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HomeMy WebLinkAboutC2019-256 - 1/15/2019 - Approved C2019-256 1/15/19 M2019-010 Associated Construction Partners 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 15,2019, is between the City of Corpus Christi (Owner)and Associated Construction Partners, Ltd. (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: Wesley E.Seale Dam Outlet Rehal?ilitation E17010 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols,Inc. 800 N.Shoreline Blvd.,,Suite 1600N Corpus Christi,TX 78401 2.02 The Owner's Authorized Representative for this Project is: Kent Power.P.E.—Acting Construction Management Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd.,Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 335 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 365 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23-1 Wesley E.Seale Dam Outlet Rehabilitation—E17010 Rev06-22-2016 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF WESLEY E . SEALE DAM OUTLET REHABILITATION E17010 FREESE AND NICHOLS, INC. 800 N. Shoreline Blvd., Suite 1600N/Corpus Christi, TX/361.561.6500 Record Drawing Number WTR 463 CONTRACT DOCUMENTS FOR CONSTRUCTION OF WESLEY E . SEALE DAM OUTLET REHABILITATION E17010 ��1 •���\\\\,1 ++++0 F�111 f °T�'�f fl . � o °�sll �� o °aSll —� .• •. sfl � /�I lo°0S0°H0oi0AS0l 0N0E00O0RN00A0L0o 00�0 �0o i �0o0 ooooooa00000000oo0o5o0oao°oo°0000Cooa'1oa oo a0�o0/ ................i• ••...a.........oBRIAN D. BR.E•oS. G•�R;.�.�.. AY TORNO JOHN W.P. I •% / r••• • AV8940000o0��; �I?, 95784 112706 / 09/27/18 9 / 27/2018o 00- 9-27-18 0 o /CENS�O I S NAL FREESE AND NICHOLS, INC. FREESE AND NICHOLS, INC. FREESE AND NICHOLS, INC. TEXAS REGISTERED TEXAS REGISTERED TEXAS REGISTERED ENGINEERING FIRM ENGINEERING FIRM ENGINEERING FIRM F-2144 F-2144 F-2144 FREESE AND NICHOLS, INC. 800 N. Shoreline Blvd., Suite 1600N/Corpus Christi, TX/361.561.6500 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev O1-13-2016) 00 30 00 Bid Acknowledgment Form (Revo1-13-2016) 00 30 01 Bid Form (Revo1-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Revo1-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience(Rev 06-22-2016) 0052 23 Agreement (Rev06-22-2016) 0061 13 Performance Bond (Revo1-13-2016) 0061 16 Payment Bond (Revo1-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 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(Revo1-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Revo1-13-2016) 0123 10 Alternates and Allowances 01 2900 Application for Payment Procedures (Rev03-11-2015) 01 29 01 Measurement and Basis for Payment (Revo1-13-2016) 01 31 00 Project Management and Coordination (Revo1-13-2016) 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev7/3/2014) 01 33 02 Shop Drawings 01 33 03 Record Data 01 33 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation Table of Contents 000100- 1 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 06-22-2016 Division/ Title Section 01 35 00 Special Procedures 01 40 00 Quality Management 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard Specifications 021040 Site Grading 022080 Embankment 025202 Scarifying and Reshaping Base Course 025223 Crushed Limestone Flexible Base 026206 Ductile Iron Pipe and Fittings 028020 Seeding 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures Part T Technical Specifications 029611-T Temporary Delivery of Water Supply 13442-T Commissioning of Process Systems 15108-T Knife Gate Valves 15179-T Sluice Gates 15222-T Howell-Bunger Fixed Cone Dispersion Valve 15785-T Care of Water During Construction 16010-T Common Work Results for Electrical 16075-T Identification for Electrical Systems 16111-T Conduits 16120-T Low-Voltage Electrical Power Conductors and Cables 16122-T Wire Connections and Devices 16130-T Outlet Boxes 16131-T Pull and Junction Boxes Table of Contents 000100-2 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 06-22-2016 Division/ Title Section 16170-T Disconnects 16180-T Overcurrent Protective Devices 16190-T Hangers and Supports for Electrical Systems 16450-T Grounding and Bonding for Electrical Systems Appendix Title None END OF SECTION Table of Contents 000100-3 Wesley E. Seale Dam Outlet Rehabilitation—E17010 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: Wesley E. Seale Dam Outlet Rehabilitation E17010 1. This project will have several rehabilitation and improvement work items at Wesley E. Seale Dam (1958) near Mathis,Texas. The primary work items include the removal and replacement of(3)30"x 48"cast-iron sluice gates. (1)5' x 5' cast-iron sluice gate. (1)48" Howell-Bunger Valve and associated appurtenances, electrical operators/actuators for all new and existing sluice gates and supporting electrical feed and switchgear. Additional 6"of crushed limestone paving will be added to the existing crane pad prior to use to support the primary work items. A 12"outlet will be installed in the south spillway training wall to supply maintenance water for the secondary stilling basin, and new access ladders will be provided for access to the south spillway. There is one additive alternate item to provide water supply downstream of the dam at the rate of up to 150 cfs that may or may not be awarded. 2.02 The Engineer's Opinion of Probable Construction Cost for the Base Bid of the Project is $1,689,000. The Project is to be substantially complete and ready for operation within 335 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. No additional time will be allotted for the Additive Alternate. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 PM,Wednesday, October 31, 2018 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. Invitation to Bid and Instructions to Bidders 002113- 1 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 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. 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 -Wesley E. Seale Dam Outlet Rehabilitation, Project No. E17010 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 PM,Wednesday, October 31, 2018, at the following location: City Hall Building— City of Corpus Christi Third Floor Smart Board Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. Invitation to Bid and Instructions to Bidders 002113-2 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on 10:30 AM,Tuesday, October 16, 2018 at the following location: Wesley E. Seale Dam Operations Center CR 365 off of SH 359 Sandia, Texas 78383 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 Invitation to Bid and Instructions to Bidders 002113-3 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. Invitation to Bid and Instructions to Bidders 002113-4 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly 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 Invitation to Bid and Instructions to Bidders 002113-5 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14.01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. Invitation to Bid and Instructions to Bidders 002113-6 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/ MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/ MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/ MBE/ DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1) of the Agreement and attached documents to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. 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 Invitation to Bid and Instructions to Bidders 002113-7 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 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 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. Invitation to Bid and Instructions to Bidders 002113-8 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price 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 Invitation to Bid and Instructions to Bidders 002113-9 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources, workforce, equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113- 10 Wesley E. Seale Dam Outlet Rehabilitation—E17010 Rev 01-13-2016 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1— INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises — Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard 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 • Required 1:1 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 G1 Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price • Required I'1 Not Required Insurance Requirements Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 2 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 3 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 4 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 5 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 6 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 7 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 8 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 9 Wesley E. Seale Dam Outlet