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HomeMy WebLinkAboutC2019-504 - 8/20/2019 - Approved00 52 23 AGREEMENT This Agreement, for the Project awarded on August 20, 2019, is between the City of Corpus Christi (Owner) and CPC Interests, LLC dba Clark Pipeline Services (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: Water Line Replacement Program IDIQ Project No. 19010A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering J. Douglas McMullan, P. E. 2725 Swantner Corpus Christi, Texas 78404 dougm@urbaneng.com 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 Road, Bldg #5 Corpus Christi, TX 78415 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. This Project will be executed by multiple indefinite quantity Delivery Orders as required by the City, in accordance with the plans, specifications, and contract documents. Each Delivery Order will stipulate the Substantial Completion date, as shown in the Appended Example Delivery Orders, and is eligible for Final Payment 30 days after the date for Substantial Completion. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-1 Rev 10/2018 SCANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF WATER LINE REPLACEMENT PROGRAM PROJECT NUMBER 19010A Record Drawing Number 470 mum mow mom Cityof Corpus Christi LEURBAN ENGINEERING 2725 Swantner Corpus Christi, Texas 78404 (361) 854-3101 TBPE FIRM No: 145 TBPLS FIRM No: 10032400 ' % . 1 la J.DOUGLAS MCMUL'LAN# �► 91066 o. A. ff�p�,'•.�1�EN5E0�' �. MAY 2019 UE Job No: 33760.69.00 CITY OF CORPUS CHRISTI FRONT END DOCUMENTS INDEX Water Line Replacement Program — Project No. 19010A 000100-1 Rev 11/2018 Division / Section Title Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents (Rev. 11-14-2018) 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 10-11-2018) 00 30 00 Bid Acknowledgment Form (Rev 10-11-2018) 00 30 01 Bid Form (Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders (Rev 10-11-2018) 00 30 05 Disclosure of Interest (Rev01-2016) 00 30 06 Non -Collusion Certification (Rev 10-11-2018) 00 45 16 Statement of Experience (Rev 10-11-2018) 00 52 23 Agreement (Rev 10-11-2018) 00 61 13 Performance Bond (Rev 10-11-2018) 00 61 16 Payment Bond (Rev 10-11-2018) 00 72 00 General Conditions (Rev 11-13-2018) 00 73 00 Supplementary Conditions (Rev 10-11-2018) Division 01 General Requirements 01 11 00 Summary of Work (Rev 10-11-2018) 01 23 10 Alternates and Allowances (Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment (Rev 10-11-2018) 01 33 01 Submittal Register (Rev 10-11-2018) 01 35 00 Special Procedures (Rev 10-11-2018) 01 50 00 Temporary Facilities and Controls (Rev 10-11-2018) 01 57 00 Temporary Controls (Rev 10-11-2018) Part S Standard Specifications 021020 Site Clearing and Stripping 021040 Site Grading 022020 Excavations and Backfill for Utilities Water Line Replacement Program — Project No. 19010A 000100-1 Rev 11/2018 Division / Section Title 022021 Control of Groundwater Water 022022 Trench Safety for Excavation 022100 Select Material 022420 Silt Fence 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe and Fittings 026210 Polyvinyl Chloride Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeve and Tapping Valves 026411 Gate Valves For Waterlines 026416 Fire Hydrants 027205 Fiberglass Manholes 028020 Seeding 028040 Sodding 028200 Mailbox Relocation 028300 Fence Relocation 028320 Chain Link Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel Water Line Replacement Program — Project No. 19010A 000100-2 Rev 11/2018 Division / Section Title 038000 Concrete Structures Part T Technical Specifications Technical Special Provisions 01200 Existing Obstructions 02230 Utility Easement R.O.W Clearing and Restoration 02204 Ditch Cleaning and Shoulder Restoration 02340 Boring and Casing Roadways and Railroads 02342 Open Cutting and Casing 02449 Installation of Utilities by Horizontal Directional Drilling 02450 Installation of Utilities by Pipe Bursting 02512 Fusible Polyvinyl Chloride Pipe 02620 Storm Water Pollution Prevention 05020 Welding 09910 Painting 15060 Miscellaneous Piping 15104 Gate Vales 15108 Combination Air Release and Vacuum Valves APPENDIX 1 Example Delivery Order Water Line Replacement Program — Project No. 19010A 000100-3 Rev 11/2018 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: Water Line Replacement Program Project No. 19010A A. This project consist of City-wide waterline improvements which includes removal and abandonment of existing 4" to 8" (8" max.) waterlines, the installation of new 4" to 8" (8" max.) waterlines by open trenching, pipe bursting, horizontal directional drilling, boring and jacking, boring and casing, new fire hydrants, valves, fittings, services, pavement repair, and other miscellaneous items required to complete the project. Work will be executed with multiple indefinite delivery, indefinite quantity (IDIQ) delivery orders as required, in accordance with the plans, specifications, and contract documents. Each delivery order will stipulate the Substantial Completion date, as shown in the appended example delivery order. The initial contract will be for a one (1) year (12 -calendar months) base contract, with two (2) optional one (1) year (12 -calendar month) extensions. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $1,800,000., for this initial one-year contract. This Project will be executed by multiple indefinite delivery, indefinite quantity delivery orders as required by the City, in accordance with the plans, specifications, and contract documents. Each delivery order will stipulate the Substantial Completion date, as shown in the appended example delivery order, and is eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3 — DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday, June 26, 2019 at 2:00 pm, to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-1 Rev 10/2018 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. Bid Security as detailed in Article 8 of this Section must be submitted in accordance with paragraph 3.04. 3.04 If submitting a hard copy bid or bid security, 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 — Water Line Replacement Program — Project No. 19010A 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 the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd. Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4 — PRE-BID CONFERENCE 4.01 A non -mandatory pre-bid conference for the Project will be held on Tuesday, June 18, 2019 at 9:30 am, at the following location: City Hall Building, 3rd Floor Engineering SmartBoard Conference Room 1201 Leopard Street Corpus Christi, Texas 78401 ARTICLE 5 — COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-2 Rev 10/2018 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6 — EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents, Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents, Addenda, and the related supplemental data. E. Determine that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon completion of Work required by the Contract Documents, Addenda, and the related supplemental data, that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents, Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7 — INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Questions must be submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening, in order for responses to be posted. 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 Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-3 Rev 10/2018 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 the Bid Security as an attachment to their bid. The original Bid Bond, 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 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract, the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 5. Bid Bond in the amount of $90,000 5% of $1,800,000 = $90,000 1,800,000 = IDIQ contract "cap" (amount/highest potential value) 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. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-4 Rev 10/2018 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 in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10 — CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110, trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of "confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11— MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-5 Rev 10/2018 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days, thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12 — BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13 — STATEMENT OF EXPERIENCE 13.01 Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE with the date Bid to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14 — EVALUATION OF BIDS 14.01 The Owner will consider the amount bid, the Bidder's responsibilities, the Bidder's safety record, the Bidder's indebtedness to Owner, the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid. ARTICLE 15 — AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner will, at its discretion, award the contract to the lowest responsible bidder for the base bid, plus any combination of Add or Deduct Alternates. 15.02 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. 15.03 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. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-6 Rev 10/2018 The City intends to award this INDEFINITE DELIVERY/ INDEFINITE QUALITY (ID/IQ) CONTRACT for approximately $1,800,000 over a 1 year period with 2 possible 1 year renewals. Renewal will be based on Contractor's successful performance of Delivery Orders, approval by the Owner, and concurrence from the Contractor. The renewal will allow for an economic adjustment, based upon published and acceptable indices. The Owner will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. Emergency Delivery Orders, as determined by the City, may be issued under this Contract. For Emergency Delivery Orders, the Contractor shall be on-site within three (3) hours to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and have in place ALL mitigation measures to prevent further damage to public and private property within six (6) hours of receiving authorization to proceed. The Contractor may be required to respond to and complete up to two (2) Emergency and/or Non -Emergency sites at the same time. In the case of Emergency Delivery Orders, the Contractor shall also be required to maintain continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) has/have been rectified and the danger to the Public has been resolved. To accommodate the increased costs associated with the Emergency Work, a "Coefficient for Emergency Work" of 1.5 will be included in applicable D. O. This coefficient shall be applied to the Bid Items to determine the final cost of the Emergency Repair(s). The Contractor shall have the following materials stock piled onsite in case of an emergency: a. 2000 -ft. of 4 -inch C-900 DR18 PVC Pipe. b. 2000 -ft. of 6 -inch C-900 DR18 PVC Pipe. c. (2) 4 -inch gate valves. d. (2) 6 -inch gate valves. The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However, there shall be no expectation (by Contractor) that all bid items and/or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. The hypothetical quantities (Emergency Scenario Pricing) shown in the Bid Form are not intended for award but will be used for bid evaluation purposes ONLY. The Contract award value is based on current anticipated budget allocations. The Contractor will have no basis for a claim against the City, if the actual delivery order total is less. 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 00 GENERAL CONDITIONS. 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%. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-7 Rev 10/2018 ARTICLE 17 — BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set 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 Engineering Services 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 executed Contract to the Owner within 10 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19 — SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20 — WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. 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 or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process, the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-8 Rev 10/2018 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. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City -accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. Invitation to Bid and Instructions to Bidders Water Line Replacement Program — Project No. 19010A 002113-9 Rev 10/2018 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 capacity to perform the Work will include a factual review of (i) all remaining work or incomplete work items under any existing city or non -city contract; (ii) resources, workforce, equipment and supervision/supervisory staff; (iii) past performance 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 Water Line Replacement Program — Project No. 19010A 00 21 13 - 10 Rev 10/2018 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi, Texas Urban Engineering B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. Newly installed waterline and appurtenances per each Delivery Order issued. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-1 Rev 10/2018 May 4 November 3 June 4 December 3 3. A total of 43 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: "5.03 Subsurface and Physical Condition No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Condition at Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-2 Rev 10/2018 ARTICLE 6 — BONDS AND INSURANCE SC -6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS 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 _ X Required • Not Required Builder's Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost Structure and Contents _ of • Required X Not Required Installation Floater Required if installing city -owned equipment Equal to Contract Price • Required X Not Required Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-3 Rev 10/2018 SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS SC -14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX -21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX -29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-4 Rev 10/2018 General Decision Number: TX190021 01/04/2019 TX21 Superseded General Decision Number: TX20180031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader $ 8.72 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is https://www.wdol.gov/wdol/scafiles/davisbacon/TX21.dvb?v=0[1/14/2019 4:48:53 PM] like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is https://www.wdol.gov/wdol/scafiles/davisbacon/TX21.dvb?v=0[1/14/2019 4:48:53 PM] based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/TX21.dvb?v=0[1/14/2019 4:48:53 PM] General Decision Number: TX190029 01/04/2019 TX29 Superseded General Decision Number: TX20180040 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 SUTX2011-010 08/08/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving & Structures).. $ 12.64 FORM BUILDER/FORM SETTER Paving & Curb $ 10.69 Structures $ 13.61 LABORER Asphalt Raker $ 11.67 Flagger $ 8.81 Laborer, Common $ 10.25 Laborer, Utility $ 11.23 Pipelayer $ 11.17 Work Zone Barricade Servicer $ 11.51 PAINTER (Structures) $ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.25 Asphalt Paving Machine $ 13.44 Mechanic $ 17.00 Motor Grader, Fine Grade$ 17.74 Motor Grader, Rough $ 16.85 TRUCK DRIVER https://www.wdol.gov/wdol/scafiles/davisbacon/TX29.dvb?v=0[1/25/2019 8:23:32 AM] Lowboy -Float $ 16.62 Single Axle $ 11.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. https://www.wdol.gov/wdol/scafiles/davisbacon/TX29.dvb?v=0[1/25/2019 8:23:32 AM] Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. https://www.wdol.gov/wdol/scafiles/davisbacon/TX29.dvb?v=0[1/25/2019 8:23:32 AM] END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/TX29.dvb?v=0[1/25/2019 8:23:32 AM] ARTICLE 19 — PROJECT MANAGEMENT AND COORDINATION SC -19.21 COOPERATION WITH PUBLIC AGENCIES A. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Urban Engineering J. Douglas McMullan, P. E. 361-854-3101 Traffic Engineering 361-826-3547 Police Department 361-882-2600 Water/ Wastewater/ Stormwater 361-826-1800 (361-826-1818 after hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department (City Fiber) 361-826-1956 AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications (Network Operations Center) 1-888-632-0931 CenturyLink 361-208-0730 W i ndstrea m 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-5 Rev 10/2018 ARTICLE 25 — SHOP DRAWINGS SC -25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description 025223 Crushed Limestone Flexible Base 026206 Ductile Iron Pipe and Fittings 026210 Polyvinyl Chloride Pipe 026404 Water Service Lines 026409 Tapping Sleeve and Tapping Valves 026411 Gate Valves For Waterlines 026416 Fire Hydrants 030020 Portland Cement Concrete 02340 Boring and Casing Roadways and Railroads 02449 Installation of Utilities by Horizontal Directional Drilling 02450 Installation of Utilities by Pipe Bursting 02512 Fusible Polyvinyl Chloride Pipe 02608 Fiberglass Manholes 15104 Gate Vales 15108 Combination Air Release and Vacuum Valve ARTICLE 26 — RECORD DATA SC -26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description Submit Redline Drawings for each Delivery Order Submit O&M Manuals (as Required) END OF SECTION Supplementary Conditions Water Line Replacement Program — Project No. 19010A 007300-6 Rev 10/2018 00 9101 ADDENDUM NUMBER 1 Project: Water Line Replacement Program Project Number: Owner: City of Corpus Christi , 19010A City Engineer: J. H. Edmonds, P.E. Designer: Urban Engineering Addendum No. 1 Specification Section: 00 91 01 Issue Date: 06/21/2019 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: Urban Engineering J. Douglas McMullan, P. E. 06/21/2019 Name Date Addendum Items: ARTICLE 2 — MODIFICATION TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. DELETE AND ADD ARTICLE 4 — CLARIFICATIONS: QUESTIONS AND ANSWERS R • J. DOUGLAS MCMULLAN a 114•%. 91068 's t,y*yL/G At.;• 0 `1` "rw URBAN ENGINEERING TBPE No. 145 ARTICLE 1— BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA 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. ARTICLE 2 — MODIFICATIONS TO THE SPECIFICATIONS OR TECHNICAL SPECIFICATIONS. 