiver of Sovereign Immunity 59 18.12 Controlling Law 59 18.13 Conditions Precedent to Right to Sue 59 18.14 Waiver of Trial by Jury 59 18.15 Attorney Fees 59 18.16 Compliance with Laws 59 18.17 Enforcement 60 General Conditions Corpus Christi Standards - Regular Projects 007200-4 03-23-2015 18.18 Subject to Appropriation 60 18.19 Contract Sum 60 18.20 Contractor's Guarantee as Additional Remedy 60 General Conditions Corpus Christi Standards - Regular Projects 007200-5 03-23-2015 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-6 03-23-2015 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 007200-7 03-23-2015 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-8 03-23-2015 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions Corpus Christi Standards - Regular Projects 007200-9 03-23-2015 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder -The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-10 03-23-2015 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable/' "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 11 03-23-2015 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-12 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00-13 03-23-2015 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-14 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions Corpus Christi Standards - Regular Projects 00 72 00-15 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-16 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00-17 03-23-2015 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; c. Damage to other adjacent land or areas; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00-18 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00-19 03-23-2015 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-20 03-23-2015 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 03-23-2015 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions Corpus Christi Standards - Regular Projects 00 72 00-22 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-23 03-23-2015 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 24 03-23-2015 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-25 03-23-2015 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.B 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-26 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-27 03-23-2015 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. 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. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-28 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-29 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions Corpus Christi Standards - Regular Projects 00 72 00-30 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. To THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH, OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE I5 ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE (I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, OR (III) THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (I) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II) CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS, OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10 -day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-32 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's General Conditions Corpus Christi Standards - Regular Projects 00 72 00-33 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 34 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-35 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-36 03-23-2015 C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-37 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner -Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-38 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01. D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00-39 03-23-2015 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 40 03-23-2015 2. Changes in Contract Price resulting from Owner set -offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-41 03-23-2015 ARTICLE 12 — CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. F. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. G. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 43 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 44 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 03-23-2015 data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.B.1 and 13.02.B.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 03-23-2015 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination General Conditions Corpus Christi Standards - Regular Projects 00 72 00-47 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 48 03-23-2015 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 03-23-2015 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-50 03-23-2015 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; g. k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-51 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; P. q. Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-52 03-23-2015 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1 -year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-53 03-23-2015 C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 54 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-55 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-56 03-23-2015 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18 — MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions Corpus Christi Standards - Regular Projects 00 72 00-57 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-58 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-59 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract, with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 60 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim A Required ❑ Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents ❑ Required L Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price L Required ❑ Not Required Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-1 Rev 06-22-2016 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-2 Rev 06-22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-3 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-4 Rev 06-22-2016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-5 Rev 06-22-2016 endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-6 Rev 06-22-2016 property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.06 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2 — EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-7 Rev 06-22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. ARTICLE 3 —TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-8 Rev 06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 007201-9 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 00 72 01-10 Rev 06-22-2016 Definitions/Glossary Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant W IIIIii toolr General Chemistry Qualifier Qualifier Description TestAmerica Job ID: 560-66869-1 HF J Field parameter with a holding time of 15 minutes. Test performed by laboratory at client's request. Result is less than the RL but greater than or equal to the MDL and the concentration is an approximate value. Abbreviation These commonly used abbreviations may or may not be present in this report. Listed under the "D" column to designate that the result is reported on a dry weight basis %R Percent Recovery CFL Contains Free Liquid CNF Contains no Free Liquid DER Duplicate error ratio (normalized absolute difference) Dil Fac Dilution Factor DL, RA, RE, IN Indicates a Dilution, Re -analysis, Re -extraction, or additional Initial metals/anion analysis of the sample DLC Decision level concentration MDA Minimum detectable activity EDL Estimated Detection Limit MDC Minimum detectable concentration MDL Method Detection Limit ML Minimum Level (Dioxin) NC Not Calculated ND Not detected at the reporting limit (or MDL or EDL if shown) PQL Practical Quantitation Limit QC Quality Control RER Relative error ratio RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) Page 2 of 23 TestAmerica Corpus Christi 11111111'11111911111 11111 C IIP3 1112 C IIIh'IIII IIP31111'99911 ""t"" IS '1 r9� GI111911111 2 X 111111 23 3/22/2017 Case Narrative Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Job IIIIIID', 56„.rrr Laboratory: TestAmerica Corpus Christi Narrative TestAmerica Job ID: 560-66869-1 Job Narrative 560-66869-1 Comments No additional comments. Receipt The sample was received on 3/10/2017 10:55 AM; the sample arrived in good condition, properly preserved and, where required, on ice. The temperature of the cooler at receipt was 5.2° C. GC/MS VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. GC/MS Semi VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. GC Semi VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Metals No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. General Chemistry Method 9045D: This analysis is normally performed in the field and has a method -defined holding time of 15 minutes. The following sample has been qualified with the "HF flag to indicate analysis was performed in the laboratory outside the 15 minute timeframe: Sludge (560-66869-1). No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. Organic Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Page 3 of 23 DoDOENDoUNII tfestAmerica Corpus Christi Clllh lllllll'31111911111tq""f"" IS 1 3/22/2017 III°GE, 3 to, 23 Detection Summary Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant TestAmerica Job ID: 560-66869-1 Client Ca [11 II III A, 00 E, ca I nog II III , IIII II S) Analyte Result Qualifier RL MDL Unit Dil Fac D Method Prep Type Arsenic Barium Selenium corrosivity by pH Flashpoint 0.0462 0.920 0.0146 7.1 HF >212 This Detection Summary does not include radiochemical test results. 0.0100 0.00350 mg/L 0.0100 0.00200 mg/L 0.0100 0.00420 mg/L 0.1 0.1 SU 70.0 70.0 Degrees F Page 4 of 23 1 6010B 1 6010B 1 6010B 1 9045D 1 D92 TCLP TCLP TCLP Total/NA Total/NA TestAmerica Corpus Christi 11111111'1 Illl''111111 11111 C IIP3 1112 CIIII°^IIII IIP311111111111 4""t"" IS '1 GI111911111 4 X 111111 23 3/22/2017 Client Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant CIII iii a ul nog IIr III A 00 0D III u odtrm: , c Gail 0/17 08 00 OMR Re 03/10/1" 10 55 Method: 8260B - Volatile Organic Compounds (GC/MS) - TCLP Analyte Result Qualifier RL MDL Unit TestAmerica Job ID: 560-66869-1 ILa0 IIYino plll , 101010[) , 56() math3 IIIIiia1 D Prepared Analyzed Dil Fac Benzene Carbon tetrachloride Chlorobenzene Chloroform 1,2-Dichloroethane 1,1-Dichloroethene 2-Butanone (MEK) Tetrachloroethene Trichloroethene Vinyl chloride 1,4 -Dichlorobenzene Surrogate <0.0500 <0.0250 <0.0250 <0.0250 <0.0250 <0.0250 <0.100 <0.0250 <0.0250 <0.0250 <0.0250 0.0500 0.0250 0.0250 0.0250 0.0250 0.0250 0.100 0.0250 0.0250 0.0250 0.0250 0.00165 mg/L 0.00126 mg/L 0.000680 mg/L 0.00100 mg/L 0.000800 mg/L 0.00150 mg/L 0.00500 mg/L 0.000945 mg/L 0.00159 mg/L 0.00150 mg/L 0.00100 mg/L 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 03/14/17 14:41 5 %Recovery Qualifier Limits Prepared Analyzed Dil Fac Dibromofluoromethane (Surr) 101 69 -130 03/14/17 14:41 5 Toluene -d8 (Surr) 98 70 -130 03/14/17 14:41 5 4-Bromofluorobenzene (Surr) 105 70 -130 03/14/17 14:41 5 1,2-Dichloroethane-d4 (Surr) 102 70-140 03/14/17 14:41 5 Method: 8270C - Semivolatile Organic Compounds (GC/MS) - TCLP Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac 2,4-Dinitrotoluene <0.100 0.100 0.00383 mg/L 03/14/17 10:30 03/15/17 12:38 1 Hexachlorobenzene <0.100 0.100 0.00652 mg/L 03/14/17 10:30 03/15/17 12:38 1 Hexachloro-1,3-butadiene <0.100 0.100 0.0100 mg/L 03/14/17 10:30 03/15/17 12:38 1 Hexachloroethane <0.100 0.100 0.0100 mg/L 03/14/17 10:30 03/15/17 12:38 1 Nitrobenzene <0.100 0.100 0.00336 mg/L 03/14/17 10:30 03/15/17 12:38 1 Pyridine <0.100 0.100 0.0223 mg/L 03/14/17 10:30 03/15/17 12:38 1 2-Methylphenol <0.100 0.100 0.00486 mg/L 03/14/17 10:30 03/15/17 12:38 1 3 & 4 Methylphenol <0.200 0.200 0.00881 mg/L 03/14/17 10:30 03/15/17 12:38 1 Pentachlorophenol <0.400 0.400 0.100 mg/L 03/14/17 10:30 03/15/17 12:38 1 2,4,5 -Trichlorophenol <0.100 0.100 0.00396 mg/L 03/14/17 10:30 03/15/17 12:38 1 2,4,6 -Trichlorophenol <0.100 0.100 0.00393 mg/L 03/14/17 10:30 03/15/17 12:38 1 Surrogate %Recovery Qualifier Limits Prepared Analyzed Dil Fac Nitrobenzene -d5 85 27.130 03/14/1710:30 03/15/1712:38 1 2-Fluorobiphenyl 83 23.130 03/14/17 10:30 03/15/17 12:38 1 Terphenyl-d14 84 10.141 03/14/1710:30 03/15/1712:38 1 Phenol -d5 71 10.130 03/14/1710:30 03/15/1712:38 1 2-Fluorophenol 70 10.130 03/14/17 10:30 03/15/17 12:38 1 2,4,6-Tribromophenol 91 18.130 03/14/17 10:30 03/15/17 12:38 1 Method: 8081B - Organochlorine Pesticides (GC) - TCLP Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Chlordane (technical) <0.000579 0.000579 0.000145 mg/L 03/15/17 10:14 03/16/17 15:59 1 Toxaphene <0.00579 0.00579 0.000656 mg/L 03/15/17 10:14 03/16/17 15:59 1 Endrin <0.0000579 0.0000579 0.0000074 mg/L 03/15/17 10:14 03/16/17 15:59 1 2 Heptachlor <0.0000579 0.0000579 0.0000062 mg/L 03/15/17 10:14 03/16/17 15:59 1 7 Heptachlor epoxide <0.0000579 0.0000579 0.0000050 mg/L 03/15/17 10:14 03/16/17 15:59 1 1 Page 5 of 23 TestAmerica Corpus Christi III 1IIII''Nb IIIC'l IIII''Nb C hill 1112 CIIII°°IIII III'IIIPllllll""t"" IS '1 rClllllllllll5 23 3/22/2017 Client Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant COI iii a Ilri t Ca dipole Cludge IDW I: , f; Gail 0/17 08 00 tee Re 03/10/1" 10 55 Method: 8081B - Organochlorine Pesticides (GC) - TCLP (Continued) Analyte Result Qualifier RL MDL Unit TestAmerica Job ID: 560-66869-1 ILa 111 ` Innol E! IMly turx Ss1IIId D Prepared Analyzed Dil Fac gamma -BHC (Lindane) Methoxychlor Surrogate <0.0000579 <0.0000579 0.0000579 0.0000043 mg/L 4 0.0000579 0.0000096 mg/L 03/15/17 10:14 03/16/17 15:59 1 4 03/15/17 10:14 03/16/17 15:59 1 %Recovery Qualifier Limits DCB Decachlorobiphenyl Tetrachloro-m-xylene Prepared Analyzed Dil Fac 55 10.152 03/15/1710:14 03/16/1715:59 1 85 57.127 03/15/1710:14 03/16/1715:59 1 Method: 8151A - Herbicidas (GC) - TCLP Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac 2,4-D Silvex (2,4,5 -TP) Surrogate <0.00100 0.00100 0.000200 mg/L 03/16/17 15:30 03/21/17 15:29 1 <0.00100 0.00100 0.000100 mg/L 03/16/17 15:30 03/21/17 15:29 1 %Recovery Qualifier Limits Prepared Analyzed Dil Fac 2,4-Dichlorophenylacetic acid 30 10 -125. 03/16/17 15:30 03/21/17 15:29 1 2 Method: TX 1005 - Texas - Total Petroleum Hydrocarbon (GC) Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac >C12 -C28 <50.2 50.2 10.0 mg/Kg 03/10/17 14:05 03/13/17 10:49 1 >C28 -C35 <50.2 50.2 10.0 mg/Kg 03/10/17 14:05 03/13/17 10:49 1 C6 -C12 <50.2 50.2 10.0 mg/Kg 03/10/17 14:05 03/13/17 10:49 1 Total Petroleum Hydrocarbons <50.2 50.2 10.0 mg/Kg 03/10/17 14:05 03/13/17 10:49 1 (C6 -C35) Surrogate %Recovery Qualifier Limits Prepared Analyzed Dil Fac o-Terphenyl 1-Chlorooctane (Surr) 90 70 -130 03/10/17 14:05 03/13/17 10:49 1 90 70 -130 03/10/17 14:05 03/13/17 10:49 1 Method: 6010B - Metals (ICP) - TCLP Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Silver <0.00500 0.00500 0.00100 mg/L 03/14/17 10:00 03/14/17 16:02 1 Arsenic 0.0462 0.0100 0.00350 mg/L 03/14/17 10:00 03/14/17 16:02 1 Barium 0.920 0.0100 0.00200 mg/L 03/14/17 10:00 03/14/17 16:02 1 Cadmium <0.00500 0.00500 0.000340 mg/L 03/14/17 10:00 03/14/17 16:02 1 Chromium <0.0100 0.0100 0.00110 mg/L 03/14/17 10:00 03/14/17 16:02 1 Lead <0.0100 0.0100 0.00330 mg/L 03/14/17 10:00 03/14/17 16:02 1 Selenium 0.0146 0.0100 0.00420 mg/L 03/14/17 10:00 03/14/17 16:02 1 Method: 7470A - Mercury (CVAA) - TCLP Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Mercury <0.00200 0.00200 0.000130 mg/L 03/14/17 08:30 03/14/17 15:05 1 General Chemistry Analyte Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Cyanide, Reactive Sulfide, Reactive corrosivity by pH Flashpoint <160 160 0.320 mg/Kg 03/13/17 12:36 03/15/17 15:01 1 <160 160 0.320 mg/Kg 03/13/1710:30 03/15/1713:35 1 7.1 HF 0.1 0.1 SU 03/10/1715:41 1 >212 70.0 70.0 Degrees F 03/13/17 10:35 1 Page 6 of 23 TestAmerica Corpus Christi III 11111''1 IIIC'llllll 1 11111'1 C hill 1112 CIIII°°IIII IIPillIPlllllll' ""1"" IS '1 r VIII...... 6IIII''°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method: 26 ()IIF' Volatile 'iroc, an Lab Sample ID: MB 560-137528/8 Matrix: Solid Analysis Batch: 137528 Analyte MB MB Result Qualifier RL MDL Unit 0.0100 0.000330 mg/L Benzene Carbon tetrachloride Chlorobenzene Chloroform 1,2-Dichloroethane 1,1-Dichloroethene 2-Butanone (MEK) Tetrachloroethene Trichloroethene Vinyl chloride 1,4 -Dichlorobenzene <0.0100 <0.00500 <0.00500 <0.00500 <0.00500 <0.00500 <0.0200 <0.00500 <0.00500 <0.00500 <0.00500 MB MB Surrogate %Recovery Dibromofluoromethane (Surr) Toluene -d8 (Surr) 4-Bromofluorobenzene (Surr) 1,2-Dichloroethane-d4 (Surr) Lab Sample ID: LCS 560-137528/3 Matrix: Solid Analysis Batch: 137528 Analyte 97 97 107 106 0.00500 0.000251 mg/L 0.00500 0.000136 mg/L 0.00500 0.000200 mg/L 0.00500 0.000160 mg/L 0.00500 0.000300 mg/L 0.0200 0.00100 mg/L 0.00500 0.000189 mg/L 0.00500 0.000317 mg/L 0.00500 0.000300 mg/L 0.00500 0.000200 mg/L Qualifier Limits 69-130 70-130 70-130 70-140 Benzene Carbon tetrachloride Chlorobenzene Chloroform 1,2-Dichloroethane 1,1-Dichloroethene 2-Butanone (MEK) Tetrachloroethene Trichloroethene Vinyl chloride 1,4 -Dichlorobenzene Surrogate TestAmerica Job ID: 560-66869-1 Client Sample ID: Method Blank Prep Type: Total/NA D Prepared Analyzed Dil Fac 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 Prepared Analyzed Dil Fac 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 03/14/17 13:00 1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Spike LCS LCS Added Result Qualifier Unit 0.0250 0.02572 mg/L 0.0250 0.02673 mg/L 0.0250 0.02413 mg/L 0.0250 0.02569 mg/L 0.0250 0.02566 mg/L 0.0250 0.02459 mg/L 0.0250 0.02161 mg/L 0.0250 0.02210 mg/L 0.0250 0.02532 mg/L 0.0250 0.02610 mg/L 0.0250 0.02384 mg/L LCS LCS %Recovery Qualifier Limits Dibromofluoromethane (Surr) Toluene -d8 (Surr) 4-Bromofluorobenzene (Surr) 1,2-Dichloroethane-d4 (Surr) 103 98 101 102 Lab Sample ID: LB 560-137516/1-A Matrix: Solid Analysis Batch: 137528 Analyte LB LB Result Qualifier 69.130 70.130 70.130 70-140 RL MDL Unit %Rec. D %Rec Limits 103 70-130 107 70-138 97 70-130 103 70.130 103 70.131 98 70.139 86 68-144 88 70-135 101 70-130 104 49-140 95 70-130 Client Sample ID: Method Blank Prep Type: TCLP D Prepared Analyzed Dil Fac Benzene <0.0500 0.0500 0.00165 mg/L Page 7 of 23 03/14/17 12:35 5 TestAmerica Corpus Christi III 1IIII''Nb IIIC'IIIIIL IIII''Nb hill 1112 Clllh°°IIIIIII'31IIPlIIIIL""1"" IS '1 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method 60IE Volatile 'iulrgan Lab Sample ID: LB 560-137516/1-A Matrix: Solid Analysis Batch: 137528 Analyte ;rim po LB LB Result Qualifier n is „,onti /ruck TestAmerica Job ID: 560-66869-1 Client Sample ID: Method Blank Prep Type: TCLP RL MDL Unit D Prepared Analyzed Dil Fac Carbon tetrachloride <0.0250 0.0250 0.00126 mg/L Chlorobenzene <0.0250 0.0250 0.000680 mg/L Chloroform <0.0250 0.0250 0.00100 mg/L 1,2-Dichloroethane <0.0250 0.0250 0.000800 mg/L 1,1-Dichloroethene <0.0250 0.0250 0.00150 mg/L 2-Butanone (MEK) <0.100 0.100 0.00500 mg/L Tetrachloroethene <0.0250 0.0250 0.000945 mg/L Trichloroethene <0.0250 0.0250 0.00159 mg/L Vinyl chloride <0.0250 0.0250 0.00150 mg/L 1,4 -Dichlorobenzene <0.0250 0.0250 0.00100 mg/L Surrogate 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 03/14/1712:35 5 LB LB %Recovery Qualifier Limits Prepared Analyzed Dil Fac Dibromofluoromethane (Surr) Toluene -d8 (Surr) 4-Bromofluorobenzene (Surr) 1,2-Dichloroethane-d4 (Surr) 98 98 111 103 Met h. d 2"7 0C ,iv.III t virga n i` i Lab Sample ID: LCS 560-137554/2-A Matrix: Solid Analysis Batch: 137570 Analyte 69.130 70.130 70.130 70-140 oIlrinolI°pouulnds /II 2,4-Dinitrotoluene Hexachlorobenzene Hexachloro-1,3-butadiene Hexachloroethane Nitrobenzene Pyridine 2-Methylphenol 3 & 4 Methylphenol Pentachlorophenol 2,4,5 -Trichlorophenol 2,4,6 -Trichlorophenol Surrogate 03/14/17 12:35 03/14/17 12:35 03/14/17 12:35 03/14/17 12:35 5 5 5 5 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137554 %Rec. D %Rec Limits Spike LCS LCS Added Result Qualifier Unit 2.00 1.865 mg/L 2.00 1.952 mg/L 2.00 1.607 mg/L 2.00 1.434 mg/L 2.00 1.657 mg/L 2.00 1.351 mg/L 2.00 1.734 mg/L 2.00 1.733 mg/L 4.00 3.479 mg/L 2.00 1.857 mg/L 2.00 1.968 mg/L LCS LCS %Recovery Qualifier Limits Nitrobenzene -d5 81 27 -130 2-Fluorobiphenyl 78 23 - 130 Terphenyl-d14 94 10- 141 Phenol -d5 74 10.130 2-Fluorophenol 63 10. 130 2, 4, 6-Tribromophenol 94 18. 