Rehabilitation — E17010 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 00 72 01 - 10 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 00 9101 ADDENDUM NUMBER 1 Project: Wesley E. Seale Dam Outlet Rehabilitation Project Number: E17010 011 Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Designer: Freese and Nichols, Inc. Addendum No. 1 Specification Section: 00 9101 Issue Date: October 26, 2018 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: Brian D. Bresler, P.E. October 26, 2018 Name Date Addendum Items: Article 1: - Bidding Requirements —Attachment 1 Article 2: - Modifications to the Specifications or Technical Specifications —Attachment 2 Article 3: - Modification to the Drawings —Attachment No. 3 Article 4: - Clarifications —Attachment No. 4 ARTICLE 1— BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA i #/3' 112706 '41; #c./CENso..44r�.1,1 `A'oL ``�����, 10/26/2018 .. F ��� BRIAN D. BRESLER i qrs:... vilest& FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS Addendum No. 1 Wesley E. Seale Dam Outlet Rehabilitation — Project No. E17010 00 9101 -1 Rev 01-13-2016 A. SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT: DELETE: SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT in its entirety. ADD: SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT in its entirety (Attachment No. 1) ARTICLE 2 — MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 MODIFICATIONS TO TECHNICAL SPECIFICATIONS A. SECTION 15179-T—Sluice Gates DELETE: SECTION 15179-T SLUICE GATES in its entirety. ADD: SECTION 15179-T SLUICE GATES in its entirety (Attachment No. 2) ARTICLE 3 - MODIFICATIONS TO THE DRAWINGS 3.01 MODIFICATIONS TO THE DRAWINGS A. DELETE the following drawings: Deleted Drawings Sheet 4 of 24— PROJECT PLAN VIEW B. ADD the following drawings: Added Drawings Sheet 4 of 24— PROJECT PLAN VIEW (Attachment No. 3) ARTICLE 4 — CLARIFICATIONS 4.01 QUESTIONS AND ANSWERS A. Question: Is this project located in Jim Wells County or Nueces County? Answer: The Nueces River is the dividing line between Jim Wells County and San Patricio County. A part of the dam is located in Jim Wells County and a part in San Patricio County. Geographically, the base bid work is entirely within Jim Wells County. The Additive Alternate can be performed on either side of the dam (in San Patricio or Jim Wells). For all legal purposes, the project owner is the City of Corpus Christi located in Nueces County. Addendum No. 1 Wesley E. Seale Dam Outlet Rehabilitation — Project No. E17010 009101-2 Rev 01-13-2016 B. Question: Is there any % requirement for utilizing any of the following groups as subcontractors within the scope of this work? Service -Disabled Veteran -Owned Small Business concerns (SDVOSB), Economically Disadvantaged Woman -Owned Small Business concerns (EDWOSB), or Small Business concerns. Answer: No, No, and No. C. Question: Is there a geotechnical report available for this job? Answer: There is no geotechnical report for this project. The main work is the replacement of some 60 -year-old valves in a concrete structure, so no geotechnical information was required. D. Question: For those that were not able to attend the walk-thru can we schedule a time and date to look at the site? If so, can you please provide a contact person. Answer: Unfortunately, the engineer and the facility operator are unable to accommodate the request for the additional site visit. E. Question: Are there as-builts on the ladder frames? Answer: No, but the original design drawings are provided in this addendum (Attachment No. 4). The longer ladder model is JOMY Model 902 (31' 0") on the south wall of the spillway chute. The shorter ladder model is JOMY Model 302 (16' 2") on the north abutment wall of the south spillway. The galvanized steel wall frames in which the aluminum ladders are mounted were provided by JOMY. F. Question: What type of SCADA system is running the sluice gates and Howell-Bunger Valve now? Answer: It has been determined that the SCADA on this project will be provided through the logic capabilities of the Rotork actuators through the City's existing PakScan system through the provision of Rotork Actuators with PakScan cards on this project. The PakScan logic controller is located on the outlet tower adjacent the actuators and has sufficient open slots to accommodate the new actuators. Other gates on the dam are already operated from the Dam Operations Center Control Room using the existing PakScan system, so with PakScan logic in the Rotork actuators, the new actuators can be integrated into the existing PakScan SCADA system currently in use by the City. G. Question: Page 3 — E2 lists 150 cfs as the required bypass flow rate, but the page 4 call out lists the additive alternate siphon bypass rate at 110 cfs. Can you please confirm the minimum and maximum flow rates that the bypass system should be designed to operate during construction? Answer: This was an oversight that is corrected in this addendum (Attachment No. 3). The maximum flow rate is 150 cfs. The minimum flow rate is 50 cfs. Addendum No. 1 Wesley E. Seale Dam Outlet Rehabilitation — Project No. E17010 009101-3 Rev 01-13-2016 H. Question: The table in Insurance Specification 00 72 01 Section 1.01A indicates a builder's risk policy is not required. Section 1.04A seems to require a builder's risk policy for this project. Is a builder's risk policy required? Answer: The table in 1.01 is to indicate which insurance is required (or not). The following language, such as 1.04, is boiler -plate contract language to further explain any conditions for the required insurance. As builder's -risk insurance is not required in 1.01, then there is no duty to follow any requirements of 1.04. I. Question: Removal and replacement of the erosion plate is indicated on the contract drawings. Is there a detail available that shows how the existing liner plate is anchored to the concrete? What methods are acceptable for attachment of the new liner plate, and what is the required coating system for the new liner? Answer: The existing liner plate has retainers cast into the concrete. It is shown and called on Sheet 9. The coating system should be provided by Rodney Hunt for the shield, as it is integral to the valve. The acceptable attachment methods would include anchors using Hilti-type epoxy adhesive for submerged conditions. END OF ADDENDUM NO. 1 Addendum No. 1 Wesley E. Seale Dam Outlet Rehabilitation — Project No. E17010 009101-4 Rev 01-13-2016 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT 1.00 GENERAL 1.01 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents for lump sum payment items. Include all direct cost for the Work associated with that lump sum item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each lump sum item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the lump sum price. B. Measurement for progress payments will be made on the basis of the earned value for each item shown as a percentage of the cost for the lump sum item as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES. Payment at Final Completion will be equal to the total lump sum amount for that item. 1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS A. Include all cost for completing the Work in accordance with the Contract Documents in unit price payment items. Include all direct cost for the Work associated with that unit price item and a proportionate amount for the indirect costs as described in SECTION 01 29 00 APPLICATION FOR PAYMENT PROCEDURES for each unit price item. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the unit price. B. Measurement for payments will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. Measurement will be as indicated for each unit price item. 1.03 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE BID ITEMS A. Bid Item A-1 — Mobilization (Not to Exceed 5%): 1. Include the following costs in this Bid item: a. Transportation and setup for equipment; b. Transportation and/or erection of all field offices, sheds, and storage facilities; c. Salaries for preparation of documents required before the first Application for Payment; d. Salaries for field personnel assigned to the Project related to the mobilization of the Project; e. Demobilization; and f. Mobilization may not exceed 5 percent of the total Contract Price. Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 1 OF 6 012901-1 Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed. B. Bid Item A-2 — Bonds and Insurance: 1. Bonds and Insurance required under terms of this contract 2. Measuring for payment is on a lump sum basis. Payment for bonds and insurance will be based on the receipt of City -approved bonds and insurance and documentation of actual costs. The Contractor shall furnish satisfactory evidence of the rate or rates paid for all bonds and insurance. Contractor will be reimbursed for the actual costs of bonds and insurance, not to exceed the verifiable costs of bonds and insurance incurred by the contractor. C. Bid Item B-1 — 6" Limestone Flexible Base Crane Pad Overlay: 1. 