2.01 AMEND SPECIFICATIONS (OR TECHNICAL SPECIFICATIONS) SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS — Delete the paragraph(s) in its entirety, AND ADD IN AS INDICATED BELOW. A. DELETE: ARTICLE 15 — AWARD OF CONTRACT: Paragraph 15.03 Delete the paragraph in its entirety. Addendum No. 1 Water Line Replacement Program — Project No. 19010A 009101-1 Rev 01-13-2016 ADD: 15.03 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. The City intends to award this INDEFINITE DELIVERY / INDEFINITE QUANTITY (ID/IQ) CONTRACT for approximately $1,800,000 over a 1 year period with 2 possible 1 year renewals. Renewal will be based on Contractor's successful performance of Delivery Orders, approval by the Owner, and concurrence from the Contractor. The renewal will allow for an economic adjustment, based upon published and acceptable indices. The Owner will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. Emergency Delivery Orders, as determined by the City, may be issued under this Contract. For Emergency Delivery Orders, the Contractor shall be on-site within three (3) hours to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and have in place ALL mitigation measures to prevent further damage to public and private property within six (6) hours of receiving authorization to proceed. The Contractor may be required to respond to and complete up to two (2) Emergency and/or Non -Emergency sites at the same time. In the case of Emergency Delivery Orders, the Contractor shall also be required to maintain continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) has/have been rectified and the danger to the Public has been resolved. To accommodate the increased costs associated with the Emergency Work, a "Coefficient for Emergency Work" of 1.5 will be included in applicable D. O. This coefficient shall be applied to the Bid Items to determine the final cost of the Emergency Repair(s). The Contractor shall have the following materials stock piled onsite in case of an emergency: a. 2000 -ft. of 4 -inch C-900 DR18 PVC Pipe. b. 2000 -ft. of 6 -inch C-900 DR18 PVC Pipe. c. (2) 4 -inch gate valves. d. (2) 6 -inch gate valves. The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However, there shall be no expectation (by Contractor) that all bid items and/or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. The Contract award value is based on current anticipated budget allocations. The Contractor will have no basis for a claim against the City, if the actual delivery order total is less. Addendum No. 1 Water Line Replacement Program — Project No. 19010A 009101-2 Rev 01-13-2016 ARTICLE 4 — CLARIFICATIONS 4.01 QUESTIONS A. Question: Seeking review and approval of JS Valve C515 gate valve. Answer: The City does not have a list of approved vendors. If the gate valves meet AWWA and City specifications then they are approved for use on this project. The Engineer and OAR will review the submittals from the contractor once the project has been awarded. If at that time we find something does not meet the specifications we have the option of rejecting the valves/hydrants, etc. The onus is on the supplier to make sure that his equipment meets the project specifications. B. Question: Seeking review and approval of JS Valve C502 dry barrel fire hydrant. Answer: The City does not have a list of approved vendors. If the fire hydrants etc. meet AWWA and City specifications then they are approved for use on this project. The Engineer and OAR will review the submittals from the contractor once the project has been awarded. If at that time we find something does not meet the specifications we have the option of rejecting the valves/hydrants, etc. The onus is on the supplier to make sure that his equipment meets the project specifications. C. Question: Would Certa-Lok be allowed as an equal to Fusible PVC? Answer: Certa-Lok will not be allowed as an equal to Fusible PVC. D. Question: Will Diamond Lok be acceptable as an alternative to fusible PVC? Answer: Diamond -Lok will not be allowed as an equal to Fusible PVC. E. Question: Should the unit of measurement on bid item # B13 be by LF instead of by EACH, as is upon all other "extra depth for waterline installation" bid items? Answer: Bid Item B13 only applies to Bid Items B10 to B12 which will be paid for as each waterline adjustment made, up to 60 -ft in length. Since the linear footage is known i.e. 60 -ft we intended this item to be per Each. F. Question: How many times will the City renew the contract? Answer: The City intends to award this INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) contract for approximately $1,800,000 over a 1 year period with 2 possible 1 year renewals. END OF ADDENDUM NO. 1 Addendum No. 1 Water Line Replacement Program — Project No. 19010A 009101-3 Rev 01-13-2016 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 L1 C'5-4.4t,c411 LL.0 b (L.A '�',�,1; , Sr„tL! (type or print name of company) on: Wednesday June 26, 2019 at 2:00 pm, for Water Line Replacement Program — Project No. 19010A 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. To submit the original bid security or if submitting hard copy bids, please send to: The City of Corpus Christi, Texas City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Secretary Bid - Water Line Replacement Program — Project No. 19010A 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 TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 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. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date �O/2111 ti Signature Acknowledging Receipt Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-1 Rev 10/2018 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-2 Rev 10/2018 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 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 15.03 of SECTION 00 72 00 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, plus any combination of Add or Deduct Alternates. ARTICLE 5 — EVALUATION OF BIDDERS 5.01 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 responsive, 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. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-3 Rev 10/2018 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, correct mathematical errors or to reject non -conforming, non-responsive or conditional Bids. In addition, the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. 5.04 The City intends to award this INDEFINITE DELIVERY / INDEFINITE QUALITY (ID/IQ) CONTRACT for approximately $1,800,000 over a 1 year period with 2 possible 1 year renewals. Renewal will be based on Contractor's successful performance of Delivery Orders, approval by the Owner, and concurrence from the Contractor. The renewal will allow for an economic adjustment, based upon published and acceptable indices. The Owner will issue individual delivery orders with specific bid items and quantities from the Contractor's proposed unit prices. Emergency Delivery Orders, as determined by the City, may be issued under this Contract. For Emergency Delivery Orders, the Contractor shall be on-site within three (3) hours to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The Contractor shall begin actual work and have in place ALL mitigation measures to prevent further damage to public and private property within six (6) hours of receiving authorization to proceed. The Contractor may be required to respond to and complete up to two (2) Emergency and/or Non -Emergency sites at the same time. In the case of Emergency Delivery Orders, the Contractor shall also be required to maintain continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) has/have been rectified and the danger to the Public has been resolved. To accommodate the increased costs associated with the Emergency Work, a "Coefficient for Emergency Work" of 1.5 will be included in applicable D. 0. This coefficient shall be applied to the Bid Items to determine the final cost of the Emergency Repair(s). The Contractor shall have the following materials stock piled onsite in case of an emergency: a. 2000 -ft. of 4 -inch C-900 DR18 PVC Pipe. b. 2000 -ft. of 6 -inch C-900 DR18 PVC Pipe. c. (2) 4 -inch gate valves. d. (2) 6 -inch gate valves. The bid documents include hypothetical scenarios that establish unit costs and to gain an understanding of the type and scope of anticipated delivery orders. However, there shall be no expectation (by Contractor) that all bid items and/or quantities will be awarded in this Contract and that the hypothetical scenarios presented in the plans cover every possible scenario that may arise throughout this project. The hypothetical quantities shown in the Bid Form are not intended for award but will be used for bid evaluation purposes ONLY. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-4 Rev 10/2018 The Contract award value is based on current anticipated budget allocations. The Contractor will have no basis for a claim against the City, if the actual delivery order total is less. ARTICLE 6 — TIME OF COMPLETION 6.01 This Project will be executed by multiple indefinite quantity Delivery Orders as requires by the City, in accordance with the plans, specifications, and contract documents. Each Delivery Order will stipulate the Substantial Completion date, as shown in the Appended Example Delivery Orders, and is eligible for Final Payment 30 days after the date for Substantial Completion. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within the number of days indicated above in Paragraph 6.01. 6.03 The initial contract duration shall be 12 months and will be subject to renewal for up to two (2) additional 12 -months periods. Each delivery order will be issued with an allowable working time (calendar days) and will be based on the durations identified in the Working Time Table. Non -Emergency Delivery Orders — The working time begins and the Contractor shall mobilize, place traffic controls and commence work within 24 hours of receiving written notice from the Owner's Authorized Representative (OAR) to proceed. For each calendar day that any work remains incomplete after the time specified in the Delivery Order for completion of the work or after such time period as extended pursuant to order provision of this Contract, $750.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon the production rates shown in the table below. Emergency Delivery Orders — The working time begins and the Contractor shall be required to be on-site within three (3) hours of receiving written notice from the OAR to proceed to assess the site and to begin mobilizing necessary crews, equipment, traffic control measures, etc. The contractor shall begin actual work and shall have in place ALL mitigation measures to prevent further damage to public and private property within six (6) hours of receiving written notice from the OAR to proceed. In the case of Emergency Delivery Orders, the Contractor shall be required to maintain continuous operations (24 hours per day, 7 days per week), until the emergency situation(s) have been rectified and the danger to the Public has been resolved. For each calendar day that any work remains incomplete after the time specific in the Delivery Order for completion of the work or after such time period as extended pursuant to other provisions of the Contract, $750.00 per calendar day will be assessed against the Contractor as liquidated damages. The completion times for delivery orders issued under this category will typically be based upon production rates shown in the table below. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-5 Rev 10/2018 WORKING TIME TABLE Description Typical Work Time (Days) Allowed for each Delivery Order Non -Emergency Emergency Mobilization 3 Days / D. 0. 1 Day / D. 0 Remove & Replace Water Line (Up to 6 ft. of Cover) 7 Days / 600 LF 5 Days / 600 LF Rehab Water Line Pipeburst (Up to 6 ft. of Cover) 7 Days / 600 LF 5 Days / 600 LF Install Temporary Water Supply for Pipe Bursting 2 Days / 600 LF 1 Day / 600LF Well Pointing for Lines 1 Day / 400 LF 0.5 Day / 400 LF Remove & Replace Driveway or Sidewalk 2 Day / 400 SF 1 Day / 400 SF Install Gate Valve 1 Day / 2 Valves 0.5 Day / 2 Valves Install Fire Hydrant 2 Days / Fire Hydrant 1 Day / Fire Hydrant Install Service 1 Day / 3 Services 0.5 Day / 3 Services Install Pavement (Across Street Curb to Curb) 2 Days / Cut 1 Day / Cut Install Pavement (Along Street) 2 Days / 600 LF 1 Day / 600 LF Fence Removal 1 Day / 100 LF 0.5 Day / 100 LF Clear & Grub 1 Day / 500 SY 0.5 Day / 500 SY Hydrostatic Test 1 Day 1 Day Bacteriologic Test 3 Days 3 Days Note: Working Time shown in this table is in CALENDAR DAYS. Emergency Delivery orders require a 3 hour response ARTICLE 7 —ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON -COLLUSION CERTIFICATION. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-6 Rev 10/2018 ARTICLE 9 — VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County, Texas for any legal action. ARTICLE 10 — ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers, employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid, directly or indirectly, through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act. ARTICLE 11— SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 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. 11.03 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. 11.04 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. 11.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency, or as otherwise existing. Bid Acknowledgement Form Water Line Replacement Program — Project No. 19010A 003000-7 Rev 10/2018 ARTICLE 12 - BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: By: Name: Title: Attest: C?c.Li-c1,0. �‘ic< <,,„ (typed or printed full • .l ame of Bidder) (individu• ' ature) ii- c. (typed or printed) (typed or printed) (individual's signa State of Residency: Federal Tax Id. No. Address for giving notices: I EXAS 21-31/4112zoSS rD"7�V ti Phone: (- 924- S1 ZZ. Email: ccA0., .. e C 1 airly%pc,Jiti,.. c-,). (Attach evidence of authority to sign if the authorized individual is ndt the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership, or joint venture.) END OF SECTION Bid Acknowledgement Form Water Line Replacement Program - Project No. 19010A 003000-8 Rev 10/2018 00 30 01 BID FORM Project Name: Water Line Replacement Program Project Number: 19010A Owner: City of Corpus Christi Bidder: CPC Interests DBA Clark Pipeline Services OAR: Mobilization (Maximum 5%) Designer: Urban Engineering Basis of Bid Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid Part A - GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (Maximum 5%) LS 1 $ 82,600.00 $ 82,600.00 A2 Bonds and Insurance LS 1 $ 31,860.00 $ 31,860.00 A3 Ozone Advisory Day DAY 1 $ 236.00 $ 236.00 SUBTOTAL PART A - GENERAL (Items Al thru A3) $ 114,696.00 Part B - WATERLINE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) WATERLINE REMOVALS CIP AND DIP WATERLINE B1 Remove and Dispose of 2" Diam. CIP and DIP Waterline (Up to 6 -ft of Cover) LF 100 $ 14.16 $ 1,416.00 B2 Remove and Dispose of 4" Diam. CIP and DIP Waterline (Up to 6 -ft of Cover) LF 100 $ 17.70 $ 1,770.00 B3 Remove and Dispose of 6" Diam. CIP and DIP Waterline (Up to 6 -ft of Cover) LF 50 $ 31.86 $ 1,593.00 B4 Remove and Dispose of 8" Diam. CIP and DIP Waterline (Up to 6 -ft of Cover) LF 50 $ 33.04 $ 1,652.00 ACP WATERLINE B5 Remove and Dispose of 2" Diam. ACP Waterline (Up to 6- ft of Cover) LF 50 $ 29.50 $ 1,475.00 B6 Remove and Dispose of 4" Diam. ACP Waterline (Up to 6- ft of Cover) LF 50 $ 31.86 $ 1,593.00 B7 Remove and Dispose of 6" Diam. ACP Waterline (Up to 6- ft of Cover) LF 50 $ 33.04 $ 1,652.00 B8 Remove and Dispose of 8" Diam. ACP Waterline (Up to 6- ft of Cover) LF 50 $ 34.40 $ 1,720.00 B9 Extra Depth for Waterline Removals for Each Vertical Foot Over 6 -ft of Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 39.33 $ 393.30 DIP WATERLINE ADJUSTMENT B10 Furnish and Install 4" Diam. DIP Waterline Adjustment (up to 6 -ft of Cover and 60 -ft in Length) EA 5 $ 6,709.48 $ 33,547.40 B11 Furnish and Install 6" Diam. DIP Waterline Adjustment (up to 6 -ft of Cover and 60 -ft in Length) EA 5 $ 6,497.08 $ 32,485.40 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 1 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT B12 Furnish and Install 8" Diam. DIP Waterline Adjustment (up to 6 -ft of Cover and 60 -ft in Length) EA 5 $ 7,226.32 $ 36,131.60 B13 Extra Depth for Waterline Adjustments For Each Vertical Foot Over 6 -ft Cover, Added to Each Adjustment (All Pipe Sizes) EA 5 $ 1,438.42 $ 7,192.10 WATERLINE INSTALLATION OPEN TRENCHING B14 Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) LF 400 $ 31.86 $ 12,744.00 B15 Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) LF 400 $ 42.09 $ 16,836.00 B16 Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) LF 400 $ 52.81 $ 21,124.00 B17 Extra Depth for Waterline Installation for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 100 $ 21.63 $ 2,163.00 WATERLINE INSTALLATION BY AUGER BORING B18 Furnish and Install 4" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) by Auger Boring LF 100 $ 81.42 $ 8,142.00 B19 Furnish and Install 6" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) by Auger Boring LF 100 $ 125.08 $ 12,508.00 B20 Furnish and Install 8" Diam. C900 DR18 PVC Waterline (Up to 6 -ft of Cover) by Auger Boring LF 100 $ 177.00 $ 17,700.00 B21 Extra Depth for Waterline Installation by Auger Boring for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 39.33 $ 393.30 WATERLINE INSTALLATION BY PIPE BURSTING IN FRONT EASEMENT B22 Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 59.00 $ 11,800.00 B23 Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 68.44 $ 13,688.00 B24 Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 82.60 $ 16,520.00 B25 Extra Depth for Waterline Installation by Pipe Bursting for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 21.63 $ 216.30 TEMPORARY WATER SUPPLY IN FRONT EASEMENT B26 Furnish and Install 2" Temporary Water Supply for Pipe Bursting LF 200 $ 47.20 $ 9.440.00 B27 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 200 $ 53.10 $ 10,620.00 B28 Connect and Disconnect Service to Temporary Water Supply EA 50 $ 442.50 $ 22,125.00 POINT REPAIR IN FRONT EASEMENT B29 Point Repair in Front Easement EA 10 $ 1,593.00 $ 15,930.00 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 2 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT WATERLINE INSTALLATION BY PIPE BURSTING IN REAR EASEMENT 630 Furnish and Install 4" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 67.26 $ 13,452.00 B31 Furnish and Install 6" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 76.70 $ 15,340.00 B32 Furnish and Install 8" Diam. C900 DR18 Fusible PVC Waterline (Up to 6 -ft of Cover) by Pipe Bursting LF 200 $ 94.40 $ 18,880.00 B33 Extra Depth for Waterline Installation by Pipe Bursting LF 10 $ 39.33 $ 393.30 TEMPORARY WATER SUPPLY IN REAR EASEMENT B34 Furnish and Install 2" Temporary Water Supply for Pipe Bursting LF 200 $ 44.25 $ 8,850.00 B35 Furnish and Install 4" Temporary Water Supply for Pipe Bursting LF 200 $ 47.20 $ 9,440.00 B36 Connect and Disconnect Service to Temporary Water Supply EA 50 $ 442.50 $ 22,125.00 POINT REPAIR IN REAR EASEMENT B37 Point Repair in Rear Easement EA 10 $ 2,376.52 $ 23,765.20 WATERLINE INSTALLATION BY HORIZONTAL DIRECTIONAL DRILLING B38 Furnish and Install 4" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 200 $ 125.14 $ 25,028.00 B39 Furnish and Install 6" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 200 $ 159.01 $ 31,802.00 B40 Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD LF 200 $ 197.65 $ 39,530.00 B41 Furnish and Install Air Release Valve and Manhole EA 4 $ 7,776.20 $ 31,104.80 B42 Construct Drill Pads EA 4 $ 8,850.00 $ 35,400.00 WATERLINE AND CASING INSTALLATION BY HORIZONTAL DIRECTIONAL DRILLING B43 Furnish and Install 4" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 10 -inch Steel Casing (0.375" wall) by HDD LF 100 $ 383.21 $ 38,321.00 B44 Furnish and Install 6" C900 DR 18 Fusible PVC Waterline with Casing Spacers and 12 -inch Steel Casing (0.375" wall) by HDD LF 100 $ 431.76 $ 43,176.00 B45 Furnish and Install 8" C900 DR 18 Fusible PVC Waterline LF 100 $ 512.20 $ 51,220.00 B46 Furnish and Install Air Release Valve and Manhole EA 4 $ 7,776.20 $ 31,104.80 B47 Construct Drill Pads EA 4 $ 8,850.00 $ 35,400.00 GATE VALVES B48 Furnish and Install 4" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 755.20 $ 3,776.00 B49 Furnish and Install 6" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 881.46 $ 4,407.30 B50 Furnish and Install 8" R/W Gate Valve, and Valve Box (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 1,272.04 $ 6,360.20 FITTINGS Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 3 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT B51 Furnish and Install 4" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 177.00 $ 885.00 B52 Furnish and Install 4" 22.5 Deg. Bend (MJ with MEGA EA 5 $ 177.00 $ 885.00 B53 Furnish and Install 4" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 201.78 $ 1,008.90 