130 Page 8 of 23 93 51-120 98 52-120 80 27-120 72 28-120 83 44-120 68 30-150 87 38.120 87 32.120 87 38.120 93 49-120 98 49-126 TestAmerica Corpus Christi III I IIII''I IIIC'l IIII''I hill 11 3 Clllh°°1111111"rIIIPIIIIIL'""1"" IS '1 rIIIIIIIIIIL IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method 8 U( " vo t i Ole IIIrr, a n ii;alai llpc un i /IIS ,o ur t i n uu Lab Sample ID: LB 560-137514/1-D Matrix: Solid Analysis Batch: 137570 Analyte 2,4-Dinitrotoluene Hexachlorobenzene Hexachloro-1,3-butadiene Hexachloroethane Nitrobenzene Pyridine 2-Methylphenol 3 & 4 Methylphenol Pentachlorophenol 2,4,5 -Trichlorophenol 2,4,6 -Trichlorophenol Surrogate LB LB Result Qualifier <0.100 <0.100 <0.100 <0.100 <0.100 <0.100 <0.100 <0.200 <0.400 <0.100 <0.100 LB %Recovery RL MDL Unit 0.100 0.00383 mg/L 0.100 0.00652 mg/L 0.100 0.0100 mg/L 0.100 0.0100 mg/L 0.100 0.00336 mg/L 0.100 0.0223 mg/L 0.100 0.00486 mg/L 0.200 0.00881 mg/L 0.400 0.100 mg/L 0.100 0.00396 mg/L 0.100 0.00393 mg/L LB Qualifier Limits Nitrobenzene -d5 2-Fluorobiphenyl Terphen yl -d 14 Phenol -d5 2-Fluorophenol 2,4, 6-Tribromophenol 84 84 99 74 68 88 Metal hod: 808'1 II I ulrgaInocIthIlioulrliiIne IIPe Lab Sample ID: LCS 560-137571/2-A Matrix: Solid Analysis Batch: 137609 Analyte 27-130 23-130 10-141 10-130 10-130 18-130 Spike Added TestAmerica Job ID: 560-66869-1 Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 137554 D Prepared 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 03/14/17 10:30 Analyzed Dil Fac 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 03/15/17 10:29 1 Prepared Analyzed Dil Fac 03/14/17 10:30 03/15/17 10:29 03/14/17 10:30 03/15/17 10:29 03/14/17 10:30 03/15/17 10:29 03/14/17 10:30 03/15/17 10:29 03/14/17 10:30 03/15/17 10:29 03/14/17 10:30 03/15/17 10:29 1 1 1 1 1 1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137571 %Rec. Limits LCS LCS Result Qualifier Unit Endrin Heptachlor epoxide gamma -BHC (Lindane) Methoxychlor Surrogate 0.000571 0.000571 0.000571 0.000571 LCS LCS %Recovery Qualifier Limits DCB Decachlorobiphenyl Tetrachloro-m-xylene 87 92 Lab Sample ID: LCS 560-137571/3-A Matrix: Solid Analysis Batch: 137609 Surrogate 10-152 57-127 LCS LCS %Recovery Qualifier Limits DCB Decachlorobiphenyl Tetrachloro-m-xylene 79 86 10-152 57-127 0.0004256 0.0004494 0.0004742 0.0004318 Page 9 of 23 mg/L mg/L mg/L mg/L D %Rec 74 79 83 76 62.130 53.130 56.130 57-130 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137571 TestAmerica Corpus Christi III I IIII''I IIIC'l IIII''I hill 1112 Clllh°°IIIIIII'31IIPlIIIIL""1"" IS '1 rIIIIIIIIIIL IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant l\ if d urs, IrmchIIIcIurliine II Lab Sample ID: LCS 560-137571/4-A Matrix: Solid Analysis Batch: 137609 Surrogate sI;lic lii c ;oIlitiln Lied LCS LCS %Recovery Qualifier Limits DCB Decachlorobiphenyl Tetrachloro-m-xylene Lab Sample ID: LB 560-137514/1-E Matrix: Solid Analysis Batch: 137609 Analyte 79 10-152 85 57-127 TestAmerica Job ID: 560-66869-1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137571 Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 137571 LB LB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Chlordane (technical) <0.000600 0.000600 0.000150 mg/L 03/15/17 10:14 03/16/17 14:34 1 Toxaphene <0.00600 0.00600 0.000680 mg/L 03/15/17 10:14 03/16/17 14:34 1 Endrin <0.0000600 0.0000600 0.0000077 mg/L 03/15/17 10:14 03/16/17 14:34 1 0 Heptachlor <0.0000600 0.0000600 0.0000065 mg/L 03/15/17 10:14 03/16/17 14:34 1 0 Heptachlor epoxide <0.0000600 0.0000600 0.0000052 mg/L 03/15/17 10:14 03/16/17 14:34 1 0 gamma -BHC (Lindane) <0.0000600 0.0000600 0.0000045 mg/L 03/15/17 10:14 03/16/17 14:34 1 0 Methoxychlor <0.0000600 0.0000600 0.0000100 mg/L 03/15/17 10:14 03/16/17 14:34 1 Surrogate LB LB %Recovery Qualifier Limits DCB Decachlorobiphenyl Tetrachloro-m-xylene Method 8151A OFierbiaiii Lab Sample ID: MB 600-208772/1-A Matrix: Solid Analysis Batch: 208987 Analyte 2,4-D Silvex (2,4,5 -TP) Surrogate Prepared Analyzed Dil Fac 81 10.152 03/15/1710:14 03/16/1714:34 1 86 57.127 03/15/17 10:14 03/16/17 14:34 1 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 208772 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac <0.000200 0.000200 0.0000400 mg/L 03/16/17 15:20 03/21/17 10:26 1 <0.000200 0.000200 0.0000200 mg/L 03/16/17 15:20 03/21/17 10:26 1 MB MB %Recovery Qualifier Limits Prepared Analyzed Dil Fac 2,4-Dichlorophenylacetic acid 104 10.125. 2 03/16/17 15:20 03/21/17 10:26 1 Lab Sample ID: LCS 600-208772/2-A Client Sample ID: Lab Control Sample Matrix: Solid Prep Type: Total/NA Analysis Batch: 208987 Prep Batch: 208772 Spike LCS LCS %Rec. Analyte Added Result Qualifier Unit D %Rec Limits 2,4-D 0.000800 0.0007346 mg/L 92 25 - 151 Silvex (2,4,5 -TP) 0.000800 0.0007303 mg/L 91 47- 136 Page 10 of 23 TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'IIIIIL IIII''Nb C hill 11 C IIIh^IIII IIP' r IIIPIIIIIL ' ""t"" IS '1 rCIIIIIIIIIIL '1�� IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method: - °H" ,lurll liicliid Lab Sample ID: LCS 600-208772/2-A Matrix: Solid Analysis atch: 208987 Surrogate o uirt i llr Li e d LCS LCS %Recovery Qualifier Limits 2,4-Dichlorophenylacetic acid 100 10-125. Lab Sample ID: LB 600-208642/1-H Matrix: Solid Analysis Batch: 208987 Analyte 2 TestAmerica Job ID: 560-66869-1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 208772 Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 208772 LB LB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac 2,4-D <0.00100 0.00100 0.000200 mg/L 03/16/17 15:21 03/21/17 11:16 1 Silvex (2,4,5 -TP) <0.00100 0.00100 0.000100 mg/L 03/16/17 15:21 03/21/17 11:16 1 Surrogate LB LB %Recovery Qualifier Limits Prepared Analyzed Dil Fac 2,4-Dichlorophenylacetic acid Lab Sample ID: LB 600-208726/1-F Matrix: Solid Analysis Batch: 208987 Analyte 53 10 - 125. 03/16/17 15:21 03/21/17 11:16 1 2 Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 208772 LB LB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac 2,4-D Silvex (2,4,5 -TP) Surrogate <0.00100 0.00100 0.000200 mg/L 03/16/17 15:21 03/21/17 13:47 1 <0.00100 0.00100 0.000100 mg/L LB LB %Recovery Qualifier Limits 2,4-Dichlorophenylacetic acid Method: T 03/16/17 15:21 03/21/17 13:47 1 Prepared Analyzed Dil Fac 44 10 - 125. 03/16/17 15:21 03/21/17 13:47 1 2 'Total IlPetroIII urinol rllboIli Lab Sample ID: MB 560-137462/1-A Matrix: Solid Analysis Batch: 137484 Analyte Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137462 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac >C12 -C28 <50.0 50.0 10.0 mg/Kg 03/10/17 14:05 03/13/17 09:18 1 >C28 -C35 <50.0 50.0 10.0 mg/Kg 03/10/17 14:05 03/13/17 09:18 1 C6 -C12 <50.0 50.0 10.0 mg/Kg 03/10/17 14:05 03/13/17 09:18 1 Total Petroleum Hydrocarbons <50.0 50.0 10.0 mg/Kg 03/10/17 14:05 03/13/17 09:18 1 (C6 -C35) Surrogate MB MB %Recovery Qualifier Limits Prepared Analyzed Dil Fac o-Terphenyl 1-Chlorooctane (Surr) 86 70.130 03/10/17 14:05 03/13/17 09:18 1 87 70.130 03/10/17 14:05 03/13/17 09:18 1 Page 11 of 23 TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'IIIIIL IIII''Nb C hill 11 C IIIh^IIII IIP' r IIIPIIIIIL ' ""t"" IS '1 rCIIIIIIIIIIL '1 '1 IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant M1th1d', Y Lab Sample ID: LCS 560-137462/2-A Matrix: Solid Analysis Batch: 137484 Analyte Pe'll;ulro Ille u1u uY a Alba Ili Spike Added LCS LCS TestAmerica Job ID: 560-66869-1 l:1 Ilni't111 Ilii WJu ec Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137462 %Rec. Result Qualifier Unit D %Rec Limits Total Petroleum Hydrocarbons (C6 -C35) Surrogate 250 LCS LCS %Recovery Qualifier Limits o-Terphenyl 1-Chlorooctane (Surr) 88 91 Lab Sample ID: LCSD 560-137462/3-A Matrix: Solid Analysis Batch: 137484 Analyte 70-130 70-130 Spike Added 225.4 mg/Kg 90 75-125 Client Sample ID: Lab Control Sample Dup Prep Type: Total/NA Prep Batch: 137462 LCSD LCSD Result Qualifier Unit D %Rec % Rec. Limits RPD RPD Limit Total Petroleum Hydrocarbons (C6 -C35) Surrogate 250 LCSD LCSD %Recovery Qualifier Limits o-Terphenyl 1-Chlorooctane (Surr) Method 60010II Meta Is (IIII CIP Lab Sample ID: MB 560-137538/1-A Matrix: Solid Analysis Batch: 137546 Analyte 75 76 MB MB Result Qualifier 70.130 70.130 RL 190.9 MDL Unit mg/Kg 76 75-125 17 20 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137538 D Prepared Analyzed Dil Fac Silver Arsenic Barium Cadmium Chromium Lead Selenium <0.00500 <0.0100 <0.0100 <0.00500 <0.0100 <0.0100 <0.0100 Lab Sample ID: LCS 560-137538/2-A Matrix: Solid Analysis Batch: 137546 Analyte Silver Arsenic Barium Cadmium Chromium Lead Selenium 0.00500 0.00100 mg/L 0.0100 0.00350 mg/L 0.0100 0.00200 mg/L 0.00500 0.000340 mg/L 0.0100 0.00110 mg/L 0.0100 0.00330 mg/L 0.0100 0.00420 mg/L 03/14/17 10:00 03/14/17 10:00 03/14/17 10:00 03/14/17 10:00 03/14/17 10:00 03/14/17 10:00 03/14/17 10:00 Client Sample ID: Spike LCS LCS Added Result Qualifier Unit 0.250 0.2211 mg/L 0.250 0.2507 mg/L 0.250 0.2577 mg/L 0.250 0.2439 mg/L 0.250 0.2515 mg/L 0.250 0.2566 mg/L 0.250 0.2490 mg/L Page 12 of 23 D %Rec 03/14/17 15:10 1 03/14/17 15:10 1 03/14/17 15:10 1 03/14/17 15:10 1 03/14/17 15:10 1 03/14/17 15:10 1 03/14/17 15:10 1 Lab Control Sample Prep Type: Total/NA Prep Batch: 137538 % Rec. Limits 88 80.120 100 80.120 103 80.120 98 80-120 101 80-120 103 80-120 100 80-120 TestAmerica Corpus Christi IIII''11111''1111C'1111111 11111:1 C IIP3 1112 C IIII°°IIII III'3IIIP1111111' ""1"" '1''1' 1 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant I\ tI d ( ° E taIIIs (IIIICIIF' (Couirll;li llivuec Lab Sample ID: LB 560-137514/1-B Matrix: Solid Analysis Batch: 137546 Analyte TestAmerica Job ID: 560-66869-1 Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 137538 LB LB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac 0.00500 0.00100 mg/L 03/14/17 10:00 03/14/17 16:06 1 Silver Arsenic Barium Cadmium Chromium Lead Selenium Method "70 Mer <0.00500 <0.0100 <0.0100 <0.00500 <0.0100 <0.0100 <0.0100 Lab Sample ID: MB 560-137540/28-A Matrix: Solid Analysis Batch: 137553 Analyte 0.0100 0.00350 mg/L 03/14/17 10:00 03/14/17 16:06 1 0.0100 0.00200 mg/L 03/14/17 10:00 03/14/17 16:06 1 0.00500 0.000340 mg/L 03/14/17 10:00 03/14/17 16:06 1 0.0100 0.00110 mg/L 03/14/17 10:00 03/14/17 16:06 1 0.0100 0.00330 mg/L 03/14/17 10:00 03/14/17 16:06 1 0.0100 0.00420 mg/L 03/14/17 10:00 03/14/17 16:06 1 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137540 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Mercury <0.00200 0.00200 0.000130 mg/L 03/14/17 08:30 03/14/17 14:49 1 Lab Sample ID: MB 560-137540/4-A Matrix: Solid Analysis Batch: 137553 Analyte Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137540 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Mercury <0.00200 0.00200 0.000130 mg/L 03/14/17 08:30 03/14/17 13:52 1 Lab Sample ID: LCS 560-137540/29-A Matrix: Solid Analysis Batch: 137553 Analyte Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137540 Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits Mercury 0.00500 0.004850 mg/L 97 80 - 120 Lab Sample ID: LCS 560-137540/5-A Matrix: Solid Analysis Batch: 137553 Analyte Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137540 Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits Mercury 0.00500 0.005230 mg/L 105 80 - 120 Lab Sample ID: LB 560-137514/1-C Matrix: Solid Analysis Batch: 137553 Analyte Client Sample ID: Method Blank Prep Type: TCLP Prep Batch: 137540 LB LB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Mercury <0.00200 0.00200 0.000130 mg/L 03/14/17 08:30 03/14/17 14:10 1 Page 13 of 23 TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'IIIIIL IIII''Nb C IIP3 1112 CIIIh^IIIIIIP31IIPlIIIIL""t"" IS 1 CIIIIIIIIIIL '13 IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method: n 2 C\'", nide, IReaJive Lab Sample ID: MB 560-137498/1-A Matrix: Solid Analysis Batch: 137592 Analyte TestAmerica Job ID: 560-66869-1 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137498 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Cyanide, Reactive Lab Sample ID: LCS 560-137498/2-A Matrix: Solid Analysis Batch: 137592 Analyte <200 200 0.400 mg/Kg 03/13/17 12:36 03/15/17 14:52 1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137498 Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits Cyanide, Reactive Method: Lab Sample ID: MB 560-137507/1-A Matrix: Solid Analysis Batch: 137587 Analyte Sulfide, Reactive 10.1 <0.400 mg/Kg 1 0-200 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 137507 MB MB Result Qualifier RL MDL Unit D Prepared Analyzed Dil Fac Lab Sample ID: LCS 560-137507/2-A Matrix: Solid Analysis Batch: 137587 Analyte Sulfide, Reactive <200 200 0.400 mg/Kg 03/13/17 10:30 03/15/17 13:35 1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Prep Batch: 137507 Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits IM tw,'ll;ll hod', 904 II 1 ° II tIIH' Lab Sample ID: LCS 560-137476/2 Matrix: Solid Analysis Batch: 137476 Analyte 10.2 2.866 J mg/Kg 28 0.200 Client Sample ID: Lab Control Sample Prep Type: Total/NA Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits corrosivity by pH Lab Sample ID: 560-66869-1 DU Matrix: Solid Analysis Batch: 137476 Analyte 5.00 5.0 SU 100 98 - 102 Client Sample ID: Sludge Prep Type: Total/NA Sample Sample DU DU RPD Result Qualifier Result Qualifier Unit D RPD Limit corrosivity by pH 7.1 HF 7.1 SU 0.1 20 Page 14 of 23 TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'IIIIIL IIII''Nb C IIP3 1112 CIIIh^IIIIIIP31IIPlIIIIL""t"" IS 1 CIIIIIIIIIIL '1�1 IIII'°'w 23 3/22/2017 QC Sample Results Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant M et IIs Ilrmll�a:�Iiurmrl;. Lab Sample ID: LCS 560-137499/1 Matrix: Solid Analysis Batch: 137499 Analyte Flashpoint TestAmerica Job ID: 560-66869-1 Client Sample ID: Lab Control Sample Prep Type: Total/NA Spike LCS LCS %Rec. Added Result Qualifier Unit D %Rec Limits 81.0 82.00 Page 15 of 23 Degrees F 101 88 - 112 TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'IIIIIL IIII''Nb hill 1112 Clllh°°IIIIIII'31IIPlIIIIL""1"" IS '1 IIIIIIIIIIL '1 IIII'°'w 23 3/22/2017 Certification Summary Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Lab. r ak) r T otuliner`ilic a C. Ir p us Chi Ir osi,IIi L.)ride s r„ therwi , rnruCraal, tiallll tiaHi allyta ithr'thili Iltialbora'tory were covered ardor ea -In Authority Program ucrru bellow.. EPA Region Certification ID TestAmerica Job ID: 560-66869-1 Expiration Date Texas NELAP 6 T104704210-16-18 03-31-17' The following analytes are included in this report, but certification is not offered by the governing authority: Analysis Method Prep Method Matrix Analyte 7470A 8081 B 8081 B 8081 B 8081 B 8081 B 8081 B 8081 B 9012 9034 D92 7470A 3511 3511 3511 3511 3511 3511 3511 7.3.3 7.3.4 La b c. ratolug e mm,lul pe lr ii c o u s o n Solid Solid Solid Solid Solid Solid Solid Solid Solid Solid Solid Lit nlless otherwise rnraCraai all ^arn^allyta frar'C,luli s Ilt• orta'tory were covered ,.under each Authority Program Mercury Chlordane (technical) Endrin gamma -BHC (Lindane) Heptachlor Heptachlor epoxide Methoxychlor Toxaphene Cyanide, Reactive Sulfide, Reactive Flashpoint EPA Region Certification ID Expiration Date Texas Analysis Method NELAP Prep Method Matrix 6 Analyte T104704223-17-21 10-31-17 * Certification renewal pending - certification considered valid. Page 16 of 23 TestAmerica Corpus Christi 1111''11111''1 IIIC'l 1 11111'1 C IIP3 1112 CIIII°°IIII111'3IIIP1111111'""1"" '1''1' 1 �a 011111111111 1c1 IIII'°'w 23 3/22/2017 Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Method Method Description Method Summary TestAmerica Job ID: 560-66869-1 Protocol Laboratory 8260B Volatile Organic Compounds (GC/MS) 8270C Semivolatile Organic Compounds (GC/MS) 8081 B Organochlorine Pesticides (GC) 8151A Herbicidas (GC) TX 1005 Texas - Total Petroleum Hydrocarbon (GC) 6010B Metals (ICP) 7470A Mercury (CVAA) 9012 Cyanide, Reactive 9034 Sulfide, Reactive 9045D pH D92 Flashpoint SW846 SW846 SW846 SW846 TCEQ SW846 SW846 SW846 SW846 SW846 ASTM Protocol References: ASTM = ASTM International SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates. TCEQ = Texas Commission of Environmental Quality Laboratory References: TAL CC = TestAmerica Corpus Christi, 1733 N. Padre Island Drive, Corpus Christi, TX 78408, TEL (361)289-2673 TAL HOU = TestAmerica Houston, 6310 Rothway Street, Houston, TX 77040, TEL (713)690-4444 Page 17 of 23 TAL CC TAL CC TAL CC TAL HOU TAL CC TAL CC TAL CC TAL CC TAL CC TAL CC TAL CC TestAmerica Corpus Christi IIII''Nb IIII''Nb IIIC'l IIIC'N'b C Ihill Clllh°IIIIIII'IIIPllllll""t"" IS 1 CIIIIIIIIIIL 1"' IIII'°'w 23 3/22/2017 Client: American Process Group Project/Site: O.N. Stevens Water Treatment Plant Lab Sample ID Client Sample ID Sample Summary Matrix TestAmerica Job ID: 560-66869-1 Collected Received 560-66869-1 Sludge Page 18 of 23 Solid 03/10/17 08:00 03/10/17 10:55 TestAmerica Corpus Christi 1111'11111'1 Illl''llllll 11111 b C IIP3 ° CIIII°^1111111311111111111 ""t"" IS 'I GI111911111 '1 111111 23 3/22/2017 1733 N Padre Island Drive Corpus Christi, TX 78408 Phone (361) 289-2673 Fax (361) 289-2471 Chain of Custody Record eSTAr Loc: 560 Tr ET i •.,- r , 66RRo Client Information Sample € Lab PM. Maingot, Lindy Carrier Tracking No(s) COC No: 560-23393-301 — Client Contact: Sidnie Smith _..,/ Phon/ 9�� ^� Lip 4Ghi5l(2.__C { E-Mail findy.maingot@testamericaino.com Page: Page 1 of 1 Company. American Process Group Analysis Requested Job #: Address' 794 SE Greenlee St Due Date Requested: I 'I I,;j'it 0 Z"i IA It t, a I I`]., d 1 ;:; w '' - hEE 3'C. h i . t= t, �, j 14;'' �;; `''i Ib .s,r ' ;" i- tta"i a(w�raror, . N m TCLP Metais 6010B, TCLP Mercury 7470A , TCLP Pesticides 8081B, TCLP Volatile 8260B, TCLP 5erni-Volatiles 8270C x w „ n �, 8151A -TCLP Herbicides 9012_ReactiveCN, 9034 Reactive Sulfide, 392 Flashpoint Total Number or Containers -_ _ _ _ _ _ Preservation Codes: A - HCL M - Hexane- exaneCity: B - NaOH N - None C -Zn Acetate 0-AsNa02 0 - Ndnc Acid P - Na2O4S E- NaHSO4 O- Na2S03 F - McOH R - Na2S203 G - Amchlor S - H2SO4 H - Ascorbic Acid T - TSP Dodecahydrate 1 -Ice U - Acetone J - 01 Water V - MCAA K- EDTA W- p l 4-5 L -t=DA z - ather[speaty) Other: City: Dallasl TAT Requested (days): State, Zip OR, 97338 Phone: 503-623-9373 Te) PO #:.1i Purchase Order not required Email: ssmith(U3amprocessgroup.com WO #: Project Name: O.N. Stevens Water Treatment Plant Project #: 56006300 Site SSOW#. m • le IdentificationSam .le Date Sample Sample Type (C=comp, - G - grab Matrix segaim, o-,�sreian, er-rlssde, a Note: Instructions/Note: nstr „.„ 1 ' '' -- _����- _ "Time Co•'de.i-!I ,,, 11,,reservatfon' � � . Ake® l ®®®! I�,1�,�, ,,'' ,,'�'� — 41 (0 „A.( 1I __ _ a 03 /0 I IiFifi�Zh.., Solid X X X X ©.■-. A Is �mil ■..■■.�■ __ mil 111111111111111111111 560-66869 Chain of Custody s' • mu n -_ OM= ...... - 1 Possible Hazard Identification Non -Hazard I I Flammable Skin Irritant I Poison B Unknown Radiological Sample Disposal (A fee may be assessed if samples are retained longer than 1 month) I I Return To Client 1 'Disposal By Lab Archive For Months Deliverable Requested: I, II, III, iV, Other (specify) Special Instructions/QC Requirements: npty Kit Relinq fished by. Date: Time: Method of Shipment ...s.linguished by gi Daterrime: o a2y Rece 4011111I Daterri r� Com•y y salinquished by: V DatefTime: ompany Rel ed by: Da elTime: C mpany Relinquished by. Date/Time Company Received by: Date&Time: Company Custody Seals Intact; ,ICustody Seal No.: Afiqc Cooler To plates g.,andAtipt nio5 CZ to OZ abed c z P4 144 0 ID c) N N V TestAmerica Corpus Christi 1733 NJ acre Wand d Drive Corpus Ceesta TX 75408 r hide (Mil 289-2673 fax (361)289-2471 Chain of Custody Record Client tutor atm (Sub Contract Lab) - - _. - e=°a:tit rnd3 1- 1. '€ Itata'Y rf ir.11 4-{-.�1@ AA S 560-10)5 P° og1 tog5551--- [�!p n ar ec-ef '#n 1 t € to `r aE#si-.'uom t,nrr=;'ltj.. estt mc- d t -boratories, Inc acs �.'Ss'r7uE#rU t.<'a t'd` ELAP Texas 3, 'e` t_ f_t 9efed' �_.7 Analysis Requested P fY3t16f1 f >1 r- : d. ::. ttr'i t f t 1-12SO4 ?int; f E..,, q T SP -F>,-. ''tYds3.e 8 ,ore pe i 4 [ j 1 , ( l ] i TX 7#JAL° Pes_ -5 713-5Wa A=:)]-4 t`s fa`4f ATP Y r Nat •E i r a# erl Plant 1 5 56006300f E Sample tf� ntiflc t, n - Ghent tD t<ab ID) -Sample 1 Matrix T (3030, arnp3e ( c _ = a fple Date TIme __ rab) s--� 44 a 1preservatrfn Code 3010/12 S.i6 1111111111111111M I og.sh2_„�'s_ €2 tv -y srir€' a -J.E.. ,__.--..€ t - :- pperreasamox!.0 -..:_ 1 CF `1 1- ted `h,3 se_ 411ATndat' .tai rr4'd Rf�_V if ;<€ %;aBEx. r-iJ =2r> -n. ,- . -method. tri..@ �.,,� ,.: �.rt tx� � - - � R CC s �a� s. _4: '-(s .z'.:7 _�L'� <+,L �^4:t 3, `Sri �!f'� F 1 3n tz< �4 .8x sue... n 3}rod Plc saggAK5T- s _h ?; 'it11t 19 ih T41`9'L=am € -moi=§i "11 fig dLo --#! i. 1 -( ._;#'i € _.a..?'ti .�L g: =, , 9 t Toned Gbain {baito[:.:4 1141 A11505015 AO =- nc: < iFti z..h_s* _ - $ 15 f a - To i k s�_ter. S�' --__--E !u �_i C3, Ple Hazard idea trticalarrn Sample Thsp fsa1(A fee may be assessed it samples ars d longer t# gn 1 t#t n ! ci:�Y[�i�4 Gam:+ 3 i;t �# -,. �' s:>ad 1_ .':, SF . (kw `€1y,, F(Tila tot o If: ri f:( - des= ----_. '.�; 3:Sz� i��.s S-���ii.e��.� —4 _ _- 4+ i;,r E=, 3S.:fi 26 €. 