6" Type A Grade 1-2 flexible base top -dressed on existing crane pad as shown on plans. 2. Measuring for payment is on a lump sum basis. D. Bid Item B-2 — Reinforced Concrete Equipment Ramp: 1. Reinforced Concrete Equipment Ramp as shown on plans. 2. Measuring for payment is on a lump sum basis. E. Bid Item B-3 —JOMY Retractable Ladder, Approximately 14' tall: 1. Approximately 14' retractable ladder, remove existing and replace with new as shown on plans. 2. Measuring for payment is on a per each basis. F. Bid Item B-4—JOMY Retractable Ladder, Approximately 32' tall: 1. Approximately 32' retractable ladder, remove existing and replace with new as shown on plans. 2. Measuring for payment is on a per each basis. G. Bid Item C-1 - Core Drill 15" or 16" dia. hole in 1 %z' thick concrete wall: 1. Core Drill 15" or 16" dia. hole in 1 %z' thick reinforced concrete wall 2. Measuring for payment is on a per each basis. H. Bid Item C-2 — 4" Knife Gate Valve Assembly, Flanged: 1. 12" DI outlet pipe, water stops, bends, reducers, and 4" knife gate valve (stainless steel) with associated pipe supports as shown on plans. 2. Measuring for payment is on a per each basis. I. Bid Item C-3 — 4" DI outlet with 90° elbow installed and braced: 1. 4" DI outlet pipe assembly oriented and braced and supported with pipe supports as shown on plans, including blind flange with hose bib per plan notes on alternate installation. 2. Measuring for payment is on a per each basis. Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 2 OF 6 012901-2 Rev 01-13-2016 J. Bid Item C-4 — Sluice Gates A/B/C Removal of Existing & Provision/Installation of New: 1. 30" x 48" Cast Iron Sluice Gate, remove existing 60 -year-old sluice gate from wall thimble, provide and install new cast iron sluice gate to existing wall thimble utilizing adapter plate from manufacturer, including all stems, hangers, and appurtenances. 2. Measuring for payment is on a per each basis. K. Bid Item C-5 — Sluice Gate D Removal of Existing & Provision/Installation of New: 1. 60" x 60" Cast Iron Sluice Gate, remove existing 60 -year-old sluice gate from wall thimble, provide and install new cast iron sluice gate to existing wall thimble utilizing adapter plate from manufacturer, including all stems, hangers and appurtenances. 2. Measuring for payment is on a per each basis. L. Bid Item C-6 — 48" Howell-Bunger Valve Removal of Existing & Provision/Installation of New: 1. 48" Howell-Bunger Fixed Cone Dispersion Valve, remove existing 60 -year-old Howell- Bunger Valve from wall thimble, provide and install new 48" Howell Bunger Valve to existing wall thimble utilizing adapter plate from manufacturer, including all stems, hangers and appurtenances, to include 10' metal wall shroud downstream. 2. Measuring for payment is on a per each basis. M. Bid Item C-7 — Electrical Demolition: 1. Demolition of existing electrical appurtenances as shown on the plans. 2. Measuring for payment is on a lump sum basis. N. Bid Item C-8 — Electrical Upgrades — Surge Suppression Devices: 1. Provision and installation of electrical surge suppression devices as shown on the plans. 2. Measuring for payment is on a per each basis. O. Bid Item C-9 — Electrical Upgrades — Cable and Conduit: 1. Provision and installation of electrical cable and conduit as shown on the plans. 2. Measuring for payment is on a lump sum basis. P. Bid Item C-10 — Electrical Upgrades — Electrical Pullboxes: 1. Provision and installation of electrical pullboxes as shown on the plans. 2. Measuring for payment is on a lump sum basis. Q. Bid Item C-11 — Electrical Upgrades — Liquidtight Flexible Metal Conduit: 1. Provision and installation of Liquidtight flexible metal conduit as shown on the plans. 2. Measuring for payment is on a lump sum basis. R. Bid Item C-12 — Concrete Fasteners and Miscellaneous Electrical Installation Hardware: 1. Provision and installation of concrete fasteners and miscellaneous hardware support installation of the electrical items shown in the plans. Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 to ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 3 OF 6 012901-3 Rev 01-13-2016 2. Measuring for payment is on a lump sum basis. S. Bid Item C-13 — Electrical/Mechanical Lifting Gear - Sluice Gates A/B/C 1. Removal of existing and provision/installation of new electrical actuators and appurtenances for Sluice Gates A/B/C. 2. Measuring for payment is on a per each basis. T. Bid Item C-14 — Electrical/Mechanical Lifting Gear - Sluice Gate D 1. Removal of existing and provision/installation of new electrical actuator and appurtenances for Sluice Gate D. 2. Measuring for payment is on a per each basis. U. Bid Item C-15 — Electrical/Mechanical Lifting Gear - Sluice Gates E/F 1. Removal of existing and provision/installation of new electrical actuators and appurtenances for Sluice Gates E/F. 2. Measuring for payment is on a per each basis. V. Bid Item C-16 — Electrical/Mechanical Lifting Gear — Sluice Gate G 1. Removal of existing and provision and installation of new electrical actuator and appurtenances for the Sluice Gate G 2. Measuring for payment is on a per each basis. W. Bid Item C-17 — Electrical/Mechanical Moving Gear — 48" Howell-Bunger Valve 1. Removal of existing and provision and installation of new electrical actuator and appurtenances for the 48" Howell-Bunger Valve, to include PakScan logic cards for integration into the City's existing PakScan PLC through available open slots. 2. Measuring for payment is on a per each basis. X. Bid Item C-18 — SCADA Restoration 1. Contractor to provide integration/controls services to ensure smooth operation and accurate display of SCADA controls for opening and closing sluice gates and valves utilizing existing City PakScan SCADA controls in combination with PakScan cards in new actuators for sluice gates and Howell Bunger Valve. 2. Measuring for payment is on a lump sum basis. Y. Bid Item C-19 — Start-up Testing of Actuators with Manufacturer's Representative 1. Contractor to provide a representative from the actuator manufacturer to perform start-up testing/commissioning to ensure proper function of newly installed actuators for all gates and valves. 2. Measuring for payment is on a lump sum basis. Z. Bid Item C-20 — Care of Water During Construction 1. Contractor responsible for handling water in work zone during construction according to Specification Section 15785 — Care of Water During Construction. 2. Measuring for payment is on a lump sum basis. Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 4 OF 6 012901-4 Rev 01-13-2016 AA. Bid Item C-21 — Rodney Hunt Sluice Gate Technician 1. Contractor responsible for providing Rodney Hunt sluice gate technician to ensure proper installation, adjustment of wedges, and correct installation and smooth operation per manufacturer. Rodney Hunt has specific requirements in counting days of work for their technicians, which includes travel time. The estimated total days are based on these criteria. 2. Measuring for payment is on a per day basis. 1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR ALTERNATES AND ALLOWANCES A. Bid Item D-1 - Outlet Rehabilitation Allowance: 1. This allowance is for unanticipated conditions or improvements required to rehabilitate the outlet works. This allowance may not be used on this project, and this allowance will only be used for items negotiated and authorized by the City's OAR. 2. Units of measure and method of measurement will be determined through negotiation between the City and the Contractor prior to authorization to work and invoice under this item. B. Bid Item E-1 - Additive Alternate No. 1, Bypass System Deployment: 1. This bid alternate is for the Contractor's provision of municipal water supply bypass system at the dam capable of supplying a rate up to 150 cfs continuous to support municipal water supply, industrial water supply, downstream water rights, or environmental flows as necessary by means of pumps or siphons, to include all equipment, materials, sound attenuation enclosures, metering, communication systems, fuels, and 24-hour support personnel in place and ready to begin bypassing. 2. Measuring for payment for System Deployment is on a lump sum basis. C. Bid Item E-2 - Additive Alternate No. 1, Bypass System Operation: 1. This bid alternate is for the Contractor's provision of municipal water supply downstream of the dam at a rate up to 150 cfs continuous to support municipal water supply, industrial water supply, downstream water rights, or environmental flows as necessary by means of pumps or siphons, to include all equipment, materials, sound attenuation enclosures, metering, communication systems, fuels, and 24-hour support personnel. 