B54 Furnish and Install 4" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 201.78 $ 1,008.90 B55 Furnish and Install 4" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 177.00 $ 885.00 B56 Furnish and Install 4" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 295.00 $ 1,475.00 B57 Furnish and Install 4" Tees (MJ with MEGA LUG Joint Restraint Fitting) EA _ 5 $ 224.20 $ 1,121.00 B58 Furnish and Install 6" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 206.50 $ 1,032.50 B59 Furnish and Install 6" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint fitting) EA 5 $ 200.60 $ 1,003.00 B60 Furnish and Install 6" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 206.50 $ 1,032.50 B61 Furnish and Install 6" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 224.20 $ 1,121.00 B62 Furnish and Install 6" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 195.88 $ 979.40 B63 Furnish and Install 6" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 324.50 $ 1,622.50 B64 Furnish and Install 6" Tees (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 318.60 $ 1,593.00 B65 Furnish and Install 8" 11.25 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 290.10 $ 1,450.50 B66 Furnish and Install 8" 22.5 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 298.66 $ 1,493.30 B67 Furnish and Install 8" 45 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 301.14 $ 1,505.70 B68 Furnish and Install 8" 90 Deg. Bend (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 322.79 $ 1,613.95 B69 Furnish and Install 8" Reducers - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 220.19 $ 1,100.95 B70 Furnish and Install 8" Crosses - All Sizes (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 537.25 $ 2,686.25 B71 Furnish and Install 8" Tees (MJ with MEGA LUG Joint Restraint Fitting) EA 5 $ 416.89 $ 2.084.45 SHORT WATER SERVICE (Up to 14 -ft) B72 Furnish and Install 5/8" to 3/4" Copper or HDPE Service EA 5 $ 602.98 $ 3,014.90 B73 Furnish and Install 1" to 2" Copper or HDPE Service EA 5 $ 1,492.70 $ 7,463.50 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 4 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT LONG WATER SERVICE (Greater Than 14 -ft) B74 Furnish and Install 5/8" to 3/4" Copper or HDPE Service EA 5 $ 691.48 $ 3,457.40 B75 Furnish and Install 1" to 2" Copper or HDPE Service EA 5 $ 1,711.00 $ 8,555.00 RECONNECT EXISTING WATER SERVICE TO WATERLINE B76 Reconnect 5/8" to 3/4" Copper or HDPE Service EA 5 $ 387.04 $ 1,935.20 B77 Reconnect 1" to 2" Copper or HDPE Service EA 5 $ 737.50 $ 3,687.50 CONNECT NEW WATERLINE TO EXISTING WATERLINE BY CONVENTIONAL METHOD WITH SLEEVE AND TEE B78 Connection to Existing 4" Waterline, with Sleeve and Tee EA 5 $ 1,069.87 $ 5,349.35 B79 Connection to Existing 6" Waterline, with Sleeve and Tee EA 5 $ 1,199.67 $ 5,998.35 B80 Connection to Existing 8" Waterline, with Sleeve and Tee EA 5 $ 1,376.67 $ 6,883.35 CONNECT NEW WATERLINE TO EXISTING WATERLINE BY HOT TAPPING WITH SLEEVE AND VALVE B81 Furnish and Install 4" Tapping Sleeve c/w 2" RW Gate Valve EA 5 $ 2,728.16 $ 13,640.80 B82 Furnish and Install 6" Tapping Sleeve c/w 4" RW Gate Valve EA 5 $ 3,595.46 $ 17,977.30 B83 Furnish and Install 8" Tapping Sleeve c/w 4" RW Gate Valve EA 5 $ 3,804.32 $ 19,021.60 B84 Furnish and Install 8" Tapping Sleeve c/w 6" RW Gate Valve EA 5 $ 3,826.74 $ 19,133.70 B85 Furnish and Install 4" Tapping Sleeve c/w 4" RW Gate Valve EA 5 $ 3,488.08 $ 17,440.40 B86 Furnish and Install 6" Tapping Sleeve c/w 6" RW Gate Valve EA 5 $ 3,686.32 $ 18,431.60 B87 Furnish and Install 8" Tapping Sleeve c/w 8" RW Gate Valve EA 5 $ 4,507.60 $ 22,538.00 FIRE HYDRANT B88 Furnish and Install FH Assembly with Long Lead (Tee, Pipe and Valve) Greater Than 14' in Length EA 5 $ 4,885.20 $ 24,426.00 B89 Furnish and Install FH Assembly with Short Lead (Tee, Pipe and Valve) Up to 14' in Length EA 5 $ 4,826.20 $ 24,131.00 B90 Remove Fire Hydrant EA 5 $ 1,180.00 $ 5,900.00 WATER METER BOXES B91 Furnish and Install Water Meter Box EA 5 $ 690.30 $ 3,451.50 ADJUST VALVE BOX B92 Adjust Valve Box 8" and Under EA 5 $ 501.50 $ 2,507.50 TRENCH SAFETY B93 Trench Safety for Remove and Install Waterline (Up to 6- ft of Cover) LF 400 $ 11.80 $ 4,720.00 B94 Extra Depth for Trench Safety for Remove and Install Waterline for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 29.50 $ 295.00 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 5 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT B95 Trench Safety for Auger Boring/Pipe Bursting Pits (Up to 6 -ft of Cover) EA 5 $ 2,950.00 $ 14,750.00 B96 Extra Depth for Trench Safety for Auger Boring/Pipe Bursting for Each Vertical Foot Over 6 -ft Cover, Added to Each (All Pipe Sizes) EA 5 $ 1,180.00 $ 5,900.00 REPAIR ITEMS B97 Furnish and Install Cement Stabilized Sand TONS 100 $ 64.90 $ 6,490.00 B98 Clearing and Grubbing AC 1 $ 2,950.00 $ 2,950.00 B99 Furnish and Install Asphalt Pavement Repair SY 100 $ 100.30 $ 10,030.00 B100 Sawcut Asphalt Per 2" lift greater than 2" thickness LF 1000 $ 1.77 $ 1,770.00 8101 Furnish and Install Asphalt Overlay Per 2" lift greater than 2" thickness SY 100 $ 29.50 $ 2,950.00 B102 Remove Asphalt Per 2" lift greater than 2" thickness SY 500 $ 5.90 $ 2,950.00 B103 Furnish and Install Concrete Pavement Repair SF 100 $ 35.11 $ 3,511.00 B104 Sawcut Concrete Per 2" lift greater than 8" thickness LF 1000 $ 2.95 $ 2,950.00 B105 Furnish and Install Concrete Overlay per 2" greater than 8" thickness SF 100 $ 76.70 $ 7,670.00 B106 Remove Concrete Per 2" lift greater than 8" thickness SF 100 $ 17.70 $ 1,770.00 B107 Furnish and Install Concrete Driveway Repair SF 100 $ 9.74 $ 974.00 B108 Furnish and Install Concrete Curb Ramp Repair SF 100 $ 26.55 $ 2,655.00 B109 Furnish and Install Concrete Curb and Gutter Repair LF 100 $ 21.24 $ 2,124.00 B110 Furnish and Install Concrete Valley Gutter Repair LF 100 $ 47.20 $ 4,720.00 B111 Furnish and Install Concrete Sidewalk Repair SF 100 $ 9.44 $ 944.00 B112 Furnish and Install Seeding SY 100 $ 1.30 $ 130.00 B113 Furnish and Install Sodding SY 100 $ 9.44 $ 944.00 B114 Furnish and Install Wooden Fence LF 100 $ 41.30 $ 4,130.00 B115 Furnish and Install Chain Link Fencing LF 100 $ 53.10 $ 5,310.00 B116 Remove and Reinstall Residential Mailbox EA 50 $ 177.00 $ 8,850.00 B117 Haul off Concrete (greater than 8 inches in thickness) / Asphalt (greater than 2 inches thickness) HR 50 $ 159.30 $ 7,965.00 WATERLINE ABANDONMENT 8118 Abandon 2" to 4" Waterline in Place and Fill with Grout LF 400 $ 12.98 $ 5,192.00 B119 Abandon 6" to 8" Waterline in Place and Fill with Grout LF 400 $ 15.34 $ 6,136.00 CASING PIPE BY CONVENTIONAL TRENCHING (INCL. CARRIER PIPE) B120 Furnish and Install 10" Steel Casing Pipe w/4" Waterline byConventional Trenching,(Upto 6 -ft of Cover)LF 50 $ 84.93 $ 4,246.50 B121 Furnish and Install 12" Steel Casing Pipe w/6" Waterline by Conventional Trenching, (Up to 6 -ft of Cover) LF 50 $ 100.69 $ 5,034.50 B122 Furnish and Install 16" Steel Casing Pipe w/ 8" Waterline byConventional Trenching(Upto 6 -ft of Cover)LF 50 $ 122.72 $ 6,136.00 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 6 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT B123 Extra Depth for Casing Pipe by Conventional Trenching for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 136.88 $ 1,368.80 CASING PIPE BY AUGER BORING (INCL. CARRIER PIPE) B124 Furnish and Install 10" Steel Casing Pipe w/ 4" Waterline by Auger Boring (Up to 72" of Cover) LF 50 $ 294.61 $ 14,730.50 B125 Furnish and Install 12" Steel Casing Pipe w/ 6" Waterline by Auger Boring (Up to 72" of Cover) LF 50 $ 372.66 $ 18,633.00 B126 Furnish and Install 16" Steel Casing Pipe w/ 8" Water line by Auger Boring (Up to 72" of Cover) LF 50 $ 420.87 $ 21,043.50 B127 Extra Depth for Casing Pipe by Auger Boring for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 136.88 $ 1,368.80 TREE AND FENCE REMOVAL B128 Tree Removal Up To 8" in Dia. EA 5 $ 442.50 $ 2,212.50 B129 Tree Removal Greater than 8" in Dia. EA 5 $ 885.00 $ 4,425.00 B130 Brush Removal AC 3 $ 3,540.00 $ 10,620.00 B131 Remove and Relocate Existing Wooden Fence LF 50 $ 23.60 $ 1,180.00 8132 Remove and Relocate Existing Chainlink Fence LF 50 $ 29.50 $ 1,475.00 TRAFFIC CONTROL B133 Furnish and Install Signing and Traffic Control (Scenario 1) DAY 10 $ 295.00 $ 2.950.00 B134 Furnish and Install Signing and Traffic Control (Scenario 2) DAY 10 $ 295.00 $ 2,950.00 B135 Furnish and Install Signing and Traffic Control (Scenario 3) DAY 10 $ 472.00 $ 4,720.00 B136 Furnish and Install Signing and Traffic Control (Scenario 4) DAY 10 $ 295.00 $ 2,950.00 6137 Furnish and Install Signing and Traffic Control (Scenario 5) DAY 10 $ 354.00 $ 3,540.00 6138 Furnish and Install Signing and Traffic Control (Scenario 6) DAY 5 $ 590.00 $ 2,950.00 B139 Furnish and Install Signing and Traffic Control (Scenario 7) DAY 5 $ 708.00 $ 3,540.00 13140 Furnish and Install Signing and Traffic Control (Scenario 8) DAY 5 $ 1,003.00 $ 5,015.00 13141 Furnish and Install Signing and Traffic Control (Scenario 9) DAY 5 $ 885.00 $ 4,425.00 8142 Furnish and Install Signing and Traffic Control (Scenario 10) DAY 5 $ 826.00 $ 4,130.00 B143 Furnish and Install Signing and Traffic Control (Scenario 11) DAY 5 $ 1,062.00 $ 5,310.00 13144 Furnish and Install Signing and Traffic Control (Scenario 12) DAY 5 $ 1,298.00 $ 6,490.00 Bid Form Water Line Replacement Program - Project No. 19010A 003001-Page7of9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT B145 Furnish and Install Signing and Traffic Control (Scenario 13) DAY 5 $ 708.00 $ 3,540.00 B146 Furnish and Install Signing and Traffic Control (Scenario 14) DAY 5 $ 1,770.00 $ 8,850.00 B147 Furnish and Install Signing and Traffic Control (Scenario 15) DAY 5 $ 413.00 $ 2.065.00 B148 Furnish Flagger DAY 10 $ 1,416.00 $ 14,160.00 B149 Furnish and Install Flashing Arrow Board DAY 5 $ 88.50 $ 442.50 B150 Furnish and Install Channelization Drums (10 Drums) DAY 