52 - O515s1 5: i. . 2"= z i 1 C og. e iC,555parly far °le �. _�� �?• Custody Sesta i(1ts` t ----. 4r EF9tody Seal 6r a 3166 a No :4 g' €r . ,.,PCS 19 , sY 3 d C'Ehe;• TestAmerica Houston Sample Receipt Checi Loc' 560 66869 Date/Time Received JOB NUMBER: CLIENT: UNPACKED BY CARRIER/DRIVER: Tes America TH:E LEADER P,N ENVIRONMENTAL TESTING Custody Seal Present DYES • NO Number of Coolers Received ,CooIe ID Temp Blank Trip Blank Y/NIY/N N Y N CF = correction factor Y N Y / N Y Y YfN Y/ Y YIN YT Samples received on ice?l—YES Elj NO Observed Temp Therm ID Them Corrected Temp CF LABORATORY PRESERVATION OF SAMPLES REQUIRED: 0 NO 0 YES Base samples are>pH 112 D YES EJ NO Acid preserved are<pH 2 El YES pH paper Lot # VOA headspace acceptable (5-6mm): [1] YES El NO H NA, NO YES NO Didi samples meet the laboratory's standard conditions of sample acceplabihty upon receipt? COMMENTS: fiSi.SA:VV1-011 ,To2F',!all 7234 2490 0404 XO LKSA Page 21 of 23 SATURDAY 1221. PRIORITY OVERNIGHT 1111:11111:1111E141111:1Uhill 1112 CIIIIn.111111RollIEN""1"" IS 1 21 1111",, 23 11 77040 TX -US IAN 1 11 3/22/2017 Login Sample Receipt Checklist Client: American Process Group Job Number: 560-66869-1 Login Number: 66869 List Number: 1 Creator: Escalona-Garcia, Jose A Question List Source: TestAmerica Corpus Christi Answer Comment Radioactivity wasn't checked or is <1= background as measured by a survey N/A meter. The cooler's custody seal, if present, is intact. True Sample custody seals, if present, are intact. True The cooler or samples do not appear to have been compromised or True tampered with. Samples were received on ice. True Cooler Temperature is acceptable. True Cooler Temperature is recorded. True COC is present. True COC is filled out in ink and legible. True COC is filled out with all pertinent information. True Is the Field Sampler's name present on COC? True There are no discrepancies between the containers received and the COC. True Samples are received within Holding Time (excluding tests with immediate True Frozen on 3/10/17 at 11:40 HTs) Sample containers have legible labels. True Containers are not broken or leaking. True Sample collection date/times are provided. True Appropriate sample containers are used. True Sample bottles are completely filled. True Sample Preservation Verified. True There is sufficient vol. for all requested analyses, incl. any requested True MS/MSDs Containers requiring zero headspace have no headspace or bubble is True <6mm (1/4"). Multiphasic samples are not present. True Samples do not require splitting or compositing. False Different storage locations Residual Chlorine Checked. N/A TestAmerica Corpus Christi Page 22 of 23 IIII''1IIII''1IIIPlllllll IIIi'1OIIP3 C lllh^IIII Ih,11IIPllllll l ""1"" 't''1! '1 QIIIIIIIIIIL 22 VIII,,' 23 3/22/2017 Login Sample Receipt Checklist Client: American Process Group Job Number: 560-66869-1 Login Number: 66869 List Number: 2 Creator: Crafton, Tommie S Question Answer Comment List Source: TestAmerica Houston List Creation: 03/11/17 11:08 AM Radioactivity wasn't checked or is <1= background as measured by a survey N/A Lab does not accept radioactive samples. meter. The cooler's custody seal, if present, is intact. True Sample custody seals, if present, are intact. True The cooler or samples do not appear to have been compromised or True tampered with. Samples were received on ice. True Cooler Temperature is acceptable. True Cooler Temperature is recorded. True 5.1 COC is present. True COC is filled out in ink and legible. True COC is filled out with all pertinent information. True Is the Field Sampler's name present on COC? True There are no discrepancies between the containers received and the COC. True Samples are received within Holding Time (excluding tests with immediate True HTs) Sample containers have legible labels. True Containers are not broken or leaking. True Sample collection date/times are provided. True Appropriate sample containers are used. True Sample bottles are completely filled. True Sample Preservation Verified. True There is sufficient vol. for all requested analyses, incl. any requested True MS/MSDs Containers requiring zero headspace have no headspace or bubble is True <6mm (1/4"). Multiphasic samples are not present. True Samples do not require splitting or compositing. True Residual Chlorine Checked. N/A Check done at department level as required. TestAmerica Corpus Christi Page 23 of 23 IIII''1 IIII''1 IIIPllllll 1' IIIi'1 O IIP3 C lllh^IIII Ih,11IIPllllll l ""1"" 't''1! '1 QIIIIIIIIIIL 23 VIII,,' 23 3/22/2017 E17050 INTERMEDIATE SLUDGE REMOVAL PHASE 1- FY 18 CIVCAST Q AND A 07/25/2017 ITEM k DATE QUESTIONS ANSWERS 1 7/12/2017 Is the Pre -Bid Mandatory? Per Section 00 21 13 Invitation and Instructions to Bidders Article 4 the Pre -Bid is not mandatory but the only opportunities allowed for sampling are before and after the pre-bid on the same day as the pre-bid. Tuesday, July 18, 2017 8:00 a.m. CST to 30 minutes prior to the start of the pre-bid conference. Tuesday, July 18, 2017 12:00 p.m. CST to 5:00 p.m. CST. Contractors are to Contact Alex Barabanov, 826-1873 upon arrival at O.N. Stevens WTP. 2 7/17/2017 Will the City consider including a force majeure provision using the following or similar language: Neither Party shall be liable to the other Party for breach or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to, fires, strikes (except any strikes involving a Party's personnel), orders or judgments of any Federal, State or local court, administrative agency or governmental body, accidents and Acts of God. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party's reasonable control: (1) reasonably anticipated weather conditions normal for the region in which the work is performed or (11) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay and Contractor and Customer shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. Refer to paragraph 4.04(D) of Section 00 72 00 General Conditions. 3 7/17/2017 General Conditions -Section 7.08- addresses change orders based on change in law. Will the City consider the following language in the case there is a change of law that impacts pricing for services: Neither Party shall be liable to the other Party for breach or delay in the performance of its obligations hereunder caused by a change in Federal, State, or local law or ordinance, or caused by the judgment(s) of any Federal, State or local court, administrative agency or governmental body. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay, and the need, if any fora renegotiations of price or terms in order to comply with the change in law or regulation or interpretation thereof. W here a change in law, regulation or interpretation thereof materially alters or increases a Party's cost of providing a service, that Party is not obliged to provide that service, and may, upon reasonable notice, terminate this Agreement/Contract. Nothing herein shall prevent the parties from renegotiating the terms of this agreement due to a change in law or regulation or interpretation thereof. This terms is specifically negotiated to allow the parties, without resort to rebid, to negotiate the terms of a new agreement in the event of such change in law or regulation or interpretation thereof. The City will not include a provision to excuse the contractor's performance under the contract. Article 11 and Article 12 of Section 00 72 00 General Conditions covers amending the Contract Documents and the claims process. 4 7/17/2017 Will the City consider the following indemnification language: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OFANV KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANV RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANV AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT PROXIMATELY CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. The City will not modify the Indemnification language in the Contract Documents. 5 7/17/2017 Will the lagoons be able to be isolated? No, per contract documents all lagoons must rem. ninservice at all 510 es. 6 7/17/2017 What is considered completed work on the lagoons? Removal and disposal of all dry tons required by the contract 7 7/17/2017 What is the projected start date? The approximate start date fort his project is October 2017. 8 7/18/2017 Will the City consider extending the project due date? Addendum 01 has extended the Bid Date to August 2, 2017. 9 7/19/2017 The plans say 18,000 dry tons of material. Is there an estimate of how many cubic yards of material are in the lagoon to be removed??? There are approximately 250,000 CV of in-situ residuals in Lagoon? and approximately 45,000 CV in each of lagoons 5 and respectively. 10 7/19/2017 What is the overall depth of the lagoon the city looking for??? i.e. How many feet of sludge are in the lagoon before the clay bottom44444 Please see sheet 5 of the plan set. We expect to remove all residuals from lagoon? as is possible within the cut tolerance of the dredge (approximately 6 -inches from the bottom of pond). 11 7/19/2017 Considering the magnitude of this project, would it be possible to have an extension for submittal? Addendum 01 has extended the Bid Date to August 2, 2017. 12 7/19/2017 For the disposal option A, it is stated in your 155 that the Cefe Valenzuela landfill is restricted to a maximum of 25 total trucks per day. a) Could you please clarify the size of the load (truck) in tonnage? b) Also are the 25 loads per day maximum pertained stri0ly for this project? The 25 load limit applies to containers of approximately 25 cubic yard capacity. The 25 truck limit is the Landfill's limit imposed on this project only. 13 7/19/2017 For the disposal of Option A, other than statutory holidays and sundays etc. is the landfill able to received the '25' trucks in any months of the year? Yes, other than the statutory holidays and Sundays the Landfill is open to receive the specified number of loads in each month of the year. 14 7/19/2017 For the disposal of Option A, please confirm that the city will be paying directly the Valenzuela landfills? The contractor does not have to pay a tipping fee to the landfill. The City also does not pay a tippingfee a1Yhe landfill. The landfill is owned and operated by the City and is accepting the material free of charge. 15 7/19/2017 What is the minimum dryness to enter at the Cefe Valenzuela landfill? The material brought to the landfill must pass a paint filter test and be made up of about 171/4 solids. 16 7/19/2017 Did the city already perform analysis on the material to be dewatered (land applied)? If yes, Is the city willing to share the results as non -controlled information? Contractor to ensure his own testing to be prevalent ATCLP testing report will be included in the Addendum for informational purposes only. Contractor will be responsible for conducting their own testing. 17 7/19/2017 Is the contractor solely responsible to supply electricity for running his equipment? or does the city has amperage available to YhecontracYOR if yes, what is available? Taking into consideration that a certified electrician would be doing the connections. Please see Sheet 4. Electricity is provided at no cost to the contractor. Electrical capacity is provided on sheet 4. 18 7/19/201711 is mentioned in the bid that the Word document version of the Bid forms is available. Would it be possible to send that document? Bid Form will be posted in MS Excel format. If other documents in MS Word or MS Excel format are needed please request them specifically by section number and name as listed in the Contract Documents table of contents. A [,'1 [,'1 [::IN [,'1 U IVI 1101: AI IALIHIVII'.::14T t!'N.I. l'51,1 I. 011: E17050 INTERMEDIATE SLUDGE REMOVAL PHASE 1 - FY 18 CIVCAST Q AND A 07/25/2017 ITEM /I DATE QUESTIONS ANSWERS 19 7/19/2017 Please describe the landfill activities, procedures, and/or equipment employed to ensure disposal of the dewatered material is expedited and not subject to waiting times that may be encountered with disposal of other waste material at the landfill 1011 10 the procedure used. • Loads are coming in to the LF and stop by the LFO's work area for the paint filter test administration • Then they will go to the scales and weigh in • Once weighed in they travel towards the disposal area • The load will bypass the working 00 0050 continue until they reach the disposal area for the material where only this material is accepted. In other words, the only loads accepted in this area are form the 0.N Stevens Project. • Load is delivered and truck will head back to the scale to weigh out. • Driver gets a dispos3I ticket. • Once the Driver has weighed out then he has his final stop to complete the documentation at the LFO work area. • Total time expected be 00 551 landfill is approximately 30 minutes or less. City Equipment on site for the Project • 2 — bulldozer, • 1- front end loader • 3 —18 cy end dumps • 6 employees 20 7/19/2017 How will the Bid Form be revised with regards 00 0011 Water Loss Adjustment for the Land Application Option of dewatered (instead of liquid) biosolids? This will 51 100011010 by Addendum with a revised Bid Form. To clarify, the residuals are not biosolids but WTP residuals. 21 7/19/2017 At the Pre-bid meeting it was mentioned 05101518,000 dry tons has not yet been achieved and Lagoon 7 is "empty", dredging or solids removal activities may move to Lagoons 5 and 6. Since Lagoon 7 will remain in operation throughout the solids removal process, please describe "empty" or at what level of solids remaining from dredging operations will be considered acceptable before moving 00 050 other lagoon(s) Empty will be determined by the City or Engineer as a level where dredging is no longer practical or feasible 1151511 15 lack of a significant quantity of sludge or a determination by the City that the lagoon is sufficiently clean for plant operations. We expect to remove all residuals from lagoon 7 as is possible within the cut tolerance of the dredge (approximately 6 -inches from the bottom of pond). 22 7/19/2017 Please describe use of the items identified as "FOR BID EVALUATION ON," that are on the Bid Form. Should the extended amount prices for each of these items be included or excluded in calculating the sub -total bid price for Options A & B even though these items will not be awarded, measured, or paid? The extended amount prices should be included 10 050 sub -totals and Base Bid totals. These costs will be included 10 050 Bid Tabulation (For Evaluation Purposes Only) to determine the overall lowest price bidder. 23 7/19/2017 What requirements and/or restrictions exist for the temporary stockpiling of dewatered material? All restrictions and requirements are listed in Specification 46 76 11. In general stockpiled material must be contained so as not to allow the stockpiled material to erode or be transported by wind, water, or other environmental condition to any other area in the plant or outside 00 051 project site. Additionally, 10 11106 disposed 00 10 the landfill, all loads must P111 551 paint 01010 0110. 10051 00100511 11 dewatered and allowed to be re -saturated by rain, the material must be re -processed to pass paint filter. Prevention of re -saturation by rain by covering the stockpiled material, is recommended. 24 7/19/2017 Please provide the most recent survey results 00 050 solids profiling for Lagoons 7, 5 and 6, as may be available. The most recent solids profiling survey results are from 2014 and as such are outdated and are no longer applicable. Average solids content of the in-situ material is listed on the plans as approximately 8%. The approximate depths of material are also shown 10 050 plans. 25 7/19/2017 Please provide dimensions, depth requirements for the turbidity curtain? These requirements will be included in an addendum. 26 7/19/2017 What is the average, min and maximum daily flow into lagoon 7? Absolute Maximum instantaneous inflow rate is approximately 53,500 gpm. Typical maximum is approximately 36,500 gpm. Both max flow rates are for short durations (between 5 and 15 minutes). Average inflow throughout the day is estimated to be between 2,000 gpm and 3,000 gpm. 27 7/19/2017 Can a figure/drawing be provided showing elevations of the area around lagoon 7 and between lagoon 7 and Hearn Road including the paved area and grass area to southeast? Please see sheet 4 of the plans. The elevations shown represent 050 0651 extent of existing survey data. 28 7/19/2017 Please provide means and methods for cattail removal on lagoons 5 and 6. Will roots and material above the water 10 000000000. Cattail removal 10 000 part 00 0510 projects scope. The roots and materials above the 101000 10111 be removed during cattail removal. 29 7/19/2017 Can TCLP and other associated analytical results be provided on metal content of the residuals 50 50011000? Most importantly aluminum. 01555 testing report will be posted to CivCast as a reference for informational purposes only. Contractor will be responsible for conducting their own testing. For clarification the pre-bid sampling window has closed. 30 7/19/2017 What are the feed solids of the residuals (coming from the dredge) under the current operation 56 550? Anticipated solids content values from past projects are listed in the plans. 31 7/19/2017 What polymer is currently being used for current dewatering operation? The City is not at liberty to share this information. 32 7/19/2017 What is the max turbidity level that will be acceptable for filtrate water (water returning to the lagoon)? This will not be measured but 10 NTU is a maximum 33 7/19/2017 What is the maximum turbidity level 0510 10000 to be met for the decant pump station? Maximum 10 NTU 00 10 plants discretion 10 050 turbidity is negatively effecting treatment. 34 7/19/2017 What 10 0010 in-situ density 00 050 material in place? Please reference sheets 5 and 6. Approximately 85001100. 35 7/19/2017 If more area is needed then the current paved area adjacent to Hearn Road will the grass area to the north/northeast and east be available as a work area? The grass area will only be available for equipment staging, as needed and approved. Extra space needs should be reflected in the site plan subrnitted with the bid. Haul vehicles, front end loaders and similar equipment are restricted to the paved area. 36 7/19/2017 Can bid results and bid tabulation be provide for the for the past sludge removal project currently being completed by APG in 115001 7? Bid tabulation and bid results are available at the followinr, link: https://www.civcastusa.comiproject/.586788b1Olec5a4de8044af6/summary 37 7/19/2017 Given that there is a contractor currently on site dredging the lagoon in question. Will the city be sending out revised drawings and information? New freeboards and sludge depth 101)1 50 needed. Please see sheets 5 and 6. Sludge depths shown reflect conditions anticipated at the end of the current project. 38 7/19/2017 The current contractor onsite, does not seem to be using "rain prevention" for the dewatered solids or any sort of spill containment, is this a new request? Per the Contract Documents the requirement is to contain the stockpiled residuals and p0000510 00011 from eroding 1510 10150115 away. The cover is recommended to prevent re -saturation of the residuals. The recommendation to cover the material is intended to prevent re -processing material but the cover is not required. If being disposed of at the landfill, the residuals must pass paint filter test. 39 7/19/2017 When is the current contractor schedule to demobilized and will they be asked to remove/transport 111 050 equipment off the site? The current contract is expected to reach final completion by mid September. The new contractor 10111 100 be required 00 00000 or work around any of the current contractor's equipment. 10 (0111 be removed before a new NTP is issued. 40 7/19/2017 5151 6051 provide the City of Corpus Christi noise ordinance 0510 1071105 to work conducted 10 050 ONSWTP? 150 10100 ordinance is 51001(000 11 specification section 46 76 II and also available 10 050 link below. https:filibrary.municode.com/iX/corpus christi/codes/code of ordinances?nodeld,TIIITHCOOR CH31NO ADDI NDUIVI 51 Al IALHIVII 14i 010 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by American Process Group Inc. (type or print name of company) on: Wednesday August 2. 2017 at 2:00 P.M. for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 —FY 18 (Project No. E17050). 1.01 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 - O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 Project No. E17050 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2 — BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of 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 1 July 20, 2017 Bid Acknowledgement Form 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) ADDENDUM #2 ATTACHMENT #2 PAGE 1 OF 6 :,Addendum No. _. :Addendum Date : .._ Signature`Acknowledging:Receipt' _. 2 July 26, 2017 �... ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; 0. 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. Bid Acknowledgement Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Protect No. E17050) ADDENDUM #2 ATTACHMENT #2 PAGE2OF6 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4 — BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record, the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder. The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 4516 STATEMENT OF Bid Acknowledgement Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) ADDENDUM #2 ATTACHMENT #2 PAGE 3 OF 6 EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within a maximum of 365 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor. after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 395 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor. after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 —ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. G. SECTION 00 4516 STATEMENT OF EXPERIENCE 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. Bid Acknowledgement Form ADDENDUM #2 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal ATTACHMENT#2 Phase 1— FY 18 (Project No. E17050) PAGE 4 OF 6 ARTICLE 10 —SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 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. Bid Acknowledgement Form 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) ADDENDUM #2 ATTACHMENT #2 PAGE 5OF6 ARTICLE 11— BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: American Process Group Inc. By: (typed or pfd full legal name of Bidder) (individual's signature) Name: John Prince Title: President Attest: (typed or printed) (typed or printed) (individual's signature) State of Residency: Washington Federal Tax Id. No. 98-0445155 Address for giving notices: 1201 Pacific Ave., #600 Tacoma, WA 98402 Phone: (780) 963-1484 Email: jprince@amprocessgroup.com (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) IN ACCORDANCE WITH CCR 00 21 13 § 14.03 SUBMISSION OF A BID INDICATES THE BIDDER'S ACCEPTANCE OF THE EVALUATION TECHNIQUE AND METHODOLOGY AS WELL AS THE BIDDER'S RECOGNITION THAT SOME SUBJECTIVE JUDGMENTS MUST BE MADE BY THE OWNER DURING THE EVALUATION. EACH BIDDER AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST THE OPT AND THEIR RESPECTIVE EMPLOYEES, ARISING OUT OF OR IN CONNECTION WITH THE ADMINISTRATION, EVALUATION, OR RECOMMENDATION OF ANY BID. END OF SECTION Bid Acknowledgement Form ADDENDUM #2 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal ATTACHMENT #2 Phase 1— FY 18 (Project No. E17050) PAGE 6 OF 6 00 30 01 BID FORM Project Name: O.N. Stevens Water Treatment Plant lInterrnediate Sludge Removal Phase 1 - FY 18 Project Number: E17050 Owner: City of Corpus Christi Bidder: American ProcessGroup Inc. OAR: Ernesto De La Garza, P.E. Designer: Basis of LNV, Inc . Bid Item DESCRIPTION UNIT QUANTITY (BID EVALUATION NLY - NOT FOR AWARD) UNIT PRI E EXTENDED AMOUNT Base Bid ••••..m.“01•MMA.1014MMIFIMM PART A - OPTION A - DEWATERING (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al A2 Dredge, Dewater, and Haul Residuals: Dredge, Dewater and Haul residuals from on-site lagoons to Cefe Valenzuela Landfill including all work and materials considered subsidiary to this bid item isubsidiary items include but are not limited to; furnishing dredge equipment, furnish and install turbidity protection for decant pump station(s), furnish and install dewatering equipment, polymer injection equipment, residual and polymer containment areas as required, filtrate return provisions, fuel, truck maintenance, maintenance of access, secondary side electrical feed for dewatering equipment, regulatory requirements, licenses and certifications as required, and residual analytical testing) as per specification, Complete in Place per Dry Ton. DT Construction Administration and Oversight Adjustment. Included for bid evaluation to account for the differing levels of construction oversight required by the Owner and Consultant. Based on Total Calendar Days for Substantial Completion. Bidder shall enter total Calendar Days for Substantial Com letion. Maximum Calendar Day entry is 365 Days. If no entry is made, the maximum will he evaluated, The Calendar Days entered shall be incorporated into the Contract Documents as the Contract Time for Substantial Completion and used as the basis for milestones and Liquidated Damages. Evaluated per Calendar Day. FOR BID EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY, Days 18,000 150 $ 152.40 265.00 $2;743,200,00 $39,750.00 Bid Form O.N. Stevens Water Treatment Plant intermediate Sludge Removal Phase 1 - FY 18 (817050) A r>11) ENDA.) ATTACHMENT PAGE 1 of 6 00 30 01 BID FORM A3 Water Loss Adjustment. included for bid evaluation to account for the volume of water lost when hauled to landfill. Based on percent solids concentration proposed to be hauled off-site, anticipated dredged percent solids, and historical volumes of water dredged during residuals removal operations at ONSWTP. Bidder shall enter 1,000 GAL 13,516.00 1.07 $ 14,462.12 ro'osed I ercent solids concentration to be hauled from ONSWTP into the following equation which results in thousands of gallons lost. 4315.38 1,410ter Loss 2467.25 =(x, solids 100 The value resultb, frorn the formula shall be entered directly into the quantity column of this bid item. Evaluated per 1,000 US gallons. FOR BD EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY. A4 City Landfill Cost Adjustment, Included for bid evaluation to account for the cost benefit to the landfill realized by processing the residuals received `into alternative daily cover to be used as a beneficial resource. Based on historical volumes of residuals delivered to Cefe Valenzueta Landfill during residuals removal projects at ONSWTP and the cost to hzmolle, rnix, and stockpile residuals, for use as alternative daily cover in lieu of excavating and hauling traditional daily cover. Evaluated per Cuhic Yard. FOR BID EVALUATION ONLY. CY 144,692 (0.50) $ (72,346.00) A5 Electrical Cost Adjustment, Included for bid evaluation to account for the electrical usage required for the dewatering operations. Based on historical electrical usage by dewatering operations at ONSWTP ii -id current City electrical billing rate. [Evaluated per Dry Ton. FOR BID EVALUATION 0 ', Y. DT 18,000 $ 1.99 , 35,820.00 I A6 Street Maintenance Adjustment. Included for bid evaluation to account for the anticipated road deterioration associated with heavy truck traffic. Vehicle 1 Vehicle Mile 110,000 $ 0,09 $ 9,900.00 miles calculated by Bidder as total truck trips (required to haul 18000 DT) multiplied by the number of miles per round trip to disposal site. Round trip miles to be used for OPTION A is 38 miles to Cefe Valenzuela Landfill and back to ONSWTP. Evaluated per Vehicle Mile. FOR BID EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY. SUBTOTAL PART A - OPTION A - DEWATERING (Item Al thru A6) TOTAL EXTENDED AMOUNT AND UNIT PRICE FOR PART A ARE FOR BID EVALUATION PURPOSES NLY $ 2,770,786.12 Bid Form 0.N. Steven ater Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) ADDENDUM 42 ATTACHMENT tEl• PAGE 2 of 6 003001 ID FOR MILMOMMOMMIMMIONAP ARTB-OPTON B AND APPLICATION (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 D edge, Haul, and Land Apply Residuals: Dredge resdusfs from On site Igoons, Dewamer(as ppIicbPe), Haul, nd properly dispose of residuals at TCEQ rcgistcrrdland application sites including ail work and matcria[sconsidcred subsidUry to this bid item (subsidiary items inciude but are not limited o; furnishing dredge equipinent, furnish and insta 1 turbidity protection for wo,hwatcrreturn pump station, furnish and install dewatering equipment (as applicable), polymer injection equiprnent, residual and polymer containment areas as required, filtrate rcturn provisions, trucNs, fuel, truck maintenance, rnainteriancc of access,secondary side electrical feed equipment, furnish and installation offlow meter or "legal for trade portable truck scale including aPI reqLlired ancillary parts and eq uiprnent, land application equipment, proper management ofland apn|lio,do"sites, regulatory requirements, licenses and certifications a, requirecl, and residual analytical testing) as per specification, Compiete in Place per Dry Ton. DT 18,000 82 Construction Adrninistration and Oversight Adjustment. lncluded for bd evaluation ro account for the differing |eve.,,fcons�� uiuno,c�iQht^equiedbwthe Owner and � conn,Nvnt.Based mnTotal Calendar Days for Substantial Completion. Bidder sliiIl enter total Calendar Davs for Substantial Competon. Maximuni Calendar Day entry is 365 Days, If no entry 5 made, the rnaxmurn wi be evaluated, the Calendar Days entered shaH be incorporated into the Contract Documents asthe Contract Tirne for Substantia 1 Cornpletion anci used as the basis for milestones and Liquidated Damages. Evaluated per Calendar Day, FOR 13lD EVALUATION AND ASSESSMENT OF LIQUIDATED IDArmxGESOmo/. Days 265,00 Bid Form ON. Stevens WaterTreatment Plant Intermediate Sludge Removal Phase z FY1m(szmso) mMDeNDuM� ATTACHMENT tr3, PAGE a**6 00 30 01 BID FORM B3 Water Loss Adjustment. Included for bid evaluation to account for the volume of water lost when hauled to land application site. Based on percent solids concentration proposed to be hauled off-site, anticipated dredged percent solids, and historical volumes of water dredged during residuals removal operations at ONSWTP. Bidder shall enter proposed percent solids concentration to be hauled from ONSWTP into the following equation which results in thousands of gallons lost. 1315.38 Water Loss 2467.25 (I)/ 11(0)/0ids) The value resulting from the formula shall be entered directly into the quantity column of this bid item. Evaluated per 1,000 US gallons. FOR BID EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY. 1,000 GAL 1,07 $ B4 Street Maintenance Adjustment. Included for bid evaluation to account for the anticipated road deterioration associated with heavy truck traffic. Vehicle miles calculated by Bidder as total truck trips (required to haul 18,000 DT) multiplied by the number of miles per round trip to disposal site. Round trip miles for OPTION B to be calculated by the Bidder as total mileage to Bidders selected land application site(s) and back to ONSWTP. Evaluated per Vehicle Mile. FOR BID EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY. Vehicle Mile SUBTOTAL PART B - OPTION B - LAND APPLICATION (Item Bi thru B4) TOTAL EXTENDED AMOUNT FOR PART B IS FOR BID EVALUATION PURPOSES ONLY Part C - GENERAL(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT C1 Mobijization, Not to Exceed 7.5% of total Bid, Complete in Place per Lump Sum. LS $ 23,993.00 $ 23,993.00 SU T TA PART C - GENERAL tem c: Part El - ALLOWANCES (per SECTION 01 29 0 MEASUREMENT AND $23,993.00 01 Dredge Re -deployment including disconnection and re- routing of dredge pipeline(s), removal and re -deployment of turbidity curtain, removal and re -deploying dredge in adjacent Iagoon, coordination with plant staff, any temporary or permanent access improvement required to re -deploy dredge, all labor and materials required to remove and re -deploy dredge. Complete in Place per Each. EA 2 35,000.00 70,000.00 SUBTOTAL PART D - ALLOWANCES Item Bid Form O.N. Stevens Water Treatment Pant Intermediate Sludge Removal Phase 1 - FY 18 (E17050) ADDENDUM IQ ATTACHMENT tR3 PAGE 4 of 6 00 30 01 BID FORM Part E -ADDITIVE ALTERNATE NO. OPTION /4. ONLY (per SECTION 01 2310 ALTERNATES AND ALLOWANCES) E.:t Supplement Cefe Valenzuela Operations with Bulldozer and Operator. Provide one bulldozer (minimum size of 06 or equivalent) and one trained operator with a minimum Texas Class B CDL Bidder shall enter number o dozer and operator will b Ja s tha rouided and cost er da The Extended Amount for this bid itern is additive to Bid Item Al addition (+) or reduction (-) to the Base Bid cost'. Complete in place per Day, as per specification. Alternate Construction Administration and Oversight Adjustment, Included for bid evaluation to account For the differing levels of construction oversight required by the Owner and Consultant. Based on Total Calendar Days for Substantial Completion with dozer and operator being provided and alternate daily load limit of 40 maximum loads per day, Bidder shall enter TOTAL Calendar Days for Substantial Completion. This is not additive to Bid Item E2 42, This Bid Item Replaces Bid Item A2, if awarded. Maximum Calendar Day entry is 365 Days. If no entry is made, the Maximum will be evaluated. The Calendar Days entered shall be incorporated into the Contract Documents as the Contract Time for Substantial Completion and used as the basis for milestones and Liquidated Damages. Evaluated per Calendar Day. FOR BID EVALUATION AND ASSESSMENT OF LIQUIDATED DAMAGES ONLY. Day Day 100 ($2,108.89) (5210,889.00) 100 265.00 $26,500.00 SUBTOTAL PART E - ADDITIVE ALTERNATE NO. Item El thru E2) 8 4, 9.00) Part F -ADDI TIVE ALTERNATE NO. 2 - OPTION B ONLY (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) Fi Electrical Cost Adjustment. Included for bid evaluation to account for the electrical usage required for the dewatering operations. Based on historical electrical usage by dewatering operations at ONSWTP and current City electrical billing rate. Evaluated per Dry Ton. Required for all bidders who choose to dewater before land applying residuals and applies ONLY to such bidders. FOR BID EVALUATION ONLY, SUBTOTAL PART F - ADDITIVE ALTERNATE NO. DT Bid Form O.N. Stevens Water Treatment Plant Intermedlate Sludge Removal Phase 1 - FY 18 (E17050) 18,000 1.99 35,820,00 820.00 A DO Efq DUNI 02 ATTACHIVIF,NT PAGE 5 of 6 00 30 01 BID FORM BID SUMMARY I IX SUBTOTAL PART A - OPTION A - DEWATERING (Item Al thru A6) SUBTOTAL PART 0 - OPTION 0 - LAND APPLICATION (Item B1 thru 04) SUBTOTAL PART C - GENERAL (Rem C1) SUBTOTAL PART D - ALLOWANCES (Rem D1) SUBTOTAL PART E - ADDITIVE ALTERNATE NO. 1 (Rem El thru E2) SUBTOTAL PART F - ADDITIVE ALTERNATE NO 2 (Item El) TOTAL PROJECT BASE BID (PARTS A + C 4. DOR PARTS B + C + D Total Extended Amounts (Items Al thru D1) - For Evaluation Purposes ONLY OR TOTAL PROJECT BASE BID + ADDITIVE ALTERNATE NO. 1 (PARTS A + C + D + E) Total Extended Amounts (Items Al thru E2) - For Evaluation Purposes ONLY TOTAL PROJECT BASE BID + ADD TIVE ALTERNATE NO. 2 (PARTS 0 + C D + F) Total Extended Amounts (Items 01 thru Fl) - For Evaluation Purposes ONLY Proposed Accelerated Schedule - Contract Times $ 2,640,64a 12 Bidder Entry Bidder agrees to reach Substantial Completion In (Bidder Entry must match entry in A2 OR B2), .. 150 Days Bidder agrees to reach Final Completion In (must be 30 clays after Substantial Completion), 180 Days Proposed Schedule with Additive Alternate No. 1 - OPTION A ONLY - Contract Times Bidder Entr Bidder agrees to reach Substantial Completion in (Bidder Entry must match entry in E2). . 100 Days, Bidder agrees to reach Final Completionin (must be 30 days after Substantial Completion). 130 Days Bid Form O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 (817050) 1JM 4,2 fACHI'AENT PAGE 6 of 5 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ® Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Washington ❑ 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: By: Name: Title: Business address: Phone: American Process Group Inc. (typed or printed) 4 (signature — attach evidence of authority to sign) John Prince (typed or printed) President 1201 Pacific Ave., #600 Tacoma, WA 98402 (780) 963-1484 Email: jprincec amprocessgroup.com END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02 -1 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest City of �d SUPPLIER NUMBER TO BE ASSIGNED BY CI FY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 12, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: American Process Group Inc. P. O. BOX: STREET ADDRESS: 1201 Pacific Ave., #600 CITY: Tacoma, WA ZIP: 98402 - FIRM IS: 1. Corporation 8 2. Partnership [ 3. Sole Owner 0 4. Association 5. Other L 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." N/A ame 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 Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `arm." N/A ame 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 Consultant N/A City of Corpus Christi Disclosure of Interest 003005-1 Rev 01-13-2016 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the publicin general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: John Prince Title: President Crypt or Print) Signature of Certifying Person: DEFINITIONS Date: August 1, 2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi Disclosure of Interest 003005-2 Rev 01-13-2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus ChristiTexas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: O.N. Stevens WaterTreatment Plant Intermediate Sludge Removal Phase 1 — FY 18 Project No, E1705O 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: American Process Group Inc. By: Name: John Prince Title: Business address: President (typed or printed) (signotue—uuachmidesenyauthorityto sign) (type or printed) Tacoma, WA 98402 Phone: (780) 963-1484 Email: jprince Non -Collusion Certification osQnoup.00m END OF SECTON DRStevens Water Treatment Plant Dritermediate YudgeRenma| Phase I—FYlD(Project No. [17O5m Vn3006 1 11-25-2013 ARTICLE 5 — WORK PLAN, PROPOSED SCHEDULE, AND SITE EXHIBIT 5.01 Refer to Specification Section 46 7611 for submittal requirements and include required documents in the statement of experience documents submitted with the bid. Statement of Experience 00 4516 - 4 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Rev 06-22-2016 A THE GUARANTEE COMPANY OF NORTH AMERICA USA One Towne Square, Suite 1470 Southfield, Michigan 48076 Phone: 248-281-0281 Fax: 248-750-0431 www„gcna.conl COPY ORIGINAL -1r0 FOLLOW BY FEDEX CONTRACTOR: (Name, legal status and address) American Process Group Inc. 1201 Pacific Avenue , Suite 600 Tacoma, WA 98402 OWNER: (Name, legal status and address) City of Corpus Christi Po Box 9277 Corp Christi, TX 78469 BOND AMOUNT: 5% of Tender Price PROJECT: (Name, location or address and Project number, if any) ON. Stevens Water Treatment Plant Intermediate Sludge Removal - Phase 1 FY18 (Pro(ect No. E17050) Bid Bond Bid Bond No. ES8022391-08 SURETY: (Name, legal status and principal place of business) The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield _MI 48076 This document has important legEil consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party .shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves„ their heirs, executors, administrators, successors and assigns, jointly and severally, as providedherein. The condrtions o:f this Bond are such dial if the Owner accepts the bid of the Contractor within the lime specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the:Contractor either (1) enters into a contract i.vith the. Owner in accordance with the terms of such bid„ and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for theprompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not 10 exceed the amount of this Bond„ between the amount specified in said bid and such larger amount. for which the Owner 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 MI force and effect. The Surety hereby waives anynoticie of an agreement between the: Owner arid Contractor to extend the time in which the Owner may accept the: bid. Waiver of notice by the Surety shalt not apply lo any extension exceeding sixty (60) days in the aggregate beyond the l(me for acceptance of bidsspecified in the bid documents, and the Owner and Contractor shall obtain the Surety''s consent for in extension beyond sixty (60) days, If this Bond is issued in connection with a subcontractor's bid to 0 Contractor,: the term Contractor in this Bond shall be deemed to he Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the, Project, any provision in this Bond conflicting with said statutory or legal requirement :shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shalt be deemed incorporated herein., When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 20 day of J14 2017 American Process Group Inc, (VVftness) (Witness PrincTial (Seal) LE The Guarantee Company of Non AT8encaE. Lfs-A4). 4 • Theresa Hedberg, Attorney -in - The language in this document conforms exactly to the language used in NA Document A310 --- Bid Bond 201 * GUARANTEE® TIIE The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Alex Campbell, Graham McIntosh, Irene LeBlanc, Theresa Hedberg, Dina Amaro-E.lias, Richard Longland, Paul Hollingworth, Yves Bollard, Benoit Phenix, Natalie Sanscarter, Cheryl Best -Pope, Olga lankine, Dan Fletcher, Mchel Bourque, Max Fratarcangeli, Francois Forget, Steve Rees, Nelson de Quintal, Pamela Martin, Sean Deakin, Dana Hammond, Chelsea Fish, Richard Gray, Greg Forsythe, Jody MeiIlet„ Korey Pettit, Stephen Jensen, Maryse Bertrand, Kim Roberts The Guarantee Company of North America its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts ofindemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney( s )-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2, To revoke„ at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. in connection with obligations in favor of the Florida Department of Transportation only. it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky art least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2day of October, 2015. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Cornpany of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland ; My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ,rtxi,a. T74 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy ole Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 20 day of July 2017 , Randall Musselman, Secretary AMERICAN PROCESS GROUP INC. RESOLUTION OF DIRECTORS WHEREAS the undermentioned persons are all of the Directors of AMERICAN PROCESS GROUP INC.: - COLLEEN PRINCE DOUG VAN DER VEEN TERRY JOHNSON AND WHEREAS the Business Corporations Act provides that a Resolution in writing signed by all of the Directors of a Corporation is as valid as if it had been passed at a Meeting of the Directors. NOW THEREFORE BE IT RESOLVED: - 1. THAT John Prince or Colleen Prince are entitled to and have the authority to execute Bids, Proposals, or Contracts and any other documents ancillary to the Bids, Proposals, or Contracts, on behalf of American Process Group Inc. 2. THAT John Prince or Colleen Prince are hereby authorized to execute and deliver all documents necessary to give effect thereto in the name and on behalf of the Corporation under its corporate seal or otherwise, with such amendments or variations as the they may approve, their approval to be conclusively proved by their signatures thereto. WE, being all of the Directors of the Corporation, do hereby pass, adopt and approve the foregoing Resolutions of the Directors, effective this 1s' day of May, 2016. DOUGLAS VAN DER VEEN TERRY JOHNSON Table 1—Or anization lnformatiit.n Organization doing business as: Business Address of Principal Office American Process Group iric, Telephone No. (.7 0) 9 14 4 For tIf Business (check one 1201 Pacific Ave., ...00 Tacoma, WA 98402 Website -------------------------------------------------------------- wrww,amprocessgroup,com 1 Corporation 0 Partnership 0 Vndiividuuall If a Corporation State of Incoirporatiom____.__________.. elle re Chef Executive Officer's Nam Date of incorporation President' :s N. October 26, 2004 John (France CoBeen Prince Secretary's Name if a Partnerships Date of t*rganizatiiun If an Individual Veen Prince Treasurer's Name Con Prince For,, of Partnership 0 General 0 Limited (List of companies, firms, or organizations that n any (part of the organization. ames off Companies, Firms, r Organiz-tiioros American Process Holdings Ltd, Percent Ownership 100% Orj anization History dist of names that this organization currently, has o companies presently doing business, Nairn of Oraniizations es operating under including the names From Date To Date Vndicatoi Average number of Curren full-time employees Average e.stie o'£ revenue for the current year Statement of Experience Q.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050j 8 $6,6 000.00 004516-5 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: American (Process GroauEi o. Previous History with City of Corpus Christi ist the S most recent projects that have been completed with the City of Corpus Christi. Project Name Year ater Treatment Plant ln'te¢rn ate Slludge Removal Phase 1 (Project No„ Ei'16246) 2017 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of t EMR.mm*** ,Fleaser refer . .t oir proposal far pieu,.irem year Fl,�,n,, i iffc.,�m �"mmatin, Year 2016 .1121R1.0YeafEMRJYea r�,�,�����„ TEr Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the Iast 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details In a separate attachment if yes. No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been invollved in claims or litigation involving project owners within the Iast 10 years? List Projects below and provide full details in a separate attachment if yes. No Have Diens or claims for outstanding unpaid invoices been filed against the Bidder for services w,r materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding; the lien or making the claim, the amount and basis for the Dien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of (Experience +Mu .N. ,Stevens Water Treatment IPlant lntermed`iate Sludg Removal Phase 1-- FY 18 (Project No. E17050) 01516 6 Rev 06-22-.2016 Tablle 2 — Project lnfrirnati�oi Organization domg? business as: American Process Group inc.. Pro, used Project airjanixatiion Pvide a (brief description of the organizational structure prop sed for this project indicating the names and functional& roves of pr posed (key personnel) and alternates,. Provide resumes fuer Project r'/oinr ger; Sutierartenrde Safety Manager an r Quality Control Ma ager. Position (Project Manager Superintendent Safety Manager Quality Contr Manager Division (Primary Kurt Ranger Greg (Pruitt Alternate arren Prince Mark Siegfried Kurt Ranger Warren Prince Greg Pruitt k Ibe een Bidder and Proposed Sulhcon Mark Siegfried and SuApplie Prov i e a list uf'a Fork to Ibe self -performed by the dder and the ;r,rork contracted to Subcontractors and Stuppliers for more than 10 percent of the `fork ((based on estimated sulbcontract or purchase order amounts and the Contract Price).. Descrilptir,n ork Lagoon dredging and dewatering Siudge hauling Polymer (suppi er) Name o Ei �' rk y Pe raining the Estimated Percentage of Contract Price 49% Rafter P Trans Solenis ortation 33% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors thaiii provide k valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year 2016 Rafter P EMR Transportation 1,62 Year 2015 EMR 1.37 Year 2014 EMR 8 Subcontractor ............................................................... Year EMR Year EMR Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Year EMR 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: Prolect Information Project Name American Process Group Inc. Lowville WWTP lagoon blosolids dredge, dewater and hauling to landfill Description Removal of 3500 DT with an increase to remove an additional 300 DT daily production average of 109 DT Reference Contact Information Project Owner Name/Ti Village of Lowville, NY Compo / uperin en Public Works Telephone Project Designer (315) 376-2834 GYMO Engineering Project Budget and Perfon ance Original Contract Price $1,247,181.00 tcompo@centratnytwcbccom Issues/Claims/ Litigation: None Final Contrac Price ,334,136.00 Project Info ation # Contra Days Days Late Project Name Marysville WWF lagoon blosollds dredge,dewater, haul and land application Reference Contact Information Project Owner Name/Title Telephone Project Designer City of Marysville, WA Description Contract was to remove up to 8183 DT, total removal of 8166 DT, with a daily production average of 131 DT Adam Benton / Project Manage 360-636-8283 NA abenton@maryvIIewa.gov Project udget and Performance Original Contract Pric $4,016,910.00 Final Contract Price $4,005,904.00 # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Ward WWTP lagoon alum sludge dredge ,dewater, hauling at compost site Description Contract was to remove up to 2400 DT, total removal o 2315 DT, with a daily production average of 75 DT Reference Contact Information Project Owner Name/Title Telephone City of High Point, NC Geoff Beane/ Chief Operator Ward Plant 336) 883-34 Project Designer Project Budget and Perfoni ance Original Contract Price $10086,486.00 Final Contract Price $1,116,120.00 # Contract Days Issues/Claims/ Litigation: Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 — FY 18 (Project No. E17050) 00 45 16-8 Rev 06-22-2016 Table 3 Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: American Process Group Inc. Project Information Project Name Hefner WTP lagoon lime sludge dredge, dewater and hauling for beneficial reuse Reference Contact Information Project Owner Oklahoma City Description Removal of 16,000DT with an increase to remove an additional 300 DT daily production average of 187 DT Name/Tide Telephone Steve Krausnick (405) 297-2746 Project Designer NA Project Budget and Performance Original Contract Price $1,468,191.00 Issues/Claims/ None Litigation: Project Information Final Contra Price $1,485,525.00 # Contract Days # Days Late 0 Project Draper WTP & Hefner WTP agoons lime Name sludge excavate, dredge, dewater and haul Description Contract wa to remove 46,000 DT between both WTP. Tonnage was Increased. A total of 61,371 DT was removed. Reference Contact Information Project Owner Name/Title Oklahoma City eve Krausnick Telephone (405) 297-2746 Emai Project Designer Project Budget and Performance Original Contract Price 0,000.00 Final Contract Price $4,576,523.00 Issues/Claims/ Litigation: EIL:Iject In Project Name None Reference Contact Information # Contract Days 132 # Days Late 0 Project Owner Name/Title Telephone Project Designer Project Budget and Pe ance # Contract Days Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 3.— FY 18 (Project No. E17050) 00 45 16-9 Rev 06-22-2016 Table 3 -•- Projects Awarded during the Last 5 years ••••- Not including City of Corpus Christi Projects Organization doing business as: Project info i iatio"on Project Name Reference Contact pn again V:Descritrtionn Project Owner ........................................................................ Name/Tithe Telephone Project Desi mer (furcal Project Budget and Per ean Origin Contract Pr Final Contract Price Contrac Days # Days Lte uue,s/Cairns/ igationn. Pr t lect Bur$rsr Project Name rn Description Re ice Cont Project 0ner .................................................................... Nairne/Tithe Teiephone ation Erna Prof ct Destlgne Pr»,bect Bud et and Performance eJrii innai Cf untract Price Issues/Calms/ V.ittlgati®n: Final Contrac Price 1Prt idirt Urafor>nation Project Name (Reference Contact Int wn°rnrato n Project Owner ............................................................................... Name/Tithe Tetlephone # Contract (Days Days ate Description IFrrnail Project Designer Pr t ject Bud •;et and Performance .......................................................................................................................................... Origiiruai Contract (Price issues/Claims/ D_itigatUtn; Statement of Experience IF nal Contra Price Contrac Days nn ays ate 0.N. StevensTreatment PUant intermediate SVuudge RemovaV Phase 1...... FY 1 (Project No. IF..17!tSi) 0 4516 Rev 06-22-20016 Table 4 —Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: American Process Group Inc. Bidder's Safety Recod'and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. No Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. No Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. No The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 2 3 4 Does the Bidder have a written construction safety program? Does the Bidder conduct regular construction site safety inspections? Does the Bidder have an active construction safety training program? rx Yes n: No ® Yes m No ® Yes No Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. B. C. D. Scaffolding Excavation Cranes & Hoists Electrical Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No, E17050) r.o Yes No ct N/A o Yes o No cg N/A cz Yes Di No ❑ N/A a1 Yes o No o N/A 00 45 16-11 Rev 06-22-2016 Table 4 —Safety Record Questionnaire and Statement of Bidder's Safety Experience Continued Organization doing business as: E. Fall Protection American Process Group Inc. o Yes 0 No a N/A j. 6 7 Confined Spaces Material Handling Demolition Steel Erection Underground Construction o Yes o No at N/A Yes o No o N/A o Yes o No N/A o Yes o No ai N/A Yes o No N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workerscompensation experience rating sheets for the past five (5 years in a separate attachment. Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the Inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ER Yes LE, No ix Yes c-ENo o Yes ss No Statement of Experience 00 45 16 - 12 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 — FY 18 (Project No. E17050) Rev 06-22-2016 Table 5 — Dem nstrated Minority, MBE, DBE Participation OrairzaIitin doing busines:: as American Processr Goup Project Sobcontr dors aro Suppliers Provide a lisit of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used Ito deMOnstrate compliance with the Owner's Minority / IMBIE / DB Participation Policy Narne "Work to be Provided Estimated % of Contract Price None Statement of Experience O.N. Stevens Water Treatment Plant Intermediate Sludge Removall Phase 1 — FY 18 (Project No, E17050) 00 45 16 - 13 Rev 06-22-2016 ARTICLE 6 —CERTIFICATION 6.01 By submitting this Statement of Experience and related Information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: American Process Group Inc. John Prince ped or printed) (individuars signature) (typed or printed) Pr (typed ar° printed) Designated Representative: Name: Title: Address: John Prince President 1201 Pacific Ave., #600 Tacoma A 98402 Telephone No,: (780) 963-1484 Email: jprince@amprocessgroup.com END OF SECTION Statement of Experience 00 45 16 -14 O,N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1® FY 18 (Project No. E17050) Rev 06-22-2016 Form 301 (Revised 05/11) Submit in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555 FAX: 512/463-5709 Filing Fee: S750 Application for Registration of a Foreign For -Profit Co • oration This space reserved for office use. FILED In the Office of the Secretary of Stete of T. • NOV 0 6 2013 Corporations Section 1. The entity is a foreign for-profit corporation. The name of the entity is: American Process Group Inc Provide the legal name of the entity at stated in the entily s fonnation document In iu jurisdiction offormation. 2A. The name of the corpo on in its jurisdiction of formation does not contain the word "corpo • ;on," "company," "incorporated," or "limited" (or an abbreviation thereof). The name of the corp. ; Ion with the word or abbreviation that it elects to add for use in Texas is: 2B. The corporation name is not available in Texas. The assumed name under which the corporation will qualify and transact business in Texas is: The =minted name nn ua Include an acceptable organfrational identffler or an accepted abbreviation opine ofthe.. tem: 3. Its federal employer identification number is: 98-0445155 EI Federal employer identification number information is not available at this time. 4_ It is incorpo -• under the laws of: (set forth state or foreip couisoy) DE and the date of its formation in that jurisdiction is: 10/26/2 ninildelyyyy 5. As of the date of filing, the undersigned certifies that the foreign corporation currently exists as a valid corporation under the laws of the jurisdiction of its formation. 6. The purpose or purposes of the corporation that it proposes to pursue in the transaction of business in Texas are set forth below. II • Environmental Services The corporation also certifies that it is autho to pursue such stated purpose or purposes in the e or country under which it is incorporated. 7. The date on which the foreign entity intends to transact business in Texas, or the date on which the foreign entity first transacted business in Texas is: 11/04/2013 +el rtunkid/yoy 8. The principal office address ofthe corporation is: 10613 W. Sam Houston . N., Ste, 300 Houston, TX 77 Zarin: may apply (see instructions). Address Form 301 City 5 Comptem item 9A or 9B, hut not both. Co .... mem 9C. E 9A. The initial registered agent is an orgaif tion ot be entity n Corporation Service Company. a a CSC -Lawyers Incorporating Service Company : $ ed above) by the n e of OR 0 9B. The initial registered agent is an individual resident of the state whose n e is: First Name M.J. Last Name 9C. The business address of the regi ed agent and the registered office address is: 211 E 7th Street, Suite 620, Austin 1"X Suffix 78701-3218 Street A City Se Zip Code 10. The corporation hereby appoints the Secrer. of State of T as its agent for service of process under the circum ces set forth in section 5.251 of the Te Business Org.i' ations Code. 11. The i • e and address of each person on the board of directors is: Director 1 Mery Swan First Name MI Last Name 10613 W. Sam Houston Pkwy. N , Ste. 30D Houston, TX 77064 Surer Street or Mailing A City State Cowry mar 2 John W. Gibson Jr. First Name 500, 140 10th Avenue S.E. CaI : M.I. Last Name ada AB T2G OR1 Suffix Street or Mailing Address City State Cowtoy Zip Code ctor 3 Timothy Sturm First Name MI_ Last Name 10613 W. Sam Houston Pkwy. N., Ste. 300 Houston, TX 77064 Suffix Sweet or hfailing A City State Counoy Zip Code Text Area: Supplemental Provisionsanfo if ariy, is ittco beieth by reference.] 1 ation Font 301 6 Effectiven of Filing (Select either A, B. or C.) A. ID This document becomes effective when the document is filed by the secretary of state. B. 0 This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is: C. 0 This document takes effect upon the occurrence of a future event or fact, other than the passage of time. The 90th day after the date OfsIii ing is: The following event or fact will cause the document to take effect in the manner described below: Execution The undersigned a i 'I s that the person designated as regist d agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent - . , ent and certifies under penalty of perjury that the undersigned is authorized under the provisions of Law governing the entity to execute the filing instrument. Date: 11/4/13 Form 301 Signal=oriuthorzd r (sec instructions) umarn cit)beA Printed or name ea perm. Form 401-A (Revised 12/09) 0.141411_0? -4' 4P. •{1';• '1)%;` .5vt, Le 01) 4. ,t0At Acceptance of Appointment and Consent to Serve as Registered Agent §5.201(b) Business Organizations Code The following fo may be used when the person designated as registered agent in a registered agent filing is an individual. Acceptance of Appointment and Consent to Serve as Registered Agent 1 acknowledge, accept and consent to my designation or appointment as registered agent in Texas for Name of represented entity 1 am a resident of the state and understand that it will be my responsibility to receive any process, notice, or demand that is served on me as the registered agent of the represented entity; to forward such to the represented entity; and to immediately notify the represented entity and submit a statement of resignation to the Secretary of State if 1 resign. Signature of registered agent Printed none af registered agent Dale (nenIdd/yyyy) The following form may be used when the person designated as registered agent in a registered agent filing is an organization. Acceptance of Appointment and Consent to Serve as Registered Agent 1 : authorized to act on behalf of Corporation Service Company d/b/a CSC -Lawyers Incorporating Service Compar y Name of organization designated as registered agent The organization is registered or otherwise authorized to do business in Texas. The organization acknowledges, accepts and consents to its appointment or designation as registered agent in Texas for: AMERICAN PROCESS GROUP INC. Name ofrepresented entity The organization takes responsibility to receive any process, notice, or demand that is served on the organization as the registered agent of the represented entity; to forward such to the represented entity; and to i , , ediately notify the r . . SCi ed entity and submit a statement of resi ys ation to the Secretary of State if the or . anization r 10 Form 40 -A Einar] Courtney, Asst. Vice President 11-5-2013 to ad an beharof organization Prided name of authorized person Dale (mmiddiyyyy) y d/b/a CSC -Lawyers Incorporating Service Company 3 American Process Group Inc. Work Plan Scope of Work American Process Group (APG) plans to provide all labor, materials, supplies, and equipment to remove 18000 dry tons of alum backwash solids from lagoons 7,5,6 at the O.N. Stevens Water Treatment Plant in Corpus Christi, Texas. Mobilization and Placement of Dredge and Dewatering Equipment APG plans to utilize one VMI 615 dredge capable of pumping 1,200 gallons per minute (gpm) to remove solids from Lagoons 7,5,6. The dredge will be delivered to lagoon site on a flat-bed semi -truck and trailer, unloaded and