2. Measuring for payment for System Operation is on a per month basis. D. Bid Item E-3 - Additive Alternate No. 1, Bypass System Removal/Restoration: 1. This bid alternate is for the Contractor's removal of the bypass system, to include all equipment, materials, sound attenuation enclosures, fuels, and 24-hour support personnel facilities, as well as restoration of any roadways, grades, rip -rap, channel integrity, or any other item damaged or altered by the installation of the bypass system to the condition they were at the beginning of the project or better. 2. Measuring for payment for System Removal/Restoration is on lump sum basis. Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 5 OF 6 012901-5 Rev 01-13-2016 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Measurement and Basis for Payment Wesley E. Seale Dam Outlet Rehabilitation — E17010 ADDENDUM No. 1 ATTACHMENT No. 1 PAGE 6 OF 6 012901-6 Rev 01-13-2016 15179-T SLUICE GATES 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary to install sluice gates. 1.02 QUALITY ASSURANCE A. Acceptable Manufacturers: 1. Rodney Hunt/VAG 2. Approved Equal B. Experience Requirements: The Manufacturer shall have had successful experience in manufacturing sluice gate valves. The Manufacturer shall have at least 10 years' experience in the manufacture of valves used in the water resources environment. References and installation list shall be provided on request. C. Manufacturer's Representative for Startup and Testing: The Contractor shall be responsible for securing the services a competent manufacturer's representative for an indefinite period of time as required to provide proper adjustment, installation, and operation of the valve for purposes of commissioning and acceptance. D. Upon completion of installation of the equipment, an acceptance test to verify the satisfactory operation of the equipment shall be conducted. The test shall be approved by the Engineer and the manufacturer's representative. It will be necessary for the Contractor's electrician to be on site to ensure the limit switches are set properly on the new actuators in order to operate the installed gates properly with the City's existing gate control equipment. E. The Contractor shall provide an integrator to ensure the City's existing PakScan gate control equipment and software will control the new gates under the SCADA Restoration line item. F. The Contractor shall test the gate and operator in the presence of the Engineer by operating the system several times throughout its full range of operation. The gate shall be opened at design seating head, provided reservoir elevation is adequate, and the gate shall be tested for leakage at design unseating head. The Contractor shall make any changes and adjustments necessary to ensure satisfactory operation of the gate system and re -prove through additional testing until approval is given by the Engineer and the manufacturer's representative. 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00 "Document Management" and shall include: 1. Shop Drawings. 2. Record Data a. Manufacturer installation data Sluice Gates E17010 — Wesley E. Seale Dam Outlet Rehabilitation ADDENDUM No. 1 ATTACHMENT No. 2 PAGE 1 OF 4 15179 - 1 b. Instructions for adjustments c. Drawings or templates d. Data Sheets. 3. Operation and Maintenance Manuals. 4. Submit for review and approval, a proposal outlining in sequential order the principal shop and field operations required to remove existing gates and appurtenances, assemble, install, test, and inspect each new gate and stem assembly and their associated components and appurtenances. 5. Materials List: Submit a list designating the type, grade, and class of materials to be sued for each item, including the test site address and name of the testing agency. 6. Record Drawings showing elevation of soffit and flowline of each sluice gate installed 7. Adhesive product selection for approval 1.04 STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: 1. American National Standards Institute (ANSI) Standards: a. ANSI B16.1, Cast Iron Pipe Flanges and Fittings. b. ANSI B16.5, Pipe Flanges and Flanged Fittings. c. ANSI B16.47, Large Diameter Steel Flanges: NPS 26 through NPS 60. 2. American Water Works Association (AWWA) Standards: a. AWWA C501-87, Standard for Cast Iron Sluice Gates. 1.05 GUARANTEE AND WARRANTY A. Manufacturer shall warrant the equipment and materials furnished under this Section against defects in materials and workmanship and operational failure for a period of 2 years from the date of Owner acceptance. B. In the event of failure of any part or parts of the equipment during the first 2 years of service, provided that the equipment has been operated and maintained in accordance with good practice, the Manufacturer shall furnish, deliver and install a replacement for the defective part or parts at the Manufacturer's own expense. Manufacturer is also responsible for equipment removal, reinstallation and freight. 2.00 PRODUCTS 2.01 SLUICE GATES A. Frame: 1. Gate Frame shall be of cast iron sluice gate type with flanged connections 2. Bodies shall be: ASTM A126 Class B Cast Iron. Sluice Gates E17010 — Wesley E. Seale Dam Outlet Rehabilitation ADDENDUM No. 1 ATTACHMENT No. 2 PAGE 2 OF 4 15179 - 2 B. Seats: 1. Valve seat face material shall be ASTM B-21, C46400 Bronze. C. Gate: 1. Gates shall be of cast iron. 2. Gates shall be ASTM A126 Class B Cast Iron D. Stem: 1. Stems shall be ASTM A-276 Type 316 stainless steel. E. Wedges, Thrust Nut, Lift Nut, and Coupling: 1. Wedges, Thrust Nut, Lift Nut, and Coupling shall be ASTM B-584, C86500 Bronze. F. Tongue and Guide Liners: 1. ASTM B-98, C65500 Bronze. G. Hardware: 1. All hardware shall be ASTM A-276 Type 316 stainless-steel. 2. Threaded Rod shall be ASTM A-276 Type 316 stainless-steel. 3. Nuts shall be ASTM A-276 Type 316 stainless-steel H. Rubber Gaskets and Seals shall be ASTM D2000, Grade R-62 or Butyl Rubber Mastic I. Core drills, threaded rod, and adhesive may be required for installation of additional threaded rod above the adapter plate on each gate to accommodate the new higher frame guides on the new gates (above the existing thimble). In addition, where new stem guides do not mate to existing threaded rod, a similar installation condition shall occur requiring drilling and adhesive to insert the threaded rod in the existing concrete. The adhesive product choice must be submitted to the Engineer for approval prior to installation of any new threaded rod in any location. Sika adhesive is the preferred adhesive over Hilti due to performance in moist environments. 2.02 GATE OPERATORS: A. Manual Actuators: 1. Gates shall be provided with manual handwheel actuators. Gates larger than 12 -inches shall be provided with bevel gear for ease of operation. B. Electric Motor Actuators: 1. Gate shall be provided with electric motor actuators by Rotork as supplied by Rodney Hunt/VAG for a particular gate and compatible with the existing PakScan controls system at the dam. Sluice Gates E17010 — Wesley E. Seale Dam Outlet Rehabilitation ADDENDUM No. 1 ATTACHMENT No. 2 PAGE 3 OF 4 15179 - 3 3.00 EXECUTION 3.01 INSTALLATION A. Installation shall be in accordance with the Manufacturer's instructions. Valve shaft shall be truly vertical or horizontal as indicated. B. It shall be acceptable to re -use the existing wall thimble through the utilization of a factory - supplied adaptor plate if approved by the manufacturer's representative. C. Supply the manufacturer's complete installation data, instructions for adjustment, and drawings or templates showing the location of the anchor bolts for each gate. D. Install each sluice gate in a manner that will prevent leakage around the seats and prevent binding of the gates during operation. Keep surfaces where metal and concrete come in contact free from oil, grease, loose mill scale, loose paint, surface rust, and other debris or objectionable coatings. Secure new adaptor plates and frames in a true position utilizing existing nuts and bolts where possible. When a flat frame is installed against concrete, place a layer of bedding mortar between the frame and the concrete. When a gate is attached to a wall thimble, apply a mastic or resilient gasket between the gate frame and the thimble, in accordance with the recommendation of the gate manufacturer. E. Carefully align gate stems, stem guides, and gate lifts so that stem is parallel to the guide bars on the gate frame after installation. F. Upon installation, Contractor shall clean, lubricate, and otherwise service the gate and lift in accordance with the manufacturer's recommendations and/or instructions from the manufacturer's representative on site. G. Upon installation, cleaning, and lubrication, the Contractor shall provide a manufacturer's representative to adjust and commission the gates to the satisfaction of the Engineer prior to acceptance. 3.02 FIELD QUALITY CONTROL A. Upon completion of installation of the sluice gates an acceptance test shall be conducted by a Rodney Hunt Factory Representative to verify the satisfactory installation/operation of the valves and make minor adjustments to wedges or otherwise optimize gate travel. The valves must perform in a manner acceptable to the Engineer before final acceptance will be made by the Owner. The Contractor is responsible through a bid item to procure the services of the Rodney Hunt technician. 4.00 MEASUREMENT AND PAYMENT (NOT USED) END OF SECTION Sluice Gates E17010 — Wesley E. Seale Dam Outlet Rehabilitation ADDENDUM No. 1 ATTACHMENT No. 2 PAGE 4 OF 4 15179 - 4 8 , m 4 §, ,,, 6 '.> ' : .Lq E L,, 2772 A ,1 ., ' ,,, COntSuLTAM'S SHEET No. Ro P.M, COR16615 (WcFE'E" e& ,4LE,,;,,Erv-r CHANNEL (.I.ERaD, A RAMP PAVED 1/ =" THIS PROJECT: REMOVE (4) EXISTING SLUICE GATES 'A',EVD, 93131 31! AND ALL APPURTENANCES AND PROVIDE AND INSTALL (4) NEW SLUICE GATES AND AND ALL APPURTENANCES, INCLUDING STEMS, HANGERS, AND OPERATORS AS SHOWN IN THE DRAWINGS. REMOVE EXISTING AND PROVIDE AND INSTALL NEW OPERATORS FOR EXISTING SLUICE GATES E, r AND G.. (SEE SHEETS 6 THRU 10) 0 100' 300' 1==1 SCALE IN FEET .. \, UNPAVED ACCESS ROAD A .F.,,,, : Vti .. ...... e.Ne E LAKE 929392 29927 CONTRACTOR STAGING AREAS OUTLET TOWER ' ......4.---..a.41. ..1.4% ,,,..-.-111112 SOILSH SPILLWAY ADDITIVE ALTERNATE 110 .1 PROVIDE AND INSTALL SIPHON TO MAINTAIND*(CFS INIMFREESE =—M.iNICHOLS FEg.77,.= nes %eee es.?,euseLree (SEE NOTE J2, SHEET 2) =PENS ' . -'01fi 50 A. EMBANKMENT / CENSPAL EILBANKILENS NORTH _ -4.• EELEV -.94.) . LBLE— i rrn.':IWENOTEr ADD 6. BASE COURSE ON EXISTING CRANE PAD (SEE SHEET 5) illi , 40.r. NORTH SPILLWAY . ,itir ' ' hill a doll ,... CITY of CORPUS CHRISTI TEXAS Deportment of Eng;neering Services THIS PROJECT: REMOVE EXISTING 4e ROWEL- BUNGER VALVE AND ALL APPURTENANCES AND PROVIDE AND INSTALL NWE48. H -B VALVE AND ALL APPURTENANCES, TO INCLUDE STEM, HANGERS OPERATORS AND EROSION PLATE AT THIS PROJECT: REMOVE EXISTING 14. (NORTH) AND 37 (SOUTH) .10147 RETRACTABLE ALUMINUM LADDERS (2) AND PROVIDE AND INSTALL (2) IIEW LADDERS (SEE SHEET 20) DISCHARGE (SEE SHEETS 7-9) 07 THIS PROJECT: CONSTRUCT CONCRETE EQUIPMENT RAMP AND 12. OUTLET PIPING AT SECONDARY STILLING BASIN (SEE SHEET 5 AND 16-19) .,j % ,,, LIP WELLS 9229, . . 279 PATPICIO COLIN, 'PP - 47 37;' g / 7 .. „ , ) . ' . , . 2 ' » .. WESLEY E. SEALE DAM OUTLET REHABILITATION PROJECT PLAN VIEW SHEET 4 Nt 24 WOE ONNINN NO. WTR-463 PROJECT PLAN VIEW ADDENDUM No. 1 : (111) SCALE1",00' ATTACHMENT No. 3 PAGE 1 OF 1 DIY MAU IE 47040 EXISDND SUPPTEMEN.RY O STILLING POOL \ END WALL 1501ARS 0 12" B. SLOTTED 5GH 90 PVC DRAIN PIPE I T 0/51005 013* 0 ALL/ DO/ TURNS I e I " • ,1 1, • CS CR SC RLL COMPACT TO 95% STANDAR , ROCTOR • HOOP AROUND EA0I1 PIPE CONFORMS TO 2)1 SLOPE DRAVEL ENCASEMENT A/FILTER PARINC WRAP 80 PVC PIPE DRAIN rTh CONCRETE ENCASEMENT PROVIDE A Tr FOOTING 45 SHOWN VMERE REWIRED TC MAINTAIN 4" 121N. GOWER FOR PIPES TYPICAL WING ELEVATION NOT TO SCALE SCH AO PVC DRAIN PIPE 0 AINS SAFETY 5141) — CONCRETE ENCASEMENT 180 PVC PIPE DRAIN (5') CONCRETE ENCASEMENT 911i ROCK RIPRAP OVER 6t3 4" BEDDING FILTER FABRIC PT— CONCRETE ENCASEMENT MOUNTING BRACKETS FURNISHED BY LADDER MANUFACTURER ATTACHED TO R AT APPROX. 4/2*3000030 WITH 55 POTTS (0 PLACES) . 49"66020" WELDED / TO L TFD" 80 PVC PIPE DRAIN (eTh CONCRETE ENCASEMENT • 5E1 6AL DIAM. OF PIPES TABLE OE DIMENSIONS 2 0 G IF Y 24" 3 30. F.OR_ CROEN=.Pn.,EIP,; *4 *0.0.12, MULTIPLE PIPES ELEVATION NOT TO SCALE SECTION 1,49 NOT TO SCALE PLAN NOT TO SCALE CONCRETE HEADWALL FOR PIPE (STOLTETTICSAITE") —EXISTING SPILLWAY TRAINING WALL 2-1/S 1308")/ TA6" ATTACHED TO WALL WITH VP SS ANCHOR BOLTS HETI HIT HY 354 (TYP). • 5" EMBEDMENT 0 24" c/c BOTH LADDER LOCATIONS MOUNTING BRACPCTS SUPPLIED BY MANUFACTURER ATTACHED TO SPILLWAY WALL AT *PPR x 0 . INTERVALS 4410 0;" SS ANCHOR BOLTS NEI HIT HY 150 (13P). 5" EMBEDMENT 201, SAFETY LADDER 005.==.0-1 (OPENED) MODEL 402 WARICHT HAND SAFETY RAIL (7) SECTION EITEL) 43.0 2 -L'S 1,24 134" HOT DIPPED OALVAN/2ED AT BOTH LADDER LOCATIONS TOP OF EX/STING SPILLWAY TRAINING wALL VT/ErDMOEVAlegILEED9 lt1 SPILLWAY WALL , APPROX. 4/ INTERVALS WITH SS ANCHOR BOLTS HIL1 PIT HY 150 (.0), 5' EMBEDMENT 201, SAFETY LADDER W/RIGHT NAND SAFETY RAIL TYPICAL SPILLWAY WEIR FOR CANAL WALL INSTALLATION JOEY 46 0 TABU WENT WAL, EL. 5000 (CANAL voi..1.) ELEV. 41.8p -66 0. SS ANCHOR BOLTS HI. HIT HY 150 (TYP), 5' EMBEDMENT 0 24' 6/0 contsuE.r's PROJ£Cr NO /0002/574 ADDENDUM No. 1 ATTACHMENT No. 4 PAGE 1 OF 1 (;Th LADDER EXTENSION DETAIL 1210 -6612" PFC Le1 CC 0002 LN 0 301 51.07 124 13_ RECORD OWING NO WTR-340 031012110340004l.. Report Created On: 10/31/2018 2:40:11 PM PROJECT: E17010 Wesley E. Seale Dam Outlet Rehabilitation BIDDER: Associated Construction Partners Ltd TOTAL BID: $1,507,612.87 COMPLETION TIME: Not Required BIDDER INFO: 215 W Bandera Rd Ste 114-461 Boerne,TX 78006 P: 210-698-8714 F: 210-698-8712 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1— BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Associated Constructic_, Partners LT1?type or print name of company) on: Wednesday, October 31, 2018 at 2:00 PM for E17010 — Wesley E. Seale Dam Outlet Rehabilitation. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below) to the City's electronic bidding website at 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 - Wesley E. Seale Dam Outlet. Rehabilitation, Project No. E17010 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 Sig atureAcknowledging Receipt 1 10/26/18 � Y �" ,ti(� Bid Acknowledgement Form 00 30 00 - 1 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 01-13-2016 ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and Bid Acknowledgement Form 00 30 00 - 2 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 01-13-2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the 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 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. Bid Acknowledgement Form 00 30 00 - 3 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 335 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7 —ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 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. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 10.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. Bid Acknowledgement Form 00 30 00 - 4 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 01-13-2016 10.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. ARTICLE 11-- BID SUBMITTAL 11.01 This Bid is submitted by: Bidder: By: Associated construction Partners LTD ped or printed full legal name of Bidder) Name: Jill Simpson Title: Attest: President ls-sIgnature) (typed or printed) State of Residency: Texas (typed or printed) e— ( (individual's signature) Federal Tax Id. No. 26-2197773 Address for giving notices: 215 W Bandera Rd Ste 114-461 Boerne TX 78006 Phone: 210-698-8714 Email: Till@acpartners.org (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) Bid Acknowledgement Form 00 30 00 - 5 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 01-13-2016 Report Created On: 10/31/2018 2:40:11 PM BID TOTALS BASE BID Total General $88,112.87 Site Improvements $100,000.00 Water Resources Improvements $1,069,500.00 Allowance $250,000.00 Total $1,507,612.87 ADDITIVE ALTERNATE 1 Total Additive Alternate No. 1 $740,000.00 Total $ 740,000.00 General No. Description Unit Qty Unit Price Ext Price Al Mobilization (5% Max) LS 1 $70,000.00 $70,000.00 A2 Bonds and Insurance LS 1 $18,112.87 $18,112.87 B3 Sub Total: $88,112.87 Site Improvements No. Description Unit Qty Unit Price Ext Price B1 6" Limestone Flexible Base Crane Pad Overlay LS 1 $10,000.00 $10,000.00 B2 Reinforced Concrete Equipment Ramp LS 1 $50,000.00 $50,000.00 B3 JOMY Retractable Ladder (Approx. 14') EA 1 $15,000.00 $15,000.00 B4 JOMY Retractable Ladder (Approx. 