5 $ 17.70 $ 88.50 B151 Furnish and Install Type 111 Barricade DAY 5 $ 3.54 $ 17.70 B152 Furnish and Install Skid Mount Sign on Double Wooden Posts DAY 5 $ 2.95 $ 14.75 POLLUTION CONTROL MEASURES B153 Furnish and Install Silt Fence LF 400 $ 6.03 $ 2,412.00 B154 Furnish and Install Fiber Rolls LF 100 $ 17.83 $ 1,783.00 B155 Furnish and Install Rock Filled Bags LF 100 $ 35.53 $ 3,553.00 B156 Furnish and Install Rock Filter Dam LS 10 $ 2,006.00 $ 20,060.00 B157 Furnish and Install Construction Entrance/Exit LS 10 $ 2,596.00 $ 25,960.00 WELL POINTING B158 Furnish and Install Well Pointing for Waterline installation (Up to 6 -ft of Cover) LF 100 $ 56.05 $ 5,605.00 B159 Extra Depth for Well Pointing for Waterline Installation for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 10 $ 20.65 $ 206.50 PRECONSTRUCTION EXPLORATORY EXCAVATION B160 Preconstruction Exploratory Excavation (Up to 6 -ft Cover) LF 250 $ 277.30 $ 69,325.00 B161 Extra Depth for Preconstruction Exploratory Excavation for Each Vertical Foot Over 6 -ft Cover, Added Linearly Along the Trench (All Pipe Sizes) LF 100 $ 42.48 $ 4,248.00 JOINT RESTRAINT B162 Furnish and Install Bell Harness Assembly for 4" Dia. Waterline EA 5 $ 438.17 $ 2.190.85 B163 Furnish and Install Bell Harness Assembly for 6" Dia. Waterline EA 5 $ 452.33 $ 2,261.65 B164 Furnish and Install Bell Harness Assembly for 8" Dia. Waterline EA 5 $ 686.76 $ 3,433.80 TRANSITION COUPLINGS B165 Furnish and Install 4 -inch Transition Coupling EA 5 $ 867.30 $ 4,336.50 B166 Furnish and Install 5 -inch Transition Coupling EA 5 $ 991.20 $ 4,956.00 B167 Furnish and Install 8 -inch Transition Coupling EA 5 $ 1,298.00 $ 6,490.00 Bid Form Water Line Replacement Program - Project No. 19010A 00 30 01 - Page 8 of 9 Rev 10/2018 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT WATERLINE CAPS B168 Furnish and Install 4" Cap EA 15 $ 708.00 $ 10,620.00 B169 Furnish and Install 6" Cap EA 15 $ 767.00 $ 11,505.00 B170 Furnish and Install 8" Cap EA 15 $ 1,121.00 $ 16,815.00 SUBTOTAL PART B WATERLINE IMPROVEMENTS (ITEMS B1 thru B170) $ 1,551,141.60 Part C - Allowances C1 Preparation of Traffic Control Plans AL 1 $15,000.00 $ 15,000.00 C2 Disposal of Contaminated Ground Water AL 1 $15,000.00 $ 15,000.00 SUBTOTAL PART C ALLOWANCES (ITEM C1 thru C2) $ 30,000.00 BID SUMMARY SUBTOTAL PART A - GENERAL (Items Al thru A3) $ 114,696.00 SUBTOTAL PART B - WATER MAIN IMPROVEMENTS (Items B1 thru B170) $ 1,551,141.60 SUBTOTAL PART C - ALLOWANCES (Item C1 thru C2) $ 30,000.00 TOTAL PROJECT BASE BID (PARTS - A THRU C) 1,695,837.60 EMERGENCY COEFFICIENT To be applied to any and all items associated with an Emergency 1.5 Delivery Order as defined in Section 00 30 00 Bid Form 00 30 01 - Page 9 of 9 Water Line Replacement Program - Project No. 19010A Rev 10/2018 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 D/ Bidder (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: By: Name: Title: Business address: Phone: (sign L%C 'lba C (t ped or prin ach evidence . • nori (typed printed) rti (or? Ctilvi U'5 , —7,010 4 3(0l-' 2't -S$22 Email: END OF SECTION Compliance to State Law on Nonresident Bidders Water Line Replacement Program — Project No. 19010A 003002-1 10/2018 00 30 05 City of Corpus Christi Disclosure of Interest CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: CITY: 1 STREET i FIRM IS: 1. Corporation 4. Association ADDRESS toZZ� STATE: 2. Partnership 5. Other ;x ZIP: 7ty �s 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant City of Corpus Christi Water Line Replacement Program — Project No. 19010A 003005-1 Rev 01/2016 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 I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: L.,6 OIL (Type or Print) Signature of Certifying Person: Title: (YS� w4 DEFINITIONS Date: (0 Ity If 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 Water Line Replacement Program — Project No. 19010A 003005-2 Rev 01/2016 00 30 06 NON -COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 CONTRACT: Water Line Replacement Program Project No. 19010A Bidder certifies that 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: C�J- (signature - (typed or printed) U (typed or printed) ('ire c d, 0,29 b -u O Cr?u ST/ Email: END OF SECTION Non -Collusion Certification 00 30 06 - 1 Water Line Replacement Program — Project No. 19010A 10/2018 Table 1— Organization Information Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Business Address of Principal Office 6229 Leopard Street Corpus Christi, TX 78401 Telephone No. 3618166007 Website www.clarkpipeline.com Form of Business (check one) • Corporation x■ Partnership • Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization 2010 Form of Partnership: ■ General ■ x Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Christopher C. Clark 51% Dennis W. Berry 49% Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date CPC Interests, LLC DBA Clark Pipeline Services 2010 Present Indicators of Organization Size Average number of current full-time employees 45 Average estimate of revenue for the current year 25 million Statement of Experience Water Line Replacement Program - Project No. 19010A 00 45 16 - 1 Rev 06-22-2016 Table 1— Organization Information Organization doing business as: , CPC Interests, LLC DBA Clark Pipeline Services Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 Padre Island Gas and Water Improvements 2015 2 Bear Lane Waterline Improvements 2014-5 3 Horne Road 2015-6 4 Water IDIQ 2015-6 5 Navigation Project — Leopard to Up River Road 2016-2017 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 2018 EMR .87 Year 2017 EMR .87 Year 2016 EMR .87 Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-2 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Christopher C. Clark Nilesh Patel Superintendent Ruben Reyna Erick Garcia Safety Manager Atit Bhakta Quality Control Manager Nilesh Patel Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Part A: General Clark Pipeline Services 4.9% Part B: Water Main Improvements Clark Pipeline Services/Bay LTD 95% Part C: Allowances Clark Pipeline Services .1 Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor Bay Ltd. Year 2018 EMR .58 Year 2017 Year .54 Year 2016 EMR .75 Subcontractor Highway Barricades Year 2018 EMR .64 Year 2017 EMR .64 Year 2016 EMR .64 Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-3 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Project Information Project Name Bear Lane Waterline Improvements Description 36" waterline, sanitary, storm, curb & gutter, sidewalk, new asphalt street w/ Limestone Base Reference Contact Information Project Owner Jerry Shoemaker Name/Title Engineer Telephone (361) 826-3500 Email ishoemaker@chsitx.com Project Designer Coym, Rehmet & Gutierrez Project Budget and Performance Original Contract Price 2' 451 Final Contract Price 2,752,000.00 # Contract Days 210 # Days Late 0 Issues/Claims/ Litigation: Project Information Project Name Padre Island Gas and Water Improvements Description 18" & 4" Water, 8" Gas, and HDD all Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrvs2@cctexas.com Project Designer Urban Engineering Project Budget and Performance Original Contract Price 2,380,000.00 Final Contract Price 2,456,000.00 # Contract Days 90 # Days Late 0 Issues/Claims/ Litigation: Project Information Project Name Water IDIQ Description Waterline projects throughout the City Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrvs2Pcctexas.com Project Designer Urban Engineering Project Budget and Performance Original Contract Price 2,300,000.00 Final Contract PriceDays 2,500,000.00 # Contract 365 # Days Late 0 Issues/Claims/ Litigation: Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-4 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Project Information Project Name Horne Road Description Road work and Utilities Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrvs2(cctexas.com Project Designer Naismith Engineering Project Budget and Performance Original Contract Price 1 901000.00 Final Contract Price 2 078 000.00 # Contract Days 90 # Days Late Issues/Claims/ Litigation: Project Information Project Name Navigation Blvd. Description Street and utilities Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrys2@cctexas.com Project Designer LNV Project Budget and Performance Original Contract Price 7 801000.00 Final Contract Price # Contract Days 425 # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-5 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Description Name Reference Contact Information Project Owner Name/Title f Email Telephone Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Contract Price Final Contract Price # Contract Days # Days Late Issues/Claims/ Litigation: Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-6 Rev 06-22-2016 ARTICLE 1—TABLE 4 — SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. NO The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? X Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? X Yes ❑ No 3 Does the Bidder have an active construction safety training program? X Yes ❑ No Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding X Yes ❑ No ❑ N/A B. Excavation X Yes ❑ No ❑ N/A Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-7 Rev 06-22-2016 C. Cranes & Hoists X Yes ❑ No ❑ N/A Electrical X Yes ❑ No ❑ N/A ARTICLE 2 - TABLE 4 - SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces X Yes ❑ No ❑ N/A G. Material Handling X Yes ❑ No ❑ N/A H. Demolition X Yes ❑ No ❑ N/A I. Steel Erection X Yes ❑ No ❑ N/A J. Underground Construction X Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. X Yes No 6 Does the Bidder have an experience modifier rate of 1.0 or Tess? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. X Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes X No Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-8 Rev 06-22-2016 ARTICLE 4 —TABLE 5 — DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION Organization doing business as Clark Pipeline Services Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price Titan Pipe, Inc. Pipe, Valve Supplier 60% Statement of Experience Water Line Replacement Program - Project No. 19010A 004516-9 Rev 06-22-2016 CERTIFICATION 4.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: CPC Interests, LLC Clark Pipeline Se Christopher C. Clark (individual's signature) (typed or printed) President (typed or printed) Designated Representative: Name: Title: Address: Christopher C Clark President P.O. Box 1214 Corpus Christi, TX 78410 Telephone No.: 361-816-6007 Email: cclark@clarkpipeline.com END OF SECTION Statement of Experience Water Line Replacement Program - Project No. 19010A 00 45 16-10 Rev 06-22-2016 SureT BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CPC Interests, LLC dba Clark Pipeline Services, LLC as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Corpus Christi as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Water Line Replacement Program - Project No. 19010A. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 26th day of June, 2019. CPC Interests, LLC dba Clark Pipeline Services, LLC (Principal) BY: TITLE: Su : Tec I urance Co BY: Dennis M. Descant, Jr., Attorney -in -Fact Clark Pipeline Services -City of Corpus Christi -Water Line Replacement Program.doc Rev 1.1.06 POA #, 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanecs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, • i. its corporate seal to be hereto affixed this 25th day of April , A.D, 2017 �„t,,,�„u�,,,,,.,., SURETEC • �'s RANCFw, 2I9"4By: / a `. State of Texas ss:7, 1, orf County of Harris On this 2 51h day of April , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 40Vjii„ JACQUELYN GREENLEAF .:°:"....* p i i;S. Notary Public, State of Texas F%F ```` Comm. Expires 05-18-2021 'i,,,,,,� Notary ID 126903029 J resid Jacgjelyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 26th day of June 2019 Sr..'it M. Brent Beaty, Assistant Sec etary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. , A.D. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 00 52 23 AGREEMENT This Agreement, for the Project awarded on August 20, 2019, is between the City of Corpus Christi (Owner) and CPC Interests, LLC dba Clark Pipeline Services (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: Water Line Replacement Program IDIQ Project No. 19010A ARTICLE 2 — DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering J. Douglas McMullan, P. E. 2725 Swantner Corpus Christi, Texas 78404 dougm@urbaneng.com 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 Road, Bldg #5 Corpus Christi, TX 78415 ARTICLE 3 — CONTRACT TIMES 3.01 Contract Times A. This Project will be executed by multiple indefinite quantity Delivery Orders as required by the City, in accordance with the plans, specifications, and contract documents. Each Delivery Order will stipulate the Substantial Completion date, as shown in the Appended Example Delivery Orders, and is eligible for Final Payment 30 days after the date for Substantial Completion. B. Milestones, and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-1 Rev 10/2018 A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $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 17.16 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 15.03 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 Budgeted Price $ 1,800,000.00 ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement Water Line Replacement Program 'DID— Project No. 19010A 005223-2 Rev 10/2018 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. 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 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, 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 17.01 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 17.16 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 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Agreement Water Line Replacement Program 'DID— Project No. 19010A 005223-3 Rev 10/2018 B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site -related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 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. Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-4 Rev 10/2018 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. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. 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 15.01 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 10.01 One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-5 Rev 10/2018 A. CONTRACTOR — Contract Documents must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, documents must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. [SIGNATURE PAGE TO FOLLOW] CITY OF CORPUS CHRISTI Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-6 Rev 10/2018 ATTEST Digitally signed by Rebecca Huerta DN: cn=Rebecca Huerta, o=City of Corpus Christi, ou aCity Secretary, m :Srebeccah@, ctexas.com, c=US Date' 7019 09 17 15'17'54 -0900' 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: 2019.09.06 17:10:53 -05100' Assistant City Attorney Digitally signed by Jeff Edmonds DN: cn=Jeff Edmonds, o, ou=Engineering, email=jeffreye@cctexas.com, c=US Date: 2019.09.10 10:25:09 -0500' J.H. Edmonds, P.E. Director of Engineering Services Ord. 031842 By COUNCIL 08/20/2019 AUTHORIZED RH/AB Digitally signed by RH/AB Date: 2019.09.10 10:40:38 -05'00' ATTEST (IF CORPORATION) CONTRACTOR (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer CPC Interests, LLC dba Clark Pipeline Services By: N i l e s h Patel Digitally Date: 011gned 9.08.22Y15:02:3311esh atel 05'00' Title: 6229 Leopard St Address Corpus Christi, TX 78409 City 361/929-5822 State Zip Phone Fax cclark@clarkpipeline.com EMail END OF SECTION Agreement Water Line Replacement Program IDIQ— Project No. 19010A 005223-7 Rev 10/2018 00 6113 PERFORMANCE BOND BOND NO. 4429444 Contractor as Principal Name: CPC Interests, LLC Clark Pipeline Services Mailing address (principal place of business): 6229 Leopard Street Corpus Christi, TX 78409 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. 19010A Water Line Replacement Program IDIQ Award Date of the Contract: August 20, 2019 Contract Price: $1,800,000.00 Bond Date of Bond: August 28. 2019 (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: SureTec Insurance Company Mailing address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 Physical address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 Surety is a corporation organized and existing under the laws of the state of: Texas By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 866-732-0099 Telephone (for notice of claim): 866-732-0099 Local Agent for Surety Name: Lonna Pokrant / Keetch & Associates Address: 1718 Santa Fe Street Corpus Christi, Texas 78404 Telephone: 361-883-3803 Email Address: 1pokrant@keetchins.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 Water Line Replacement Program IDIQ - #19010A 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. _�C Cl: '- s,L Cdb Contractor as Pri -real u :•.s;T pelin- eryi - Signature: `_� SuretySureT Signature: InsttranceCom p. ,y / ! / Name: . t411N,-, Q.. Cly. Name: Dennis M Descant Jr Title: C ---r LI 1 ekj Title: Attorney -in -Fact Email Address: cr\L✓1.. e d PL(;,. cor Email Address: (Attach Power dennis.descant@bch-insurancc.com (,; of Attorney and place surety seal below) END OF SECTION Performance Bond Water Line Replacement Program IDIQ - 019010A 006113-2 7-8-2014 1 POA #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavetla its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanccs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, ts corporate seal to be hereto affixed this 25th day of April , A.D. 2017 State of Texas ss: County of Harris On this 25th day of April , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me • y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ���`rtfjJACQUELYN GREENLEAF Oi :;,4 I Notary Public, State of Texas 4": Comm. Expires 05-18-2021 °49°4100` Notary ID 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and finthermore, the resolutions of the Board of Directors, set out in the Power of Attorney arc in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28th day of August 2019 A.D. IAN t M. Brent Beaty, Assts j Any instrument Issued In excess of the penalty stated above is totally void and without any validity. r -- For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am an 00 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 00 6116 PAYMENT BOND BOND NO. 4429444 Contractor as Principal Name: CPC Interests, LLC dba Clark Pipeline Services Mailing address (principal place of business): 6229 Leopard Street Corpus Christi, TX 78409 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. 19010A Water Line Replacement Program IDIQ Award Date of the Contract: August 20, 2019 Contract Price: 51.800,000.00 Bond Date of Bond: August 28, 2019 (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: SureTec Insurance Company Mailing address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 Physical address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 Surety is a corporation organized and existing under the laws of the state of: Texas By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): 866-732-0099 Telephone (for notice of claim): 866-732-0099 Local Agent for Surety Name: Lonna Pokrant / Keetch & Associates Address: 1718 Santa Fe Street Corpus Christi, Texas 78404 Telephone: 361-883-3803 Email Address: 1pokrant@keetchins.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 Water Line Replacement Program IDIQ - #19010A 006116-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. CPC late is C pa Contractor as Princip.Surety a�� . c S • ices' Signature: __. l Sure' e. Insurince Coma v - Signature: e ,�1� Name: Ls\"r`)C. Q,ls� Name: Dennis M. Descant, Jr. Title: 72rt C, d II Title: Attorney-in-Fact Email Address: -c\c,L eC L„11',iLJ;,,,e—, cD,,r Email Address: dcnnis.descant@bch-insurancc.