placed in the lagoon with a 75 ton or greater crane. Off-loading and placement of the dredge in Lagoon 7 will be at the West corner of the lagoon near the Sludge Handling MCC. A truck and trailer load of 8" dredge pipe will also be delivered to Lagoon 7 area and unloaded. At the contractor staging area, APG will be mobilizing and setting up 4 large bowl Sharples centrifuges. capable of processing 200 - 250 gpm each, and ancillary equipment for the dewatering of the solids. This will be occurring at the same time as the dredge is being placed in Lagoon 7. APG will be coordinating approximately 15 seml-truck & trailer loads delivering all the necessary equipment to complete this project. The mobilization of all the equipment will require approximately 3 days to unload, setup and test run. The equipment at the dewatering area will require a 75' by 125' area with an additional 80' x 80' area that will have ecology blocks on three sides to temporarily stockpile the dewatered solids before being hauled to the landfill. Dredging Operation Plan APG plans to remove the slurry from the ASB with a VMI high volume cutter head style auger dredge. The dredge has an 8' cutter head that is mounted on the end of a hinged boom that can be lowered to the depth of the solids. The cutter head augers the material to the dredge pump which transports the slurry through an 8 -inch pipe and then discharges into a screening tank at the processing setup area. The dredge will be controlled using a main cable driveline that will cross each Lagoon. The main dredge cable will be attached to a looped or turfer cable that is anchored to 2 sets of ecology blocks on two sides of the lagoon. With this configuration, APG will be able to move the dredge over in 6' increments allowing for a 2' overlap in removing the solids. O.N Stevens Water Treatment Plant Intermediate Sludge Removal August 1, 2017 Page, 3 Protection of the liner will be of the utmost Importance to APG. With the current levels of solids being over 14 feet above the sunken center dike, APG does not anticipate encountering the bottom of Lagoon 7. When dredging, operations begin to get close to the banks, wheels will be placed on both ends of the auger head to prevent it from encountering the liner. APG plans to dredge directionally from the Southwest side to the Northeast side of lagoon 7 to remove the solids. The focus will be on the Northeastern side originally where the solids have been exposed on the surface and the cattails are present. All of APG's equipment is maintained on a regular scheduled basis and reviewed prior to each project. Should anything brake or get damaged APG will repair immediately to minimize any downtime of the dredge that would affect the project completion. APG has 2 VMI 615 dredges in our fleet, so should a catastrophic event occur to the dredge on this project the second dredge will be mobilized and begin production as soon as possible. Dewatering Operation Plan The dredge pipe transporting the solids to the dewatering equipment at the contractor staging area will run southwest up the existing non-paved/non-gravel road near the wash water return pump station. The slurry will be pumped directly into an 18,000 gallon sludge screening tank. The screening tank will remove debris and will serve as a process buffer between the dredging or pumping and the dewatering to allow for optimization of both. The screening tank is agitated to keep the slurry consistent. The slurry will be drawn from the screening tank and pumped to the centrifuges via Variable Frequency Drive (VFD) driven feed pumps. The VFD allows for regulated speed control of the feed pumps and therefore variable pumping rate to the centrifuges. Each centrifuge has its own feed pump to allow for process optimization of each centrifuge individually. A polymer make down system allows for the mixing and hydration of polymer flocculent that will be used to aid the separation process. The hydrated and aged polymer is metered using a VFD driven positive displacement pump. The VFD permits the precise flow and regulation of the polymer so that the correct dose is added for optimal separation while minimizing waste. The slurry and polymer flow will both be measured using magnetic flow meters and the polymer will be added to the slurry with a static in-line mixer to blend the two. The polymerized slurry will then be injected into the centrifuge where the separation will take place. The centrifuge has two main elements, a bowl that provides the mechanical separation and a scroll conveyor inside the bowl that augers the solids portion to the solids discharge end of the machine. The scroll conveyor is coupled through a planetary gearbox to the 0.N, Stevens Water Treatment Plant Intermediate Sludge Removal August 1, 2Q11"7 I ne :°' back drive motor. The bowl motor and back drive motor are both VFD driven. For the bowl this means that the amount of separation force, or "G" force is controllable by varying the bowl speed. Varying the back drive speed controls how quickly the material is augured out of the bowl, which is used to achieve a balance of optimum cake dryness and polymer dosage. All of APG's centrifuges are controlled with an industry leading, in-house developed control system. This system incorporates all functions of the centrifuge and intelligently controls pumping rates of slurry and polymer, back drive motor speed and other process elements based on operator input. With this system, APG can maximize centrifuge throughput, cake dryness, and a capture rate of 95% or greater while minimizing polymer dosage. The cake or solids portion will drop onto a horizontal belt conveyor and be conveyed to the stockpile area adjacent to the dewatering pad for temporary staging before being loaded into trucks for transportation to the Cefe Valenzuela landfill for disposal. The centrate or liquid portion will exit out the opposite end of the centrifuges and will drain by gravity into a tank. The centrate then be pumped back down the existing non paved/non gravel road to Lagoon 7. The exact discharge point will be determined once the project starts and the hydraulics of Lagoon 7 are understood better to minimize disturbance of the lagoon solids. 25 Loads/Day Schedule & Personnel On -Site APG plans to operate 24 hours per day, 5 days per week for the dredging & Dewatering operations. There will be two shifts consisting of a dredge operator, two centrifuge technicians, and a polymer technician/shore watch. The site superintendent will be the on-site representative to the plant. He will be on-site during the day and available by phone 24 hours per day. APG will produce an average of 25 loads to be transported 6 days a week to the landfill. 25 Loads/dav cost per dry ton..................S152.41 40 Loads/Dav Schedule & Personnel On -Site APG plans to operate 24 hours per day, 7 days per week for the dredging & Dewatering operations. There will be two shifts consisting of a dredge operator, two centrifuge technicians a polymer technician/shore watch and one Dozer operator (6 days/wk.) for landfill. The site superintendent will be the on-site representative to the plant. He will be on-site during the day and available by phone 24 hours per day. APG will produce an average of 40 loads to be transported 6 days a week to the landfill. 40 Loads/Day cost per dry ton...................... $140.70 Total savings for Alternate Bid ...................... $210.889.00 OM Stevens Water Treatment Plant Intermediate Sludge Removal August 1, 2017 Page 3 ' 10000000 25 loads/dav Hauling APG subcontractor plans to use End Dump trailer configurations hauling 24 -tons to transport the dewatered sludge to the landfill Monday through Saturday each week. The trucks will enter and leave the through the existing gates at the midpoint of the staging area off Hearn Road. The trucks will be loaded with a front-end loader as they arrive and immediately go to the landfill. 4 to 5 individual trucks transporting a total of 25 loads each day as per contract specs. All samples for paint filter and composite solids testing will be collected at the staging area as the trucks are loaded. 40 loads/day Hauling with APG Operator and Dozer APG subcontractor plans to use End Dump trailer configurations hauling 24 -tons to transport the dewatered sludge to the landfill Monday thru Saturday each week. The trucks will enter and leave the through the existing gates at the midpoint of the staging area off Hearn Road. The trucks will be loaded with a front-end loader as they arrive and immediately go to the landfill. 5 to 8 individual trucks transporting a total of 40 loads each day as per contract specs. APG will supply Dozer Operator with a class B CDL and Dozer (D6 or equivalent, wide track with a 6 way blade) as per contract specs. All samples for paint filter and composite solids testing will be collected at the staging area as the trucks are loaded. The trucks will transport the sludge on one of two routes to the Cefe Valenzuela Landfill. 1) Hearn Rd, South on Callicoatte Rd/FM 1694, East on FM 665, South on County Rd 61 and West on County Road 20. APG EMR APG's current EMR rating Is 1.0. We cannot provide previous year's EMR ratings because APG was part of a larger corporation that did not track the EMR for individual divisions. We would gladly discuss our safety programs and procedures with the City of Corpus Christi should we be the apparent low bidder as our personnel have been performing this work for the last 10 years. 0.N. Stevens Water Treatment Plant Intermediate Sludge Removal August i 7017 Page 4 73 r 0 cc C; Ner 0. QJ 0 0.. Rt fA © r VI ani -0 OJ a u •o t,) U./ CO a, a, E c SA GJ {fj z 0 LL CO CO CO E 0 M1 E 0 cc 0 u 0 E 0 ca r4 M1 rer �gc 0 LLLL Sat 17-09-02 Sat 17-09-02 M 0 _ 0 7.1 Fri 18-01-05 M1 Fri 18-01-12 0 Fri 18-01-12 LL 0 0 0 O N I 4'�dNO Vb dy d 9 9 00 Tr.rec dr O0 g LL 0 a. ac a. c Lc a. lc 0 rn 0 m 0 0 RI 0 10. PO EM1 0 M1 el Tr 0 1 0 Mon 18-01=15 Mon 18-01-15 0 E 0 z 0 6,3 0 0 I 0 0 stone 10 11000 DT 0 Ana E 0 0 OA N 0 0 as En el es o to � N 00 115 a O CC CID °l to ° v rE111 ti. 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(APG) since its inception in 2004. From 2004 to 2009 Gregg was a one of APG's main centrifuge technicians and shift supervisors. By 2010 he became one of APG's project managers and is an integral part of the team. His expertise in the residuals management industry includes overseeing projects in all scopes of work that APG has to offer; mechanical dewatering, dredging, pumping, lagoon cleaning and digester cleaning. He has extensive experience in field work overseeing the mobilization / demobilization and operation of projects, facilitating on-site safety, ensure budgetary and production targets are met, managing clients concerns and expectations, and reporting progress to upper management and acting as customer EDUCATION 0 WHMIS & TRAINING • Confined Space CCR 5157 & 5158 • H2SAUve e OSHA 10 o CSTS-09 PROJECT American Process Group (2010 - Present) EXPERIENCE Project Manager Responsible for safety on site including ensuring all APG safety policies and procedures are followed, adhering to any site specific safety requirements, planning and partaking in all safety related meetlngs and coordinating and communicating with the safety department. Responsible for coordinating and overseeing all site crew including contractors and any third party vendors. • Responsible for cost and production data tracking, • Responslble for ensuring all site checks are completed including safety and security check, pre -operational equipment checks and completlon of equipment logs. Responsible for Iiaising with the Operations Manager to ensure work is being carried out according to the scope of work. ~ Project Management experience includes: o ON Stevens VVTP Lagoon Sludge Removal - Corpus Christi TX 2017 o International Paper Lagoon Cleaning - Valliant OK 2017 Lowvi||eVVVVTP Lagoon Sludge Removal - Lowville NY 2016 Hefner WTP Lagoon Sludge Removal - Oklahoma OK 2014 o Port Madison Const. Lagoon Cleaning - Indian Island WA 2013 o Everett WPCF Lagoon Biosolids Removal - Everett WA 2013 Boise Paper Inc Basin Cleaning - Wallula, WA 2012 Completion Ind. Interim Lagoon Dewatering - Marshfield, WI 2012 Synagro / Passaic VAC Emergency dewatering - Newark, NJ 2013 o Hefner WTP and Draper VVTP lagoons sludge removal - Oklahoma City, OK 2012 (Hefner WTP portion of project) Georgia Pacific Toledo LLC VVVVTPCell Cleaning- Toledo, OR 2010 �0«0�����/~ � ��� RESPONSIBILITIES KURT ��0�����U� m���^m`mn�/w�m�.Operations Manager CURRICULUM VITAE Kurt joined American Process Group (APG) in April of 3010 and is one of APG's Operations Managers. In this position, he is responsible for overseeing all operational aspects on the projects he Is assigned to. He has experience in followirig through with projects from initial bid development, contract execution, and post project client relations. His role includes assisting in the development of project estimates and budgets for customers on public and private tenders for dredging and dewatering opportunities using centrifuge technology; developing technical scope of work criteria with customers and clients and building project estimates and proposals tailored to their specific challenges; overseeing the project managers running of projects, to ensure budgetary and production targets are met, managing clients concerns and expectations, and reporting progress to upper management and acting as customer liaison. Kurt also holds a 4th Class Power Engineer ticket. Kurt's equipment prowess is very strong and his ability to communicate and direct APG's field Project Managers is exemplary. Prior to taking on the role as Operations Manager, Kurt worked with APG part time on varlous projects throughout 2009. EDUCAT/ON • 4 Class Power Englneer ticket & TRAINING • H2S Alive • VVHMIS/TDG • Fall Protection / Fall Arrest • CSTS • OSHA 10 PROJECT American Process Group (2010 — Present) EXPERIENCE Operations Manager Review of project daily field operations project reporting, productivity and costs • Management of Pro)ect Managers |.e.: daily reports, training, human resources, etc. Coordinate timely equipment preventative maintenance with personnel • Effective coordination of equipment mobilization/demobilization, and personnel scheduling for multiple projects Provide leadership and direction to field project managers Provlde project manager relief or assistance In the field when required • Administration of APG safety program in consultation with executive management Ensure operations are following defined safety policies Ensure proper safety documentatlon is being completed and fiied according to policy Maintain currency of knowledge of relevant safety legislation, through courses and training. vvvmm.am prmcessg,owp.cmm KURT RANGER Operations Manager • Operations Management experience includes: ON Stevens VVTP Lagoon Sludge Removal - Corpus Christi TX 2017 PCL-EPCOR Channel 3 & Grit Tank 7 Cleaning - Edmonton AB 2016 m Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2016 Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2015 o Grande Cache Lagoon Cleaning - Grande Cache AB 2014 o Sherritt Metais Lime Pond Cleaning - Ft. Saskatchewan AB 2014 o Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2014 o Weyerhaeuser PuIp Mill Lagoon Cleaning - Grande Prairie AB 2014 o Suncor Lime Pond Sludge Removal - Edmonton AB 2014 • Glacial Snow Melt Ponds Cleaning - Edmonton AB 2014 0 Sand Recycling Online Dewatering Services - Edmonton AB2O14 Nova Chemical Pond Lime & Phosphate Removal - ]off+eAB2O14 Vernonia Lagoon Cleaning - Vernonia OR 2014 o James VVVVTPDigester Cleaning - Abbotsford BC 2014 EPCOR Goldbar Grit Tanks Cleaning - Edmonton AB 2014 EPCOR Goldbar Digester Cleaning - Edmonton AB 2014 o Point Loma Digesters Cleaning - San Diego CA 2013-2014 o Hefner WTP Lagoon Sludge Removal - Oklahoma OK 2014 o Waterloo VVVVT9Interim Dewatering - Waterloo, ON 2009-2012 o Trinity River Authority Digester cleaning - Dallas TX 2013-3014 5herdttMetais Lime Pond Cleaning - Ft. Saskatchewan AB 2013 Husky Lime Pond Cleaning - Lloydminister AB 2013 Weyerhaeuser Pulp Mill Lagoon Cleaning - Grande Prairie AB 2013 0 Teck Metals Lagoon Dredging - Trail BC 2013 MBC Digester Clenaing - San Diego CA 2013 o Cloverbar Lagoon Cleaning - Edmonton AB 2013 o Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2013 p Port Madison Const. Lagoon Cleaning - Indian Island WA 2013 o Glacial Snow Melt Ponds Cleaning - Edmonton AB 2013 • Everett WPCF Lagoon B|oso||ds Removal - Everett, WA 2013 Nova Chemical Pond Lime & Phosphate Removal - Joffre AB 2013 Sand Recycling Online Dewatering Services - Edmonton AB 2013 EPCOR Goldbar Grit Tank Cleaning - Edmonton AB 2013 Longview Fibre Pulp Mill Lagoon Cleaning - Longview WA 2013 o Regina W P Lagoons Sludge Removal - Regina SK 2012-1013 Synagro / Passaic VAC Emergency Dewatering - Newark, NJ 2012 m Completion Ind, Interim Lagoon Dewatering - Marshfield, WI 2012 o Boise Paper Inc Basin Cleaning - VVa||u|a, WA 2012 Encina WWA Digester Cleaning - Carlsbad, CA 2012 o Hefner WTP and Draper VVT9 Lagoons Sludge Removal - Oklahoma City, OK 2012 o James WWTP Digester Cleaning - Abbotsford BC 2012 Glaclal Snow Melt Ponds Cleaning - Edmonton AB 2012 o M KO Waterloo WWTP Digester Cleaning - Waterloo ON 2012 o EPCOR Goldbar Digester Cleaning - Edmonton AB 2012 Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2012 Sand Recycling Online Dewatering Services - Edmonton AB 2012 KURT RANGER - CURRICULUM VITAE Page 2 KURT ` a,NGER Operations Manager O Resolute Paper Lagoon Sludge Removal - Ft. Frances ON 2012 O Iona Island Digester Cleaning - Richmond BC 2012 • Conoco Phillips SAGD Lime Pond Cleaning - Ft. MacMurray AB 2011 Weyerhaeuser Pulp Mill Lagoon Cleaning - Grande Prairie AB 2011 Regina WWTP Lagoons Cleaning - Regina SK - 2011 Louisville MSD Digester Cleaning - Louisville, KY 2011 • Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2011 O Lions Gate W P Digester Cleaning - Vancouver BC 2011 Glacial Snow Melt Ponds Cleaning - Edmonton AB 2011 Sherritt Metals Lime Pond Cleaning - Ft. Saskatchewan AB 2011 Boise Paper Inc Basin Cleaning - Wallula, WA 2011 a Cranbrook WWTP Lagoon Cleaning - Cranbrook BC 2011 Abitibi -Bowater Pulp Lagoon Sludge Removal - Ft.Frances ON 2011 0 Monmouth Lagoons Cleaning - Monmouth, OR 2011 • Iona Island Digester Cleaning - Richmond BC 2011 • Palo Verde Nuclear Generating Station Lagoon Cleaning - Tonopah, AZ 2011 Burnaby Lake Rejuvenation Project - Burnaby BC 2010 - 2011 • Shepard Lagoon Facility Lagoon Cleaning - Calgary AB 2010 Glenmore WTP Basin Pumping - Calgary AB 2010 ,.,a Louisville MSD Digester Cleaning - Louisville, KY 2010 • Ward W P Alum Lagoon Sludge Removal - High Point NC 2010 • Sherritt Metals Lime Pond Cleaning - Ft. Saskatchewan AB 2010 • ConAgra Foods Lagoon Cleaning - Quincy MI 2010 • Georgia Pacific Toledo LLC W P Cell Cleaning- Toledo, OR 2010 • Abitibi -Bowater Pulp Lagoon Sludge Removal - Ft.Frances ON 2010 O Portsmouth/ Lake Kilby WTF Lagoon Cleaning - Suffolk, VA 2010 • Point Loma Digesters Cleaning - San Diego CA 2013-2010 Iona Island Digesters Cleaning - Richmond BC 2010 ▪ Everett WPCF Lagoon Biosolids Removal - Everett, WA 2010 KURT RANGER - CURRICULUM VITAE RESPONSIBILITIES MARK SIEGFRIED Project Manager CURRICULUM VITAE Mark is one of American Process Group's (APG) Project Managers. He has been a member of the American Process Group operation's team since early in 2005. He has over 13 years' experience in residuals management in project operations and management. From 2013 through 2015 Mark's main role was APG's Field Safety Advisory to ensure compliance with company, OSHA, and OH&S safety rules and regulations. Prepare site safety plans and emergency response plans. Conduct investigations and file reports for incidents; develop corrective action plans and follow up on implementation of plans. In 2016 Mark returned to his former role as a project manager and now possesses a strong knowledge in safety management. His expertise in the residuals management industry includes overseeing projects in all scopes of work that APG has to offer; mechanical dewatering, dredging, pumping, lagoon cleaning and digester cleaning. He has extensive experience In field work overseeing the mobilization / demobilization and operation of projects, facilitating on-site safety, ensure budgetary and production targets are met, managing clients concerns and expectations, and reporting progress to upper management and acting as customer liaison. EDUCATION • BS Mechanical Engineering - University of Wyoming May, 1983 & TRAINING • MS Applied Physics University of Washington - March, 1990 • ACSA NCSO training - completion May, 2013 • Confined Space Entry • WHMIS/TDG • Fall Arrest • Telehandler & Variable Reach Forklift • CSTS-09 • OSHA 10 PROJECT American Process Group (2007 — Present) EXPERIENCE Project Manager Responsible for safety on site including ensuring all APG safety policies and procedures are followed, adhering to any site specific safety requirements, planning and partaking in all safety related meetings and coordinating and communicating with the safety department. Responsible for coordinating and overseeing all site crew including contractors and any third party vendors. Responsible for cost and production data tracking. Responsible for ensuring all site checks are completed including safety and security check, pre -operational equipment checks and completion of equipment logs. Responsible for liaising with the Operations Manager to ensure work is being carried out according to the scope of work. • Project Management experience includes: www. a m p ro ces sg ro u p. c a m MARK SIEGFRIED Project Manager Everett WPCF Lagoon Biosolids Removal - Everett, WA 2017 .7) Marysvifle WWF Lagoon Cleaning - Marysville, WA 3016 o Everett WPCF Lagoon Biosolids Removal - Everett, WA 2016 0 Hefner WTP and Draper VVTP lagoons sludge removal - Oklahoma City, OK2012 (Draper P portion of project) .7) Encina WWA Digester Cleaning - Carlsbad, CA 2012 Louisville MSD Digester Cleaning - Louisville, KY 2011 Palo Verde Nuclear Generating Station Lagoon Cleaning - Tonopah, AZ 2011 o Louisville MSD Digester Cleaning - Louisville, KY 2010 o Portsmouth/ Lake Kilby F Lagoon Cleaning - Suffolk, VA 2010 m Everett WPCF Lagoon Biosolids Removal - Everett, WA 2010 Louisville MSD Digester Cleaning - Louisville, KY 2009 o Gouverneur WWTP Ponds Cleaning - Gouverneur, NY 2009 u Pigeon Forge WWTP Digester Cleaning - Pigeon Forge, TN 2009 o Louisville MSD Digester Cleaning- Louisville, KY 2009 Longview Flbre Paper Interim Dewatering - Longview WA 2008 o Everett WPCF Lagoon Biosolids Removal - Everett, WA 2008 o LihueVVVVTPDigester Cleaning -Uhue,HI2OO8 o Northeast APCF digester Cleaning - Clearwater, FL 2008 o Willow Lake W P Digester Pumping - Salem, OR 2008 Santa Paula W P Digester Cleaning - Santa Paula, CA 2007 o Hale Ave RRF digester Cleaning - Escondido, CA 2007 � Lake Stevens Sewer Dlstrict Pond Cleaning - Lake Stevens 3006 MARK mzsmpnsso'CURRICULUM VITAE Page RESPONSIBILITIES WARREN U���0����� PRINCE Operations Manager CURRICULUM AE Warren is one of American Process Group's (APG) Operations Managers. He has been a member of the American Process Group team since early in 2006. In this position, he is responsible for overseeing all operational aspects on the projects he is assigned to. He has experience In following through with projects from initial bid development, contract execution, and post project client relations. His role includes assisting in the development of project estimates and budgets for customers on public and private tenders for dredging and dewatering opportunities using centrifuge technology; developing technlcal scope of work criteria with customers and clients and building project estimates and proposals tailored to their specific challenges; overseeing the project managers running of projects, to ensure budgetary and productlon targets are met, managing clients concerns and expectations, and reporting progress to upper management and acting as customer liaison. From 2013 through 3015, Warren's main role shifted to shop foreman where he oversaw the repairs and maintenance of APG's extensive fleet of residuals management equipment, provided an -site equipment repair and troubleshooting support, in addition to his role as Operations Manager. During this time he obtained his Millwright journeyman ticket. Prior totaking on the role as Operations Manager In late 2014, Warren was one of APG's Project Managers from 2010 through 2012 where he managed a multitude of projects in all scopes of work that APG has to offer; mechanical dewatering, dredging, pumping, lagoon cleaning and digester cleanlng. EDUCATION 6 Millwright Red Seal Journeyman Certiflcate 2013-2016 & TRAINING 6 Confined Space Entry • Standard First Aid/ CPR • H2S Alive • WHMIS O CSTS-09 PROJECT American Process Group (2014 — Present) EXPERIENCE Operations Manager � Review of project daily fleld operatlons project reporting, productivity and costs Management of Project Managers i.e.: daily reports, training, human resources, etc. Coordinate timely equlpment preventative maintenance with personnel Effective coordination of equipment mobilization/demobilization, and personnel scheduling for multiple projects Provide leadership and direction to field project managers Provide project manager relief or assistance in the field when required • Administration of APG safety program in consultation with executive management www.amprocessgroup.com VAMILWA WARREN PRINCE Operations Manager Ensure operations are following defined safety policies Ensure proper safety documentation is being completed and filed according to policy Maintain currency of knowledge of relevant safety legislation, through courses and training. • Operations Management experience includes: Everett WPCF Lagoon Biosolids Removal - Everett, WA 2017 • Elk River W P Lagoon Cleaning - Eureka CA - 2017 n International Paper Lagoon Cleaning - Valliant OK 2017 n Lowville W P Lagoon Sludge Removal - Lowville NY 2016 • Sherritt Metals Lime Pond Cleaning - Ft. Saskatchewan AB 2016 • Everett WPCF Lagoon Biosolids Removal - Everett, WA 2016 o Weyerhaeuser Pulp Mill Lagoon Cleaning - Grande Prairie AB 2016 Marysville WWF Lagoon Cleaning - Marysville, WA 2016 • Sherritt Metals Lime Pond Cleaning - Ft. Saskatchewan AB 2015 Townsend WWTP Lagoon Sludge Removal - Greensboro NC 2015 Glacial Snow Melt Ponds Cleaning - Edmonton AB 2015 O Sand Recycling Online Dewatering Services - Edmonton AB 2015 • Ward W P Lagoon Alum Sludge Removal - High Point NC 2015 n West Fraser Pulp Mill Lagoon Cleaning - Hinton AB 2015 Port Townsend Pulp Basin Cleaning - Port Townsend WA 2015 SAWS Digester Enhancement Project - Dos Rios TX 2014-2015 Catalyst Paper Clarifier Dredging - Crofton BC 2014 Q Boise Paper Inc Basin Cleaning - Wallula, WA 2014 American Process Group (2010 - 2012) Project Manager Responsible for safety on site including ensuring all APG safety policies and procedures are followed, adhering to any site specific safety requirements, planning and partaking in all safety related meetings and coordinating and communicating with the safety department. Responsible for coordinating and overseeing all site crew including contractors and any third party vendors. Responsible for cost and production data tracking. Responsible for ensuring all site checks are completed including safety and security check, pre -operational equipment checks and completion of equipment logs. Responsible for liaising with the Operations Manager to ensure work is being carried out according to the scope of work. Project Management experience includes: Sand Recycling Online Dewatering Services - Edmonton AB 2012 Lions Gate W P Digester Cleaning - Vancouver BC 2011 Glacial Snow Melt Ponds Cleaning - Edmonton AB 2011 Cranbrook WWTP Lagoon Cleaning - Cranbrook BC 2011 Burnaby Lake Rejuvenation Project - Burnaby BC 2010 - 2011 WARREN PRINCE - CURRICULUM VITAE Page 2 American Process Group Inc. tcasco* Jew fl h 2 51 Zg: 121 6 I .11 eV w Iso) LS 64.10000d LoPPoo0 fuo sou — JoPon!O u!IS 1, 3 'at 41 o dr 0 41 41 41 D. E 0 sosCoull10 Itql:110 s,011&!0(104 fit.00010d uo4viouv„31 A.poggA0sql 0 .101710110upS 0 0 0 0 co otals to the Summary page (Form 300A) before you post it. Be sure to transfer thea 41 Iij j fill1111111P f3 „ @ N( @§ @4-0 ° CO cal c/ O 1 t �\ o 0( M E O 0 $ • ej E • E \ o , o ki a._ Post this Summary page from February 1 to April 30 of the year following the year covered by the form sscri 64111e 6u1uo;Iod g uW4PuOD koividsad aaPios30 L S krtfui auto ado sro 0�6UPeoH 6uIuaslod uo!ouo3 ko1¢DEdsad Jepi061C1 uNe njui E le E N N Be sure to transfer these totals a r, g 7 " 1 s Q 0.1crs 2 15 SOSERUIN .101410 ) 5 ' HIRD1 up8-pH 6 fi Buquoslod E. c i ) IP a f 3 Imi uompuoo .0 I, koltupsati — Japiosia ums E I • funrui GegSaV Jai.010 011V g3: sun Buge5H aswisssod woropuo3 koiatidsou APIN0FA0 urnS Establishment name 0 du .0 I 0 2 w Rev. 0112004 :4-- tu 0 ruz v g s ge$60041 Jour» Iv a ssoi supiumi ErE tpompucto Amituldsql DP -1 0 slO u Astri.q Wt6OCJIn w [FL ssoi BuyeaH OUNOSIOd 22119200 kaouvvdt,211 1 ... Establishment name E 8 w 0 o I 0 f f 0 E 3 JaPJosio upis knrui Be sure to transfer these totals to the Summary page (Forrn 300 Via Email: cmprince©amprocessgroup.com September 14, 2016 Cayla Prince American Process Group (Canada) Ltd. 946 Boulder Blvd. Stony Plain, AB T7X 0E6 Steve Smyth Direct: 57233.3462 Fix: ,403.231. A3445 ssrnythC terylta.corn Dear Cayla: Re: APG OSHA log 300 American Process Group was formerly owned by Tervita Corporation. In accordance with your request, this letter will confirm that Tervita's compliance team has reviewed Tervita's OSHA logs for the past three years. Our review of these records has confirmed that there were no logs within the last three years for the US American P ess Group division of Tervita. Please let me know if you require any further Information. Yours truly, Tervita Corporation Steve Smyth Senior Legal Counsel CC: Megan Delorey Contractors & Compliance Adv6ror Tervita Corporation 500, 140 - 10" Avenue SE Calcjary AB T2G OR1 T: f403) 233.7565 F: 403, 231.8445 tervita.com i.. berty Lutual. N S IR A N C 1E, American Process Group Inc. 946 Boulder Blvd Stony Plain AB T7Z 0E6 Re: NCC! Experience Rating Nlodifter To Whom It May Concern: .181 'Bay Street Brookirield Place Suite 10(10 Torcinto„ 1\15j 2T3 Tel: 416.3657587' Fax: 416-307-4372 November 23, 2016 Please be advised that America Process Group does not yet qualify for experience rating, and have not since 2013, due to their annual premium being below the minimum requirement the past few years. Based on this, their rating is 1.00. Should you have any questions, please do not hesitate to ask. Thank vou and Regards, Amy 111ehta, ARAI, CPC( \VP Workers' Compensation Liberty Mutual Insurance Company Liberty International Underwriters, a Division of the Liberty. 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TEE, Endue ils, OlossiEstrns, E"'" SAE svad01,10041 "mho al &evade' and haaatadan: idaennalen eadalallada ma the Ems a„„00 nutillisynnsoyss 0E10 mean re a '11:71a1:3,105ed wantaneen al 11111Ine °lard alienating ard me poomel mumagramy essEntly dEcialims arEnsdsi napTann,, dillalladae et andena wananten, isoduodling Es ism; ment)mamp 01 sonShangs ° iSs, 011110ass, Mbanatiml aro ten a OsseSESSE sussmse, scummy, cansielemess„ 0000,s0onErssE„, dr yornEnsms, 00 Ens mulam Morldsommi hommise 010.11 sasponstillis Es Ea USW 01,10 and for ons eseLES semi; SEEM as EsEsed essup SE Lea a Mae eataa„aa dero ael nee ended and NCO smaommot °lava imny bablikty 11101assts 'Tani Ono P611100 -00E -Year 0010 ROVI ;Eon INCE Er Oleos 001 Dunmore Loss x E0e140000000CM7F01 ilLiia...amv ,„„,.„„, c eaanstr is LEDs E Empanyess111011010/11„„ens S Litl'111W1119d L..041 V Pape 2 cf 2 00 52 23 AGREEMENT This Agreement, for the Project awarded on September 12, 2017, is between the City of Corpus Christi (Owner) and American Process Group, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 City Project No. E17050 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd., Suite 300 Corpus Christi, Texas, 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E., Construction Management Engineer City of Corpus Christi — Engineering Service 4917 Holly Rd., #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within a maximum of 365 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractor, after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within a maximum of 395 days, or per the Proposed Accelerated Schedule as included in the Bid and agreed by Owner and Contractorafter the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN u UM t2 ATTACHMENT #4 PAGE '.1SF"7 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $500.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. 6. Contractor is Responsible for damages associated with Vehicle Miles in excess of those entered on the Bid Form for Bid Items A6 OR B5. Total Project Vehicle Miles will be determined at Project Completion and damages will be assessed at the unit cost price of Bid Items A6 OR B5 in the bid form for the quantity of excess Vehicle Miles. 7. Contractor is Responsible for damages associated with Water Loss in excess of those entered on the Bid Form for Bid Items A3 OR B3. Total Project Water Loss will be determined at Project Completion and damages will be assessed at the unit cost price of Bid Items A3 OR B3 in the bid form for the quantity of excess Water Loss. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 — CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN u UM tt2 ATTACHMENT #4. PAGE 2SF"7 Total Base Bid Plus Additive Alternate #1 $ 2,640,640.12 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN UM #2 ATTACHMENT #4. PAGE 'SSF"7 ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN UM t2 ATTACHMENT #4 PAGE 4SF" I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 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 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN u UM t2 ATTACHMENT #4. PAGE 5SF"7 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 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) Au EN u UM t2 ATTACHMENT #4 PAGE 6SF"7 ATTEST Digitally signal by eeeccaHue,La emal-meeccan ,a,com. Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: 2017.10.25 10:31:56 -05'00' Assistant City Attorney ATTEST (IF CORPORATION) Sidnie Smith Digitally signed by Sidnie Smith Date: 2017.09.26 15:25:51 -06'00' (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer CITY OF CORPUS CHRISTI Jeff Edmonds Digitally signed by Jeff Edmonds Date: 2017.10.26 10:17:18 -05'00' J.H. Edmonds, P.E. Director of Engineering Services M2017-142 BY COUNCIL 9/12/17 RH/ML AUTHORIZED Digitally signed by RH/ML Date: 2017.10.30 13:06:16 -05'00' CONTRACTOR American Process Group, Inc. By: Title: Digitally signed by Douglas Van Douglas Van der Veen der Veen Date: 2017.09.26 15:22:40 -06'00' Project Specialist 1201 Pacific Ave., #600 Address Tacoma, WA 98402 City State 780/963-1484 Zip Phone Fax jprince@amprocessgroup.com EMail END OF SECTION Agreement O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1— FY 18 (Project No. E17050) AIIII EN UM ffZ ATTACHMENT til. PAGE "7,F "7 00 6113 PERFORMANCE BOND BOND NO. ES1207545 Contractor as Principal Name: American Process Group, Inc. Mailing address (principal place of business): 1201 Pacific Ave., #600 Tacoma, WA 98402 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E17050 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 Award Date of the Contract: September 12, 2017 Contract Price: $2,640,640.12 Bond Date of Bond: September 14, 2017 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name:The Guarantee Company of North America USA Mailing address (principal place of business): Suite 1402, 10025-102 A Avenue Edmonton, AB T5J 2Z2 Physical address (principal place of business): One Towne square, Suite 1470 Southfield, MI 48076 Surety is a corporation organized and existing under the laws of the state of: Michigan By submitting this Bond, Surety affirms its authority to do business in the State of Texas, and its license to execute bonds in the State of Texas: t l • Telephone (main number): 780-424-2266 Telephone (for notice of claim 780-424-2266 Local Agent for Surety Name:MHK Insurance Inc., Gordon Selman Address:2nd Fir, 12316 -107 Ave NW Edmonton, AB TSM 1Z1 Telephone: 587-525-6075 Email Address: GSelman@mhkinsurance.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Performance Bond E17050 ONSWTP Intermediate Sludge Removal Ph 1 FY 2018 00 6113 -1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal American Process Group, Inc. Signature: Name: Title: CJA,t u c9 Cum- Pe U\ C� P D Email Address:CpCiIV..eQc an-FrOceS'SJ:moi( Surety The Guarantee e rmpanyof North America USA Signature: Name: Hedberg Title: Attorney -in -Fact Email Address: Theresa. Hedberg@theguarantee.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond E17050 ONSWTP Intermediate Sludge Removal Ph 1 FY 2018 006113-2 7-8-2014 GUARANTEE® The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Alex Campbell, Graham McIntosh, Irene LeBlanc, Theresa Hedberg, Dina Amaro -Elias, Richard Longland, Paul Hollingworth, Yves Boilard, Benoit Phenix, Nathalie Sanscartier, Cheryl Best -Pope, Olga lankine, Dan Fletcher, Michel Bourque, Max Fratarcangeli, Francois Forget, Steve Rees, Nelson de Quintal, Pamela Martin, Sean Deakin, Dana Hammond, Chelsea Fish, Richard Gray, Greg Forsythe, Jody Maillet, Korey Pettit, Stephen Jensen, Maryse Bertrand, Kim Roberts The Guarantee Company of North America its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the fallowing is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 "c{ = tib' Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14 day of September 2017 Randall Musselman, Secretary 00 6116 PAYMENT BOND BOND NO. ES1207545 Contractor as Principal Name: American Process Group Inc. Mailing address (principal place of business): 1201 Pacific Ave., #600 Tacoma, WA 98403 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: E17050 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 Award Date of the Contract: September 12, 2017 Contract Price: 52,640,640.12 Bond Date of Bond: September 14, 2017 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Mailing address (principal place of business): Suite 1402, 10025-102 A Avenue Edmonton, AB T5J 2Z2 Physical address (principal place of business): One Towne Square, Suite 1470 Southfield, Mi 48076 Surety is a corporation organized and existing under the laws of the state of: Michigan By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the Siate of Texas. Telephone (main number): 780-424-2266 Telephone (for notice of claim 780-424-2266 • Local Agent for Surety Name: MHK Insurance Inc., Gordon Selman Address: 2nd Fir, 12316 -107 Ave NW Edmonton, AB T5M 1Z1 Telephone: 587-5 2 5-6075 Email Address: GSelman@mhkinsurance.com The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Payment Bond Form E17050 ONSWTP Intermediate Sludge Removal Ph 1 FY 2018 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall !ie exclusively in Nueces County, Texas for any legal action. Contractor as Principal American Process Group, Inc. Signature: Name: Title: CA4-#-•• )44 Al ck Surety The Guaran Signature: Name: Theresa Hedberg ems. party of North America USA /a - Title: Attorney -in -Fact Email Address: c,prt n ce,c.w''erc c s, jrwr" Email Address: Theresa.Hedberg@theguarantee.com vv CC (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E17050 ONSWTP Intermediate Sludge Removal Ph 1 FY 2018 006116-2 7-8-2014 GUARANTEE® The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Alex Campbell, Graham McIntosh, Irene LeBlanc, Theresa Hedberg, Dina Amaro -Elias, Richard Longland, Paul Hollingworth, Yves Bollard, Benoit Phenix, Nathalie Sanscartier, Cheryl Best -Pope, Olga lankine, Dan Fletcher, Michel Bourque, Max Fratarcangeli, Francois Forget, Steve Rees, Nelson de Quintal, Pamela Marlin, Sean Deakin, Dana Hammond, Chelsea Fish, Richard Gray, Greg Forsythe, Jody Maillet, Korey Pettit, Stephen Jensen, Maryse Bertrand, Kim Roberts The Guarantee Company of North America its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2rtd day of October, 2015. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA .C./l�✓fj f�tedi Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14 day of September 2017 Randall Musselman, Secretary - ACORO® CERTIFICATE OF LIABILITY INSURANCE L.------- DATE(MM/DD/YYYY) 10/16/2017 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 be endorsed. If SUBROGATION IS WAIVED, subject to the torms 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). MHK Insurance Inc. 12316 -107 Ave CNAPRODUCER NAME: Veronica Stoliery PHONE FAX (AIC. No. ExU: 7 3f)-4fi4-9RB3 (AFC, No): 780-452-6095 E-MAIL ADDRESS: vstnllerymrnhidnsurance_cD[TL— Edmonton, Alberta, Canada T5E 1Z1 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Liberty Mutual Insurance Company 17�i INSURED American Process Group, Inc. 1201 Pacific Avenue, #600 Tacoma WA 98402 INSURER B : 04/19/2017 INSURER C EACH OCCURRENCE INSURER D : INSURER E : $ INSURER F : COVERAGES CERTIFICATE NUMBER:1 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 TYPE OF INSURANCE ADDL INSR SUBR wvD POLICY NUMBER POLICY EFF (MMIOD/YYYY) POLICY EXP (MMlDD/YYYY) LIMITS A GENERAL X LIABILITY ,'','' COMMERCIAL GENERAL LIABILITY 17�i I ' TB1-071-171138-017 04/19/2017 EACH OCCURRENCE S 2,000,000 USD DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP (Any one parson) S 04/19/2018 PERSONAL 8 ADV INJURY $ 2 000,000 USD $ 5,000,000 USD ' GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: -5.1 POLICY I— P Ca n LOC PRODUCTS - COMP/OP AGG $ 2,00Q.000 USD S A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS I HIRED AUTOS '— r SCHEDULED AUTOS NON-OWNEDAS1-B71-171138.037 AUTOS �' 04/19/2017 COMBINED SINGLE LIMIT l (Ea accident) S 2.000.000 USD $ BODILY INJURY (Per parson) BODILY INJURY (Per accident) 04/19/2018 $ PROPERTY DAMAGE - (Per accldenl) S S ~— UMBRELLA LIAR EXCESS LIAB _ OCCUR CLAIMS -MADE n n EACH OCCURRENCE $ AGGREGATE S DED RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under nFSCRIPTION OF OPERATIONS below N / A r I . f y WC2-B71-171138-027 04/19/2017 04/19/2018 WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1000,000 USD E.L. DISEASE - EA EMPLOYEE S 1,000,000 USD E.L. DISEASE - POLICY LIMIT S 1,000,000 USD A Contractor's Pollution Liability � 1 ' • Y UB1TO1ABATH7117 04/19/2017 04/19/2018 $2,000,000 CAD Each Occurrence Limit $4,000,000 CAD Policy Aggregate Limit DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) �"0� ! D �D Commerclal General Liability Policy; Contractors Pollution Liability Policy; Automobile Policy; Additional Insured: City of Corpus Christi, but only with respect to liability arising out of the named insured's operations. It is hereby understood and agreed that the insurer waives its right of subrogation in favor of the City of Corpus Christi, but only with respect to liability arising out of the operations of the Named Insured. Employer's Liability Policy#WC2-B71-171138-026: It is hereby understood and agreed [hat the Insurer waives its right of subrogation in favor of the City of Corpus Christi, but only with respect to liability arising out of the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi, Engineering Project E17050 O.N. Stevens Water Treatment Plant PO Box 9277 Corpus Christi TX 98469-9277 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDR 6 D tTI . \ SURANCE INC. ..., ,�\� . C-, ACORD 25 (2010/05) - hts reserved. The ACORD name and logo are registered marks of CORD Clear All 1 Policy Number TB1-B71-171138-017 Issued by Liberty Mutual Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement Named Insured Endorsement number American Process Group Inc. 001 The following changes are effective as of the effective dates shown below and will terminate with the policy. All other provisions of the policy remain unchanged. Change Description Effective Date: 09/14/2017 The following form(s) are added per attached: Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization, Form CG 20 10 04 13 Earlier Notice of Cancellation Provided By Us, Form CG 02 24 10 93 Issued: 09/25/2017 BB IC 99 99 07 09 © 2008, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 POLICY NUMBER: TB1-B71-171138-017 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 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 04 13 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © ISO Properties, Inc., 2012 Page 1 of 2 0 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Stevens Water Treatment Plant Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (if no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Policy Number Issued by TB1-B71-171138-017 \% Liberty Mutual Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement Named Insured Endorsement number American Process Group Inc. 002 The following changes are effective as of the effective dates shown below and will terminate with the policy. All other provisions of the policy remain unchanged. Change Description Effective Date: 10/05/2017 The following form(s) is added per attached: Waiver Of Transfer Of Rights Of Recovery Against Others To Us, Form CG 24 04 05 09 Issued: 10/10/2017 LB IC99990709 © 2008, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Name Of Person Or Organization: City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 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 7 Endorsement No. 16 ADDITIONAL INSURED ENDORSEMENT Liberty Internauuuat Underwriters Effective Date: October 6, 2017 Policy Number: UBITO1ABATH7117 Issued to: American Process Holdings (Canada) Ltd. Issued by: Liberty Mutual Insurance Company Broker: MHK Insurance Inc. — Edmonton In consideration of the premium charged, it is hereby agreed that the following changes are made to the policy. The following entities are included as Additional Insured. Coverage for such Additional Insured(s) applies under this Endorsement: 1. Solely to the Additional Insured's liability arising out of "professional services" or "covered operations" performed by the "insured"; and Only if the Additional Insured is named in a suit as a co-defendant with the "named insured", alleging the Additional Insured is liable on the basis described in paragraph 1 above. ADDITIONAL INSURED(S): City of Corpus Christi Re: Project E17050 O.N Stevens Water Treatment Plant. Intermediate Sludge Removal Phase 1 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Authorized Representative of Liberty Mutual Insurance Company October 6, 2017 Date 1 UB -1 (04/08) Contractor's Pollution Liability - Occurrence Practice Policy Liberty International Underwriters, a Division of Liberty Mutual Insurance Company Endorsement No. 17 NOTICE OF CANCELLATION Liberty International Underwriters. Effective Date: October 6, 2017 % Policy Number: UBITOIABATH7117 f Issued to: American Process I-Ioldings (Canada) Ltd. Issued by: Liberty Mutual Insurance Company Broker: MHK Insurance Inc. — Edmonton In consideration of an additional premium of S500.00, it is hereby agreed that the following paragraph is added to SECTION V - CONDITIONS, paragraph 4. Cancellation: It is further understood and agreed that we will provide written notice of policy cancellation, adverse reduction (including reduction of Limits by payment of a "claim"), adverse material alteration or adverse material amendment indicating the effective date of such action by us, no later than 30 days(15 days in the event of non-payment of premium, 5 days notice applies if personally delivered) in advance of such action to the following Scheduled Entities:. SCHEDULED ENTITIES: City of Corpus Christi ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Authorized Representative of Liberty Mutual Insurance Company October 6, 2017 Date 1 UB -2 (04/08) Contractor's Pollution Liability - Occurrence Practice Policy Liberty International Underwriters, a Division of Liberty Mutual Insurance Company 1 Endorsement No. 18 WAIVER OF SUBROGATION Liberty International Underwriters. Effective Date: October 6, 2017 Policy Number: UB1TOIABATH7117 Issued to: American Process Holdings (Canada) Ltd. Issued by: Liberty Mutual Insurance Company Broker: MI -IK Insurance Inc. — Edmonton It is hereby agreed that SECTION V. CONDITIONS, paragraph 18. Transfer of Rights of Recovery Against Others to Us, is deleted in its entirety and replaced with the following: 18. Transfer of Rights of Recovery Against Others to Us In the event of any payment under this policy, we shall be subrogated to all of your rights of recovery therefor against any person or organization and you shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights including without limitation, assignment of your rights against any person or organization on account of which we made any payment under this Policy. You shall do nothing to prejudice our rights under this paragraph. Any recovery as a result of subrogation proceedings arising out of the payment of "loss" covered under this Policy shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then to us to the extent of our payment under the Policy; and then to you to the extent of your Deductible. Expenses incurred in such subrogarion proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery. This provision shall not apply to the entity and project noted below where you have waived such rights against the entity with respect to the "covered operations" performed at the project scheduled, but only to such extent you, prior to the "loss", were contractually obligated to waive such right under a written contract. ENTITY City of Corpus Christi PROTECT Project E17050 O.N Stevens Water Treatment Plant. Intermediate Sludge Removal Phase 1 1 2 UB -3 (09/10) Contractor's Pollution Liability - Occurrence Practice Policy Liberty International Underwriters, a Division of Liberty Mutual Insurance Company ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Authorized Representative of Liberty Mutual Insurance Company October 6, 2017 Date 2 2 Lit erty International Un4erwriters• UB -3 (09/10) Contractor's Pollution Liability - Occurrence Practice Policy Liberty International Underwriters, a Division of Liberty Mutual Insurance Company Policy Number: AS1-B71-171138-037 Issued By: Liberty Mutual Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Organization(s): Email Address or mailing address: Number Days Notice: City of Corpus Christi i '/ 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: AS1-B71-171138-037 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. SCHEDULE 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: AS1-B71-171138-037 Issued by: Liberty Mutual Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization with whom you agreed, because of a written contract, written agreement or written permit, to provide insurance such as is afforded under this Coverage Form. This provision only applies if the written contract or written agreement has been executed, or written permit issued prior to the "bodily injury" or "property damage" Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Endorsement number 1 for policy number AS 1-B71-17113 8 - 03 7 Named Insured American Process Group Inc This endorsement is effective 09/20/2017 and will terminate with the policy. It is issued by the company designated in the Declaration. All other provisions of the policy remain unchanged. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Change Endorsement PREMIUM ADJUSTMENT The following form(s) and/or endorsement(s) are added with the effective date of 09/20/2017: Notice of Cancellation to Third Parties, LIM 99 01 05 11 Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation), CA 04 44 10 13 Designated Insured - Noncontributing, AC 84 23 08 11 Issued:Liberty Mutual Insurance Co. I C9999 10-11 Policy Number AS1-B71-171138-037 FORMS INVENTORY COVERAGE FORMS PARTS AND ENDORSEMENTS FORMING A PART OF THIS POLICY AT INCEPTION: Listed below are possible coverage forms and the states in which they apply. CA 00 01 03 06 FL, HI, VA CA 00 01 1013AK, AL, AR, AZ, CA, CO, CT, DC, DE, GA, GU, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VI, VT, WA, WI, WV, WY Form Number IC9999 10-11 ACS 00 26 04 13 LIM99010511 CA04441013 AC 84 23 08 11 Form Description Change Endorsement Forms Inventory Notice of Cancellation to Third Parties Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver Designated Insured - Noncontributing Applicable to Coverage Form ACS 00 26 0413 © 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 TEXAS AMENDATORY ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. GENERAL SECTION B. Who Is Insured is amended to read: You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a partnership or joint venture, and if you are one of its partners or members, you are insured, but only in your capacity as an employer of the partnership's or joint venture's employees. D. State is amended to read: State means any state or territory of the United States of America, and the District of Columbia. PART ONE—WORKERS COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence: This Section only applies if you have other insurance or are self-insured for the same loss. F. Payments You Must Make This Section is amended by deleting the words "workers compensation" from number 4. H. Statutory Provisions This Section is amended by deleting the words "after an injury occurs" from number 2. PART TWO—EMPLOYERS LIABILITY INSURANCE C. Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injury. Section 6 is amended to read: 6. bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America, Mexico or Canada who is temporarily outside these countries. D. We Will Defend This Section is amended by deleting the last sentence. PART FOUR—YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read: 6. Texas law allows you to make weekly payments to an injured employee in certain instances. Unless authorized by law, do not voluntarily make payments, assume obligations or incur expenses, except at your own cost. PART FIVE—PREMIUM A. Our Manuals is amended by adding this sentence: In this part, "our manuals" means manuals approved or prescribed by the Texas Department of Insurance. WC 42 03 01 H 4 Copyright 2015 National Council on Compensation Insurance, Inc. Page 1 of 4 Ed. 07101/2016 All Rights Reserved. C. Remuneration Number 2 is amended to read: 2. All other persons engaged in work that would make us liable under Part One (Workers Compensation Insurance) of this policy. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured workers compensation insurance. E. Final Premium Number 2 is amended to read: 2. If you cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be Tess than the pro rata share of the minimum premium. PART SIX—CONDITIONS A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be canceled by us. C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. D. Cancelation is amended to read: 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We may also decline to renew it. We must give you written notice of cancelation or nonrenewal. That notice will be sent certified mail or delivered to you in person. A copy of the written notice will be sent to the Texas Department of Insurance—Division of Workers' Compensation. 3. Notice of cancelation or nonrenewal must be sent to you not later than the 30th day before the date on which the cancelation or nonrenewal becomes effective, except that we may send the notice not later than the 10th day before the date on which the cancelation or nonrenewal becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Misrepresentation of the amount of payroll for purposes of premium calculation; c. Failure to pay a premium when payment was due; d. An increase in the hazard for which you seek coverage that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control; e. A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. 4. If another Insurance company notifies the Texas Department of Insurance—Division of Workers' Compensation that it is insuring you as an employer, such notice must be a cancelation of this policy effective when the other policy starts. WC 42 03 01 H © Copyright 2015 National Council on Compensation Insurance, Inc. Page 2 of 4 Ed. 07/01/2016 All Rights Reserved. Add the following to the policy: PART SEVEN—OUR DUTY TO YOU FOR CLAIM NOTIFICATION A. Claims Notification We are required to notify you of any claim that is filed against your policy. Thereafter we must notify you of any proposal to settle a claim or, on receipt of a written request from you, of any administrative or judicial proceeding relating to the resolution of a claim, including a benefit review conference conducted by the Texas Department of Insurance—Division of Workers' Compensation. You may, in writing, elect to waive this notification requirement. We must, on the written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your premium rates. We must furnish the requested information to you in writing no later than the 30th day after the date we receive your request. The information is considered to be provided on the date the information is received by the United States Postal Service or is personally delivered. COMPLAINT NOTICE: THE DISPUTE RESOLUTION PROCESS THIS DISPUTE RESOLUTION PROCESS DOES NOT APPLY TO WORKERS COMPENSATION CLAIMS. Proceed as follows if you have a dispute about your policy related to: • Rates, • The application or interpretation of rules contained in the various National Council on Compensation Insurance, Inc. (NCCI) manuals (including, but not limited to, classification codes and experience rating), • Rating programs, • Endorsements, or • Forms. First, contact the carrier that issued the policy and attempt to resolve the dispute directly. If the dispute is not directly resolved with the carrier, then contact NCCI, to ask for assistance through the dispute resolution process described in the Texas Miscellaneous Rules section of NCCI's Basic Manual. You may obtain dispute resolution services only after you have made a reasonable attempt to first resolve the dispute directly with the carrier and have paid undisputed premium that may be due to the carrier. Send your request for assistance by mall to NCCI, Regulatory Assurance Department—Dispute Resolution Services, 901 Peninsula Corporate Circle, Boca Raton, FL 33487-1362; or by fax to 561-893-5043; or by email to regulatoryassurance@ncci.com. NCCI will first work with you and the carrier to try to resolve the dispute. If you are unable to resolve the dispute to your satisfaction with NCCI's help, then you may ask NCCI to refer the dispute to the Texas Appeals Panel (Appeals Panel). The Appeals Panel consists of two insurance company representatives, an agent representative, a small employer, and a large employer, all appointed by the Texas Commissioner of Insurance. NCCI is the Administrator to the Texas Appeals Panel, and a staff member from TDI, appointed by the Commissioner, serves as the chair of the Panel. Within 30 days of the date that the Appeals Panel issues a decision, any party to the dispute may appeal the decision to the Texas Department of Insurance. To appeal a decision of the Appeals Panel, contact the Texas Department of Insurance, Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, TX 78714-9104; or by fax to 512-490-1064; or by email to chiefclerk@tdi.texas.gov. WC 42 03 01 H ® Copyright 2015 National Council on Compensation Insurance, Inc. Page 3 of 4 Ed. 07/01/2016 All Rights Reserved. THIS NOTICE OF THE DISPUTE RESOLUTION PROCESS IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART, TERM, OR CONDITION OF THIS POLICY. CLAIM COMPLAINT: If there is a workers compensation claim complaint involving one of your employees, then contact the Texas Department of Insurance—Division of Workers' Compensation, System Monitoring and Oversight, 7551 Metro Center Drive, Suite 100, MS -8, Austin, TX 78742; or by fax to 512-490-1030; or by e-mail to DWC- ComplaintResolution@tdi.texas.gov. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART, TERM, OR CONDITION OF THIS POLICY. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WC2-B71-171138-027 Issued to American Process Group Inc. Effective Date Premium $ WC 42 03 01 H © Copyright 2015 National Council on Compensation Insurance, Inc. Page 4 of 4 Ed. 07/01/2016 All Rights Reserved. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Al Texas operations 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WC2-871-171138-027 Issued to American Process Group Inc. Effective Date Premium $ WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 06/01/2014 All Rights Reserved. Liberty Mutual Fire Insurance Company Item 3. Coverage D - Extension of Information Page Miscellaneous Form and Endorsement Schedule Policy Notices and Applications Form Number Form Name Policy Schedules Form Number Form Name GPO 4741 Miscellaneous Form and Endorsement Schedule PA 505 Premium Summary Report by State Policy Endorsements Form Number WC 99 20 57 WC 42 03 04 B WM 90 18 06 11 Form Name End. Serial No. Comments (Applies to all forms listed) 003 California - Application of Endorsements Texas Waiver of Our Right to Recover From Others Notice of Cancellation to Third Parties Policy No. WC2-B71-171138-027 Page 1 of 1 GPO 4741 WC 00 00 01 A Ed.01/01/2001 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (X) Specific Waiver Name of person or organization City of Corpus Christi, Texas PO Box 9277 Corpus Christi, TX 78469-9277 () Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: For: O.N. Stevens Water Treatment Plant 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WC2-B71-171138-027 Effective Date 04/19/2017 Premium $ Issued to American Process Group Inc. WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 06/01/2014 All Rights Reserved. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s) / Organization(s): City of Corpus Christi, Texas Schedule Email Address or mailing address: PO Box 9277 Corpus Christi, TX 78469-9277 ' O.N. Stevens Water Treatment Plant All other terms and conditions of this policy remain unchanged. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WC2-B71-171138-027 Effective Date 04/19/2017 Issued to American Process Group Inc. WM 90 18 06 11 Ed. 06/01/2011 Number Days Notice: 30 Premium $ ©2011, Liberty Mutual Group. All Rights Reserved. Page 1 of 1