32') EA 1 $25,000.00 $25,000.00 Sub Total: $100,000.00 Water Resources Improvements No. Description Unit Qty Unit Price Ext Price C1 Core Drill 15" or 16" Dia. Hole in 1 1/2' Thick Reinforced Concrete Wall EA 1 $20,000.00 $20,000.00 Report Created On: 10/31/2018 2:40:11 PM C2 4" Knife Gate Valve Assembly, Flanged EA 1 $15,000.00 $15,000.00 C3 4" Outlet with 90° Elbow Installed and Braced EA 1 $10,000.00 $10,000.00 C4 Sluice Gates A/B/C Removal of Existing & Provision and Installation of New EA 3 $65,000.00 $195,000.00 C5 Sluice Gate D Removal of Existing & Provision and Installation of New EA 1 $280,000.00 $280,000.00 C6 48" Howell-Bunger Valve Removal of Exististing & Provision and Install of New, including metal shroud EA 1 $490,000.00 $490,000.00 C7 Electrical Demolition LS 1 $5,000.00 $5,000.00 C8 Electrical Upgrades - Surge Suppression Devices EA 2 $5,000.00 $10,000.00 C9 Electrical Upgrades - Cable and Conduit LS 1 $5,000.00 $5,000.00 C10 Electrical Upgrades - Electrical Pullboxes LS 1 $2,000.00 $2,000.00 C11 Electrical Upgrades - Liquidtight Flex. Metal Conduit LS 1 $3,000.00 $3,000.00 C12 Electrical Upgrades - CC Fasteners and Misc. Hardware LS 1 $500.00 $500.00 C13 Electrical/Mechanical Lifting Gear - Sluice Gates A/B/C EA 3 $500.00 $1,500.00 C14 Electrical/Mechanical Lifting Gear - Sluice Gate D EA 1 $500.00 $500.00 C15 Electrical/Mechanical Lifting Gear - Sluice Gates E/F EA 2 $500.00 $1,000.00 C16 Electrical/Mechanical Lifting Gear - Sluice Gate G EA 1 $500.00 $500.00 C17 Electrical/Mechanical Moving Gear - HB Valve EA 1 $500.00 $500.00 C18 SCADA Restoration LS 1 $2,500.00 $2,500.00 C19 Start -Up Testing of Actuators with Manufacturer LS 1 $2,500.00 $2,500.00 C20 Care of Water During Construction LS 1 $10,000.00 $10,000.00 C21 Rodney Hunt Sluice Gate Technician DAY 10 $1,500.00 $15,000.00 Sub Total: $1,069,500.00 Report Created On: 10/31/2018 2:40:11 PM Allowance No. Description Unit Qty Unit Price Ext Price D1 Outlet Rehabilitation Allowance LS 1 $250,000.00 $250,000.00 E2 Sub Total: $250,000.00 Additive Alternate No. 1 No. Description Unit Qty Unit Price Ext Price El Municipal Water Bypass System Deployment LS 1 $420,000.00 $420,000.00 E2 Municipal Water Bypass to 150 cfs by Pump or Siphon Month 6 $45,000.00 $270,000.00 E3 Municipal Water Bypass System Removal/Restoration LS 1 $50,000.00 $50,000.00 Sub Total: $740,000.00 Report Created On: 10/31/2018 2:40:11 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs El 7010 Specifications 10/12/2018 8:18:35 AM Plans El 7010 Plans 10/12/2018 8:18:35 AM Addenda Addendum 1 10/30/2018 9:40:44 AM Other El 7010 Bidders Worksheet 10/12/2018 8:18:35 AM Bidders Pre Bid Attendance List 10/17/2018 1 0:31:03 AM Bidders El 7010 Pre -Bid Attendance Roster 10/19/2018 8:39:57 AM Report Created On: 10/31/2018 2:40:11 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Addendum 1 10/31/2018 13:43:47 PM 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: Nueces River Raw Water Pump Improvements Project No. E11068 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: Phone: Associated Construction Partners LTD Jill Simpson (typed or printed) nature -- attach evidence of authority to sign) President (typed or printed) 215 W Bandera Rd Ste 114-461 Boerne TX 78.006 210-698-8.714 Email jill@acpartners.org END OF SECTION 003006-1 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 121 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: Associat onstruction Partners LTD Jill Simps attire -- a (typed or printed) r ch evidence of authority to sign) (typed or printed) Title: President Business address: 215 W Bandera Rd Ste 114-461 Phone: Boerne TX 78006 210-698-8714 Email: Jill@acpartners.org END OF SECTION Compliance to State Law on Nonresident Bidders Wesley E. Seale Dam Outlet Rehabilitation -- E17010 003002-1 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY Cl IT PURCHASING DIVISION City of �� 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: Associated Construction Partners LTD P. O. BOX: 215 W Bandera Rd Ste 114-461 STREET ADDRESS: 29250 Old FredericksbuCT4d Boerne TX ZIP: 78015 FIRM IS: 1. Corporation 4. Association 2. Partnership n 5. Other u 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of thispage or attach separate sheet. 1. State the names of each `employee" of the City of Corpus hristi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 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 None 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 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: Jill Situps • Title: Pres : d (rypc or Print) Signature of Certifying Person: / DEFINITIONS Date: 10/30/18 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 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That wc, Associated Construction Partners, Ltd. 215 W. Bandera Rd., Ste. 114-461, Boerne, Texas 78006 as Principal, hereinafter called the Principal. and the North American Specialty Insurance Company of 5200 Metcalf OPN111, Overland Park, KS 66202 , a corporation duly organized under the laws of the State of New Hampshire , as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, City of Corpus Christi in the sum of *** FIVE PERCENT OF TOTAL AMOUNT BID *** Dollars ( 5% TAB ) , for the payment of which sum well and truly to be made, the said Principal and the said and severally, firmly by these presents. Surety. bind ourselves, our heirs, executors, administrators, successors and assigns, jointly WHEREAS, the Principal has submitted a bid for Wesfry E. Seale Dam Outlet Rehabilitation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this 31st day of October 2018 Assited Construction Partners, Ltd. (Seal) t w 0...,C.; -t11[' Principal ',/ Witness u North !ft J/jjk �-" / 4 Title erican Spy isInsurance Company iiitzt-- 04- 4 flf Witness By i ' Fr J 'Reek Attomcy-in-Fact SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL ,MI'.N BY THhaf: I'I.1;SEiN'fS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the Slate of New Hampshire. and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company. a corporation orgiiiii/Cd and existing under the laws of the State of New Hampshirc and having its principal office in the City of Overland Park. Kansas. each, docs perch. :n iI . constitutc and appoint: Ci,\RY W. WI -Il:,\ I LEY, BETTY J. REEH C'1. IRK i). FRES( I.R AND BRYAN K. MOORE JOI\I1 V OkSEVIt121\I.I.Y Its true and tau Cal :A tonic\{s1-in-fact. to make. execute. seal and deliver, for and on its behalf and as its act and deed. bonds or other writings obligatory in the nature ()Ca bond lin behalf of each of .said Companies, as suret}. on crmtraets of suretyship as are or may be required or permitted by la\y. regulation, contract or whet e': Ise. provided that no bond or undertaking or contrat or ares\ ship executed under this authority shall exceed the al2luunt Of: FIFTY \'i1LLION (S50,000,000.00) DOLLARS (his Power ol'Attorne} is granted and is signed by facsimile under and by the irnthoriiy of the following Resolutions adopted by the Boards of I)ir.:ct.nrs of birth North American Specialty Insurance Company and Washington international insurance Company at meetings duly called and held on the Irl' of \l:n. 2012: -RI SI )L.\ 1;17, that any two of the Presidents, any Managing Director, any Senior Vicc President, any Vicc President, any Assistant Vice President, the Secretary or :uly Assisi int Secretary be. and each or any of' thein( hereby is authorized to execute a Power of Attorney qualifying the attorney named in the00 era !'irlver of Attorney to execute on behalf of the Conlp.utbonds. undertakings and all contracts of surety, and that each or any of them hcrch\ is tuithorircd to attest to the execution of ani such Power of Attorney and to attach therein the seal of the Company: and it is Ft I: I l iI }: I. SOLVED. that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any ccrtii;cote rel:itili '. the roto h ;itcsimilc. and an` such !'on\cr oh. or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." HS* By Steven P. Anderson, Senior \ire I're.ideat or Washinztnn International ;mut-alter Company & Senior Vice Presld: rr a North American Sp ecialty Insurance Company By Slirharl 3, ttr. tirnv.rr . ins President of \\ :rsh,n_ton International Iruu ranee Campnny Stalin:. Vire l'residrul or North American Specialty Iota ranee Company s IN \MUNE- tiS WHERi.(11:. North American specialty Insurance Company and \1 .shhi_'tim International Insurance (`oTnpanv have causad their ofticiai seals to be hereunto ;dl -Act]. and these presents to be signed be 111th' authurited ;11.1 -leers this dull Jaly oi' lana:uy 20 I S State of Illinois County of Cook Stin North ;American Specialty Insurance Company Washington International Insurance Company On this 25th day of .January 2018 before nte, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North :American Specials} Insurance Company and Michael A. Ito Senior Vice President id' \V'ashint ion International Insurance Company and senior ]'ice ]'residentofNorth AmericanSpecialty Insurance Company. personal I‘ kno.yn 10 me. who beinii by me duly sworn. acknowledged that they signed the above ]'ower olAttorncy as officers of and kno'.v1L iaood{ said inarrtimont to 110 the volnnimy act and deet(ul thdir respective companies. M. euro Nulary Public • Slat lira,.:• Ary Commissi: r 1 713 0 2 0 21 M, Kenny, Notary Public I. .1ef'1rc (hilt{hurt the duh clecled .1s.islullt .SCeret:lls of -North American tipccialty Insurance Company anti Washington International Insurance Company, do llOi oil\ curt; f. that the abuse and foregoing is a true and correct copy of a Toter of.Anti:alev 0 ven by said North American Specialty Insurance Company and \\ ashington International Insurance Company, which is still in Dull ('nice 1013 edges. IN WITNESS WI IFREOF, I have set my hand and affixed the seals of the Companies this 30; -day of 04 . 20Va Jeffrey Goldberg, t tcc President & Assistant Secretary of Washington International Insurance Company & North Amencan Specialty Insurance Company 4i • • IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jeffrey Goldberg, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll-free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.state.tx.us E-mail:ConsumerProtection Qtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jeffrey Goldberg, Vice President - Claims, al 1-800-338-0753. Usted puede Ilamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para informacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.state.tx.us E-mail:ConsumerProtection a(�tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se convene en parte o condicion del documento adjunto. 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 15, 2019, is between the City of Corpus Christi (Owner) and Associated Construction Partners, Ltd. (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: Wesley E. Seale Dam Outlet Rehabilitation E17010 ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Freese and Nichols, Inc. 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E. — Acting Construction Management Engineer City of Corpus Christi — Engineering Services 4917 Holly Rd., Bldg. #5 Corpus Christi, TX 78411 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 335 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 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Agreement 00 52 23 - 1 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $750 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 $750 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. 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 $ 1,507,612.87 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Agreement 00 52 23 - 2 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set -offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 — INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23 - 3 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23 - 4 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 ARTICLE 8 — ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 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; D. CITY SECRETARY for the City. Agreement 00 52 23 - 5 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 ATTEST CITY OF CORPUS CHRISTI Rebecca H U e rta Digitally signed by Rebecca Huerta Date: 2019.01.29 18:07:06 -06'00' Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Digitally signed by Kent Mcllyar DN. cn=Kent Mcllyar. o. ou. email=kentmc@cctexas.com. c=US Date. 2019.01.25 12.10.55 -06'00' Assistant City Attorney Digitally signed by Jeff Edmonds DN'. cnmleff Edmondso. ooffEngineenng. emailryeffreye@cctexascom. F Date'. 2019 01 25 1656 39 .06'00' J.H. Edmonds, P.E. Director of Engineering Services M2019-010 BY COUNCIL 1 /15/19 RH/ML APPROVED Digitally signed by RHtML DN'. cn5R1-10IL off City Secretary. or Cty Secretary. g uS Date 2019.01280940�14 06'00' ATTEST (IF CORPORATION) CONTRACTOR Digitally signed by Rachel Fitchett DN'. C=US, E=rache t@acpartners. or g, 0- SCR LTD Rachel Fitchett DN -Rachel Fitchett Reasonhave reviewed this document Date. 2019 01 08.2].2]-08'00' Associated Construction Partners, Ltd. (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: Jill SimpsonDTI OPUS Digiolly ad by Jill Simpson =jill@acpartners org Off ASP LTD". Old -Associated Sonstoction Partners Ltd ON-411Simpoon Date 2012 01 17 08 26 00 06 00 President 215 W. Bandera Rd., Ste. 114-461 Address Boerne, TX 78006 City State Zip 210/698-8714 210/698-8712 Phone Jill@acpartners.org Fax EMail END OF SECTION Agreement 00 52 23 - 6 Wesley E. Seale Dam Outlet Rehabilitation — E17010 Rev 06-22-2016 00 6113 PERFORMANCE BOND BOND NO.2275224 Contractor as Principal Name: Associated Construction Partners, Ltd. Mailing address (principal place of business): 215 W. Bandera Rd.. Ste. 114-461 Boerne. TX 78006 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Project No. E17010 Wesley E. Seale Dam Outlet Rehabilitation Award Date of the Contract: January 15, 2019 Contract Price: 51,507,612.87 Bond Date of Bond: January 18, 2019 (Dote of Bond cannot be earlier than Award Date of the Contract) Surety Name: North American Specialty Insurance Company Mailing address (principal place of business): 5200 Metcalf OPNIII Overland Park, KS 66202 Physical address (principal place of business): Same Surety is a corporation organized and existing under the laws of the state of: New Hampshire 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): 913.676.5200 Telephone (for notice of claim): 913.676.5200 Local Agent for Surety Name: Acrisure LLC dba IBTX Address: 10101 Reunion Place, Suite 100 San Antonio, TX 78216 Telephone: 210.697.2230 Email Address: breeh@ib-tx.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 E17010 Wesley E Seale Outlet Rehab 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor a ' ncipal PiljiSignature: / Surety Signature: Of{ k Name: la A III vire"' ,L Name: Betty J. eh Title: • A 11 `' A Title: Attorney -in -Fact Email Address: Mir A j, 1V (M` Email Address: breeh@ib-tx.com IJ (Attach Power of Attorney and place surety seal below) .r} END OF SECTION Performance Bond E17010 Wesley E Seale Outlet Rehab 00 6113 - 2 7-8-2014 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: GARY W. WHEATLEY, BETTY J. REEH CLARK D. FRESHER AND BRYAN K. MOORE JOINTLY OR SEVERALLY its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 1.4f SEAL lot- VAN1973 ru; tj By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company BV Michael A. Ito, Sudor Vice President of Vash ngton International Insurance Company & Senior Vice President of North American Specialty Insurance Company sloppownwu StONAL 2; SEAL 0: :m t.�NAhrgiq rO IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of January , 2018 State of Illinois County of Cook ss: North American Specialty insurance Company Washington International insurance Company On this 25th day of January , 20 118 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty insurance Company and Michael A. ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and decd of their respective companies. 1, Jeffrey Goldberg , the duly elected International insurance Company, do hereby certify that the above and American Specialty insurance Company and Washington International OFFICIAL SEAL M. KENNY I Notary Public - State of Inions My Comm scion (rises M. Kenny, Notary Public Assistant Secretary of North Alncrican Specialty Insurance Company and Washington foregoing is a true and correct copy of a Power of Attorney given by said North Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this( " day oP rb.V\U.c1 , 20 1 1. Z12-- Jeffrey Goldberg. Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company 4 • I• 1 '1 IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jeffrey Goldberg, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll-free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httu://www.tdi.state.tx.us E-mail: Cons u merProtectioni)td i.sta te.tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jeffrey Goldberg, Vice President - Claims, al 1-800-338-0753. Usted puede llamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para informacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.state.tx.us E-mail:ConsumerProtection(a tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. 00 6116 PAYMENT BOND BOND NO. 2275224 Contractor as Principal Name: Associated Construction Partners, Ltd. Mailing address (principal place of business): 215 W. Bandera Rd., Ste. 114-461 Boerne, TX 78006 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: Proiect No. E17010 Wesley E. Seale Dam Outlet Rehabilitation Award Date of the Contract: January 15. 2019 Contract Price: 51.507.612.87 Bond Date of Bond: January 18, 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: North American Specialty Insurance Company Mailing address (principal place of business): 5200 Metcalf OPNIII Overland Park, KS 66202 Physical address (principal place of business): Same Surety is a corporation organized and existing under the laws of the state of: New Hampshire By submitting this Bond, Surety affirms its authority to do business in the State of Texos and its license to execute bonds in the State of Texas. . Telephone (main number): 913.676.5200 Telephone (for notice of daim): 913.676.5200 Local Agent for Surety Name: Acrisure LLC dba IBTX Address: 10101 Reunion Place, Suite 100 San Antonio, TX 78216 Telephone: 210.697.2230 Email Address: breeh@ib-tx.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 E17010 Wesley E Seale Dam Outlet Rehab 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas forany legal ac 'on. Contractor .: • ri Signature: .01gi ipat I Surety Signature: Name: �1 2 + Name: Betty J. /` eh Title: Ie.' 1 to Title: Attorney/ in -Fact i Email Address. 1 1@,( Email Address: breeh@ib-tx.com (Attach Power of Attorney and place surety seal below) I -.-f' to :,:. c n i.1_I V1 ,i1 ., `, .` i 1' .'�R 'I ' yt1771U-./llt/i. END OF SECTION Payment Bond Form E17010 Wesley E Seale Dam Outlet Rehab 00 6116 - 2 7-8-2014 'ffIrtstwt • SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: GARY W. WI-IEATLEY, BETTY J. REEH CLARK D. FRESHER AND BRYAN K. MOORE JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FiFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." oitunosito $ �p0614•.•6 �F''•? By Zid. SEAL I n = Steven P. Anderson, Senior Vice President of Washington International Insurance Company 1973 14,11" & Senior Vice President of Nonh American Specialty Insurance Company INfiniunto- By Michael A. Ito, Senior \lee President of as ngton 1oternatlonal Insurance Company & Senior \'ice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty insurance Company and Washington international Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of January , 2018 • State of Illinois County of Cook ss: North American Specialty Insurance Company Washington international insurance Company On this 25th day of January , 2018 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personalty known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrurnent to be the voluntary act and dccd of their respective companies. OFFICIAL SEAL M. KENNY Notary PUNIC • State of Uliunit My Commission Espies 12/0412021 M. Kenny. Notary Public 1, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington international Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this I day ofjo-Au.Ot(y , 20 t . Jeffrey Goldberg, Vicc President & Assistant Secretary of Washington International insurance Company & North American Specialty Insurance Company ••! t7, • IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jeffrey Goldberg, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll-free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail:ConsumerProtectionntdi.state.tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jeffrey Goldberg, Vice President - Claims, al 1-800-338-0753. Usted puede Ilamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para informacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail:ConsumerProtection(ai)tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE DATE (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IBTX Risk Services 10101 Reunion Place Suite 100 San Antonio TX 78216 CONTACT NAME: PHONE FAX (A/c, No, Ext): 800-880-6689 (A/c, No): 210-696-8414 ADDRESS: service@ib-tx.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED Associated Construction Partners, Ltd. 215 W. Bandera Rd. Ste. 114-461 Boerne TX 78006 INSURER B : The Continental Insurance Company 35289 INSURER C : 10/4/2019 INSURER D : $ 1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 1521710284 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 INSD DDL NSD SwUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6020651005 10/4/2018 10/4/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE PREM SESO(Ea occur ence) $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES INT -LOC PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY x SCHEDULED AUTOS NON -OWNED AUTOS ONLY 6020650985 10/4/2018 10/4/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6020650999 10/4/2018 10/4/2019 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 10.000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability & Auto Liability policies include blanket automatic additional insured endorsements (#CNA750791016, #CA20481013) that provides this feature only when there is written contract between named insured & certificate holder that requires such status. General Liability & Auto Liability policies include blanket automatic waiver of subrogation endorsement (#CNA747050115, #CA04441013) that provides this feature only when there is written contract between named insured & certificate holder that requires such status. Primary Non -Contributory wording per endorsement (#CNA750791016) Re: Project: E17010 Job Name: WESLEY E. SEALE DAM OUTLET REHABILIATATION CERTIFICATE HOLDER CANCELLATION City of Corpus Christi — Engineering Services 1201 Leopard Street Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . CERTIFICATE OF LIABILITY INSURANCE Acct#: 1179840 DATE (MM/DD/YYYY) 1/17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC 5847 San Felipe, Suite 320 Houston, TX 77057 CONTACT 888-828-8365 PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Indemnity Insurance Co. of North America 43575 INSURED Insperity, Inc. 19001 Crescent Springs Drive Kingwood, TX 77339 *SEE BELOW INSURER B : INSURER C : INSURER D $ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBERPOLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE PREM SESO(Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A X C65730947 10/1/2018 10/1/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ASSOCIATED CONSTRUCTION PARTNERS, LTD ( 2407100) IS INCLUDED AS A NAMED INSURED THROUGH ENDORSEMENT RE: PROJECT: E17010; WESLEY E. SEALE DAM OUTLET REHABILIATATION WAIVER OF SUBROGATION IN FAVOR OF CITY OF CORPUS CHRISTI -ENGINEERING SERVICES WHEN REQUIRED BY WRITTEN CONTRACT. Notice of Material Change Endorsement Included CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI -ENGINEERING SERVICES 1201 LEOPARD STREET CORPUS CHRISTI, TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 30020002250936590220255 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Policy No: 6020651005 Endorsement No: Effective Date: 10/04/2018 Insured Name: ASSOCIATED CONSTRUCTION PARTNERS, LTD. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Policy No: 6020651005 Endorsement No: Effective Date: 10/04/2018 Insured Name: ASSOCIATED CONSTRUCTION PARTNERS, LTD. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 6020651005 Page 16 of 17 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Insured Name: ASSOCIATED CONSTRUCTION PARTNERS, LTD. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER C 6020650985 POLICY CHANGES INSURED NAME AND ADDRESS ASSOCIATED CONSTRUCTION PARTNERS, LTD. 215 W BANDERA RD STE 114-461 BOERNE, TX 78006-2820 CA 2048 DESIGNATED INSURED BLANKET This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON OR ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Chairman of the Board G -56015-B (ED. 11/91) Secretary 20020008560206509851310 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ASSOCIATED CONSTRUCTION PARTNERS, LTD. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 40020000560206510053223 CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE. CANCELLATION NOTICE WILL NOT BE SENT WHEN THE REASON IS FOR NONPAYMENT OF PREMIUM. Address: PER SCHEDULE ON FILE BOERNE TX 78006-2820 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX (1-15) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: Associated Construction Partners, Ltd. Copyright CNA All Rights Reserved. Policy No: 6020651005 Endorsement No: 28 Effective Date: 10/04/2018 CNA Business Auto Policy Policy Endorsement NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: CITY OF CORPUS CHRISTI Attention: ENGINEERING SERVICES Street Address: 1201 LEOPARD ST City, State, ZIP: CORPUS CHRISTI, TX 78401 E-mail address: All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA72315XX (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 16; Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Policy No: BUA 6020650985 Policy Effective Date: 10/04/2018 Policy Page: 67 of 96 Workers' Compensation and Employers' Liability Policy Named Insured Insperity Inc. ASSOCIATED CONSTRUCTION PARTNERS, LTD Endorsement Number Policy Number Symbol: RWC Number: C65730947 Policy Period 10/1/2018 TO 10/1/2019 Effective Date of Endorsement 1/17/2019 Issued By (Name of Insurance Company) Indemnity Insurance Co. of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. 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 -ENGINEERING SERVICES 1201 LEOPARD STREET CORPUS CHRISTI, TX 78401 Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: RE: PROJECT: E17010; WESLEY E. SEALE DAM OUTLET REHABILIATATION 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED 7,74, Authorized Representative WC 42 03 048 (06/14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Workers' Compensation and Employers' Liability Policy Named Insured INSPERITY, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD TX 77339 Endorsement Number Policy Number Symbol: RWC Number: C65730947 Policy Period 10-01-2018 TO 10-01-2019 Effective Date of Endorsement 01-22-2019 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. NUMBER OF DAYS ADVANCE NOTICE: 30 2. NOTICE WILL BE MAILED T0: CITY OF CORPUS CHRISTI—ENGINEERING SERVICES 1201 LEOPARD STREET CORPUS CHRISTI, TX 78401 Authorized Agent WC 42 06 01 (7/84) Ptd. in U.S.A.