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Water Line Replacement Program IDIQ -1419010A 006116-2 7-8-2014 POA #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanccs, .contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20°) of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, _' its corporate seal to be hereto affixed this 25th day of April , A.D. 2017 , State of Texas County of Harris ss: SURETEC By: John Knox +' ., ' resi On this 25th day of Apra , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me i : y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ��,.��`�,prr�,o,,� JACQUELYN GREENLEAF ?i ;�A Notary Public, State of Texas ��� Comm. Expires 05-18-2021 np,F„, �� Notary ID 126903029 Jacqji l Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28th day of August 2019 A.D. M. Brent Beaty, Ass Any instrument issued in excess of the penalty stated above is totally void and without any validity. i= For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am an A0 -'t •Z! SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 ACaR F CERTIFICATE OF LIABILITY INSURANCE ku---- DATE (MM/DDIYYYY) 8/28/2019 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 Brady, Chapman, Holland & Associates 10055 West Gulf Bank Houston TX 77040 CONTACT PHONE FAX (A/c, No, Ext): 713-688-1500 (A/c, No): 713-688-7967 ADDRESS: eCSR24@bch-insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Travelers Indemnity Company of CT 25682 INSURED CLARKPIPELINE CPC Interests, LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi TX 78409 INSURER B : Charter Oaks Fire Ins.Co.(Travelers) 25615 INSURER C: St. Paul Surplus (AmWINS Brkg) 30481 INSURER D : Travelers Lloyds Insurance Company 41262 INSURER E : TravelersPropertyCasualtyof America -TRV 25674 INSURER F : X COVERAGES CERTIFICATE NUMBER: 371411950 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 B X COMMERCIAL GENERAL LIABILITY DTC01J092295COF 2/1/2019 2/1/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE PREM SESO(Ea occur ence) $ 300,000 X 1,000 MED EXP (Any one person) $ 10,000 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 $ E AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY BA3L34939TIL 2/1/2019 2/1/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP1J361278TCT 2/1/2019 2/1/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 10.000 $ g 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 UB1J093913COF 2/1/2019 2/1/2020 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 C D Contractors Pollution Contractors Equipment 51N10308 QT6608075X250TLC19 2/1/2019 2/1/2019 2/1/2020 2/1/2020 Pollution Limit Scheduled Equipment Leased/Rented Equip. $1,000,000 $2,428,786 $400,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form CGD604 0813 and automobile per form CAT353 with a waiver of subrogation on the general liability per form CGD316 1111 automobile per form CAT353 and workers compensation per form WC 420304 when required by written contract. This insurance is primary and non-contributory as respects general liability per form CGD604 0813 and automobile per form CAT474 0216. Contractors Equipment policy includes Blanket Loss Payees per form CMT5600110 Contractors Equipment Deductible $2,500 Project: Water Line Replacement Program Project Number: 19010A CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that: a. You agree in a "written contract requiring in- surance" to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an en- dorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured — Owners, Lessees or Contractors — (Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional In- sured — Owners, Lessees or Contrac- tors — Completed Operations en- dorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: CG D6 04 08 13 (3) (a) The Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 1004 13, the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies; or If neither Paragraph (1) nor (2) above ap- plies: (a) The person or organization is an ad- ditional insured only if, and to the ex- tent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the perform- ance of "your work" to which the "writ- ten contract requiring insurance' ap- plies; and (b) The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organi- zation, © 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written con- tract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written con- tract requiring insurance". This endorsement will not increase the limits of insurance de- scribed in Section 111— Limits Of Insurance. b. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed opera- tions hazard" unless the "written contract re- quiring insurance" specifically requires you to provide such coverage for that additional in- sured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid Page 2 of 3 and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that per- son or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the addi- tional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an 'occur- rence or an offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which cov- ers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or - CD 2013 The Travelers Indemnity Company. All rights reserved. CG D6 04 08 13 ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed, during the policy period and: CGD6040813 COMMERCIAL GENERAL LIABILITY a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. © 2013 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered, A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) (b) (c) Chartered with a pilot to any insured; Not owned by any insured; and Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY CGD3161111 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. Cr 2011 The Travelers Indemnity Company. All rights reserved, Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. Page 2 of 6 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment,- advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2,a.(1) of Section 11 — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 1I — WHO IS AN INSURED: CG D3 1611 11 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury' or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO 1S AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a -written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury' caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are Tess. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. Page 4 of 6 H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required ® 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a. partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transthr Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: 0 2011 The Travelers Indemnity Company. ANI rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: Page 6 of 6 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 Policy Number: CO1J092295COF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: PERSON OR ORGANIZATION: FOR THE PERSON OR ORGANIZTION: (CONTINUED ON IL T8 03) ADDRESS: 6229 LEOPARD STREET CORPUS CHRISTI TX 78409 Number of Days Notice of Cancellation: 30 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule IL T4 05 0311 above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Policy Number: CO1J092295COF GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US (IL T4 05 03 11) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY: CONTINUATION OF FORM IL T4 05 PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVED NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. FOR THE ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. IL T8 03 Page 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 0215 H. J. K. L. M. N. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -- COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -- COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and CAT3530215 COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by (e) © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: BA3L34939TIL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: PERSON OR ORGANIZATION: SEE CA T8 04 ADDRESS: CORPUS CHRISTI, TX 78409 Number of Days Notice of Cancellation: 30 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule ILT4050311 above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. © 2011 The Travelers Indemnity Company, All rights reserved. Page 1 of 1 COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 04 02 17 Policy Number: BA3L34939TIL ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T4 05 - DESIGNATED ENTITY IT IS AGREED THAT: FOR THE PERSON OR ORGANIZTION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRIT CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATI AFTER THE FIRST NAMED INSURED RECEIVED NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. Effective Date: 2/1/2018 Expiration Date: 2/1/2019 TRAVELERS) ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04 (B) — 001 Policy Number: UB1J093913COF TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 0.02 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: $ SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by ST ASSIGN: Page 1 of 1 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. TRAVELERSJ ' ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 06 01 (00) — 001 Policy Number: UB1J093913COF 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 (or **) 2. NOTICE WILL BE MAILED TO: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION IN COVERAGE OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION IN COVERAGE OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. Page 1 of COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 74 02 16 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission_