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C2019-621 - 10/29/2019 - Approved
00 52 23 AGREEMENT This Agreement, for the Project awarded on October 29, 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: Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi, TX 78404 stephens@urbaneng.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd.—Bldg. #5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 00 52 23-1 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 8vc,ANNED CONTRACT DOCUMENTS FOR CONSTRUCTION OF FRIO, H DORADO ST., CORRIDOR - GREENWOOD TO MARTIN (BOND 2018) PROJECT NUMBER 18019A CONFORMANCE SET FOR CONSTRUCTION ASSEMBLED 10/29/2019 ��'�r r rrrrr�i 1 r4 ® ..�., u�rryrrrrrrrnrrrrrrrrr rrr.,SI[Tlli61�L. � ..• ♦rr.r....rr•..irr.rrrr rrrr � 1``23299 City of Corpus Christi URBAN ENGINEERING 2725 Swantner Corpus Christi, Texas 78404 (361) 8543101 TBPE FIRM No: 145 TBPLS FIRM No: 10032400 AUGUST 2019 Record Drawing Number STR 957 UE Job No:04916.88.00 00 01 00 TABLE OF CONTENTS Division/ Title Section 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(Revo1-2016) 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 021080 Removing Abandoned Structures 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations Table of Contents 000100- 1 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018)—Project No. 18019A Rev 11/2018 Division/ Title Section 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025202 Scarifying and Reshaping Base Course 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 Asphalt Concrete Pavement 025608 Inlets 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Control During Construction 025805 Work Zone Pavement Markings 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words and Emblems 025816 Raised Pavement Markings 025818 Reference Specification—TxDOT DMS-4200 Pavement Markers (Reflectorized) 025828 Reference Specification—TxDOT DMS-6130 Bituminous Adhesive for Pavement Marker 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe and Fittings 026210 PVC Pipe—AWWA C900/C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves and Tapping Valves 026411 Gate Valves for Waterlines 026416 Fire Hydrants Table of Contents 000100- 2 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018)—Project No. 18019A Rev 11/2018 Division/ Title Section 027200 Control of Wastewater Flows 027202 Manholes 027203 Vacuum Testing of Wastewater Manhole and Structures 027205 Fiberglass Manholes 027402 Reinforced Concrete Pipes 027404 Concrete Box Culverts 027414 Culvert Rehabilitation Flexible Lining Process 027602 Gravity Wastewater Lines 027604 Disposal of Waste from Wastewater Cleaning Operations 027606 Wastewater Service Lines 027611 Cleaning and Televised Inspection of Conduits 027618 Wastewater Line Rehabilitation—Pipe Bursting 028020 Seeding 028040 Sodding 028320 Chain Like Fence 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames, Gates, Rings, and Covers APPENDIX Appendix 1 Rock Engineering—Geotechnical Report END OF SECTION Table of Contents 000100-3 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018)—Project No. 18019A 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: Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A A. This project includes full reconstruction of approximately 3,000 LF of residential collector roadway and related improvements such as curb and gutter, curb ramps, sidewalk, storm water, water, and wastewater. The project also includes related coordination with private utility owners and with the City on existing utilities, as well as traffic control and sequencing. There are two bid options for this Project— Base Bid a (Asphalt Pavement) and Base Bid B (Concrete Pavement). The Contractor may bid either or both options. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$4,300,000 for Base Bid A — Asphalt Pavement, and $5,400,000 for Base Bid B — Concrete Pavement. The Project is to be substantially complete and ready for operation within 300 days.The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than Wednesday,August 28, 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. 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. Invitation to Bid and Instructions to Bidders 002113- 1 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi Contracts and Procurement Department City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi, Texas 78401 Attention: Contracts and Procurement Bid - Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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, 1st Floor Contracts and Procurement 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, August 20, 2019 at 10:00 am, at the following location: City of Corpus Christi City Hall Building, 1st Floor Contracts and Procurement 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. 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. Invitation to Bid and Instructions to Bidders 002113-2 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Questions must be submitted by 5:00 p.m. 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 in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. Invitation to Bid and Instructions to Bidders 002113-3 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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 thejob 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. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. Invitation to Bid and Instructions to Bidders 002113-4 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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. 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 Invitation to Bid and Instructions to Bidders 002113-5 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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. 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. Invitation to Bid and Instructions to Bidders 002113-6 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and 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 Invitation to Bid and Instructions to Bidders 002113-7 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 Bidder influenced or attempted to influence the bidding or award process, the City may, in its discretion, reject the Bid. ARTICLE 22 -CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual, firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. 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. Invitation to Bid and Instructions to Bidders 002113-8 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity(i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid, which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. O. Evidence of Bidder's lack of capacity to perform the Work. Evidence of 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 002113-9 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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 Rock Engineering and Testing Laboratory 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. All street improvements are open to traffic. b. Pedestrian and Driveway facilities are open. c. All utilities are operational. 2. Only the following items not yet complete in accordance with the Contract Documents: a. Seed and Sod fully established. b. General Jobsite clean-up. C. Demobilization. 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. Supplementary Conditions 007300- 1 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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 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. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Subsurface Exploration and Pavement Recommendations, laboratory testing program, by Rock Engineering and Testing Laboratory, Inc. dated February 7, 2019. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: NONE SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE Supplementary Conditions 007300- 2 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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 $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non- $1,000,000 Combined Single Limit Owned, Rented and Leased Workers' Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability / $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental Required ❑ Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft. Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required X Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ZX Not Required Supplementary Conditions 007300-3 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS A. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of person or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between Sun up and Sundown unless other times are specifically authorized in writing by OAR. 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 007300-4 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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 2.58 Laborers: Common. . . . . . . . . . . . . . . . . . . . . .$ 7.25 Utility. . . . . . . . . . . . . . . . . . . . .$ 7.68 Power equipment operators: Backhoe. . . . . . . . . . . . . . . . . . . . .$ 9.21 Motor Grader. . . . . . . . . . . . . . . .$ 8.72 ---------------------------------------------------------------- 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, 1000 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, 1000 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 C. For the Contractor's convenience, the following telephone numbers are listed: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 Urban Engineering 361-854-3101 Stephen L. Skrobarczyk, P. E. 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 1-888-632-0931 (Network Operations Center) 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 007300-5 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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 Plans Pedestrian Guard Rail 027404 Junction Box A-1 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 END OF SECTION Supplementary Conditions 007300-6 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 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 ��1 =r�YLt4 F !_i cr �In., C 1f.,1 �t n ;�� t r�;��c(type or print name of company) on: Wednesday, August 28, 2019 at 2:00pm, for Frio, Hacala, Dorado St., Corridor— Greenwood to Martin (Bond 2018) Project No. 18019A . 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 - Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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 0129 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 Signature Acknowledging Receipt F ) Bid Acknowledgement Form 003000- 1 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 Ad`d_endumAo. 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 003000-2 Fria, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 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. 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. 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 Bid Acknowledgement Form 003000-3 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 1012018 after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 4516 STATEMENT OF EXPERIENCE ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. 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. Bid Acknowledgement Form 003000-4 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No.18019A Rev 10/2018 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 003000-5 Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: � , (typed or printed full legal name o Bidder) By: (individual's signot re) Name: (typed or printed) Title: mac`�crY (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. 2"7'3 q 17,2,05- Address forgiving notices: Phone: 3G( --6j2,gi – M7_ Email: hc�a��.�Cy_r-ko-i-91(11-- .<ca— (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder, or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Frio, Hacala,Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2018 CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/28/2019 1:27:39 PM BID TOTALS BASE BID A-ASPHALT PAVEMENT Total Part A-A-General $278,927.38 Part A-B Street Improvements $1,512,561.93 Part A-C ADA Improvements $456,135.17 Part A-D Storm Water Improvements $1,233,602.46 Part A-E Water Improvements $482,180.99 Part A-F Wastewater Improvements $484,654.06 Part A-G Gas Improvements $28,547.28 Total $4,476,609.27 BASE BID B-CONCRETE PAVEMENT Total Part A-A-General Not Bidding Part A-B Street Improvements Not Bidding Part A-C ADA Improvements Not Bidding Part A-D Storm Water Improvements Not Bidding Part A-E Water Improvements Not Bidding Part A-F Wastewater Improvements Not Bidding Part A-G Gas Improvements Not Bidding Total Not Bidding Part A A-General No. Description Unit Qty Unit Price Ext Price A-A1 Mobilization(546 Max of General Items) LS 1 $12,500.00 $12,500.00 A-A2 Bonds and Insurance LS 1 $80,000.00 $80,000.00 A-A3 Ozone Day DAY 1 $437.50 $437.50 A-A4 Clear ROW AC 5.3 $3,750.00 $19,875.00 A A5 Demolition of Bollard and Cable Barrier LF 676 $21.88 $14,790.88 A-A6 Remove Existing Guard Rail(STA 3+90) LF 55 $87.50 $4,812.50 CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/28/2019 1:27:39 PM A-A7 Pedestrian Rail LF 50 $201.88 $10,094.00 A-AS Traffic Control Mobilization/Adjustments EA 6 $6,093.75 $36,562.50 A-A9 Traffic Control Items(Signs,Barricades MO 10 $2,200.00 $22,000.00 etc.) A-A10 Block Sodding SY 8000 $6.88 $55,040.00 A-A11 Silt Fence LF 500 $4.38 $2,190.00 A-Al2 Curb Inlet Protection EA 30 $312.50 $9,375.00 A-A13 Storm Water Pollution Prevention Plan EA 1 $11,250.00 $11,250.00 Sub Total: $278,927.38 Part A B Street Improvements No. Description Unit Qty Unit Price Ext Price A-B1 Mobilization(5%Max of Street LS 1 $68,750.00 $68,750.00 Improvements) A-62 Street Salvage and Excavation SY 15570 $8.75 $136,237.50 A-63 Demolition of Driveway SF 11044 $3.13 $34,567.72 A-134 2"TY'D'HMAC SY 15210 $27.50 $418,275.00 A-135 Prime Coat(0.15 Gal/SY) GAL 2120 $8.00 $16,960.00 A-86 Limestone Base(10") SY 15570 $30.63 $476,909.10 A-67 Geogrid SY 15570 $5.50 $85,635.00 A-138 Compacted Subgrade(12") SY 15570 $5.13 $79,874.10 A-139 Speed Hump EA 2 $6,250.00 $12,500.00 A-610 Driveways SF 11044 $10.63 $117,397.72 A-1311 Prefab Pavement Marking Type C(W) EA 4 $312.50 $1,250.00 (Arrows) A-1312 Prefab Pavement Marking Type C(W) EA 4 $312.50 $1,250.00 (ONLY) A-B13 Refl.Pavement Marking Type 1 (Y)(4") LF 2480 $1.13 $2,802.40 (DBL)(SLD) A-1314 Refl.Pavement Marking Type 1 (W)(8") LF 186 $2.19 $407.34 (SLD) A-1315 Prefab Pavement Marking-Speed EA 2 $562.50 $1,125.00 Hump(W) CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/28/2019 1:27:39 PM A-816 Prefab Pavement Marking(W)(24")(SLD) LF 388 $17.50 $6,790.00 A-B17 Type II-A-A Raised Pavement Marker EA 85 $6.88 $584.80 (Reflectorized)(Yellow) A-1318 Type I-C Raised Pavement Marker EA 9 $10.00 $90.00 (Reflectorized)(White) A-1319 Street Sign Assembly w/9"Blades EA 13 $968.75 $12,593.75 (Green)and Stop Sign A-1320 Other Signs-1 Sign Per Post EA 1 $750.00 $750.00 A-1321 Other Signs-2 Sings Per Post EA 11 $812.50 $8,937.50 A-1322 Other Signs-4 Signs Per Post EA 4 $968.75 $3,875.00 A-1323 Allowance for Unanticipated Street LS 1 $25,000.00 $25,000.00 Improvements Sub Total: $1,512,561.93 Part A-C ADA Improvements No. Description Unit Qty Unit Price Ext Price A-C1 Mobilization(5%Max of ADA LS 1 $23,125.00 $23,125.00 Improvements) A-C2 Demolition of Sidewalk SF 28046 $2.50 $70,115.00 A-C3 Sidewalk Retaining Curb LF 875 $46.61 $40,783.75 A-C4 Sidewalk SF 28046 $9.27 $259,986.42 A-CS ADA Ramp SF 2650 $22.50 $59,625.00 A-C6 Allowance for Unanticipated ADA LS 1 $2,500.00 $2,500.00 improvements Sub Total: $456,135.17 Part A D Storm Water Improvements No. Description Unit Qty Unit Price Ext Price A-D1 Mobilization(5%Max of Storm Water LS 1 $50,000.00 $50,000.00 Improvements) A-D2 Removal of Storm Mains(12"-30") LF 1705 $43.75 $74,593.75 A-D3 Demolition of Curb and Gutter LF 6470 $6.25 $40,437.50 A-134 Demolition of Existing Inlet(Various EA 11 $1,250.00 $13,750.00 Types) CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/28/2019 1:27:39 PM A-DS Demolition of Existing Headwall EA 1 $2,500.00 $2,500.00 A-D6 Ditch Grading(Outfall A Ditch, 15'x 75' LS 1 $20,625.00 $20,625.00 area) A-D7 10'x 5'RCB LF 75 $896.42 $67,231.50 A-D8 48"RCP(Class 111) LF 98 $322.21 $31,576.58 A-D9 42"RCP(Class III) LF 697 $277.64 $193,515.08 A-D10 36"RCP(Class 111) LF 261 $233.97 $61,066.17 A-D11 30"RCP(Class III) LF 363 $187.20 $67,953.60 A-D12 24"RCP(Class III) LF 410 $160.43 $65,776.30 A-D13 18"RCP(Class 111) LF 439 $142.78 $62,680.42 A-D14 6"Curb and Gutter LF 6475 $23.75 $153,781.25 A-D15 5'Curb Inlet(Various) EA 7 $6,250.00 $43,750.00 A-D16 5'Curb Inlet(Top of Inlet on Box Culvert) EA 2 $8,750.00 $17,500.00 A-D17 Combination Inlet(Standard) EA 7 $5,125.00 $35,875.00 A-D18 Combination Inlet(5'junction) EA 5 $8,468.75 $42,343.75 A-D19 Combination Inlet(6'Junction) EA 5 $9,062.50 $45,312.50 A-D20 Past Inlet EA 2 $3,937.50 $7,875.00 A-D21 junction Box A-1 (16'x 6'precast EA 1 $41,616.56 $41,616.56 Manhole) A-D22 Junction Box B-1 (Tie to Existing) EA 1 $11,875.00 $11,875.00 A-D23 Outfall A(TxDOT PW Headwall) EA 1 $16,875.00 $16,875.00 A-1324 OSHA Trench Safety Plan LF 10537 $2.50 $26,342.50 A-D25 OSHA Manhole/Junction Box/Inlet Safety EA 30 $625.00 $18,750.00 Plan A-D26 Allowance for Unanticipated Storm LS 1 $20,000.00 $20,000.00 Water Improvements Sub Total: $1,233,602.46 Part A-E Water Improvements No. Description Unit Qty Unit Price Ext Price A-E1 Mobilization(5%Max of Water LS 1 $25,000.00 $25,000.00 Improvements) CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/28/20191:27:39 PM A-E2 6"C-900 Water Line LF 427 $69.88 $29,838.76 A-E3 6"x 45°D.I.Bend EA 32 $308.75 $9,880.00 A-E4 8"x 6"D. I.Reducer EA 5 $213.75 $1,068.75 A-E5 6"Gate Valve and Box EA 5 $1,046.25 $5,231.25 A-E6 8"C-900 Water Line LF 3147 $70.34 $221,359.98 A-E7 8"x 45°D. I.Bend EA 26 $381.25 $9,912.50 A-E8 8"D.I.Tee EA 8 $417.50 $3,340.00 A-E9 8"Gate Valve and Box EA 11 $1,551.25 $17,063.75 A-E10 Water Service Replacement(up to 3") EA 7 $2,381.75 $16,672.25 A-E11 Water Connection(Tie to Existing) EA 10 $1,491.25 $14,912.50 A-E12 Remove Fire Hydrant EA 6 $593.75 $3,562.50 A-E13 Reconnect Fire Hydrant EA 1 $3,756.38 $3,756.38 A-E14 Fire Hydrant,Type 1,complete EA 4 $3,968.24 $15,872.96 Installation to Main A-E15 Fire Hydrant,Type 2,complete EA 4 $4,918.81 $19,675.24 Installation to Main A-E16 OSHA Trench Safety Plan LF 3574 $2.50 $8,935.00 A-E17 Grout Fill Existing Water Line(up to 8") LF 3418 $14.69 $50,210.42 A-E18 Allowance for Unanticipated Water LS 1 $25,000.00 $25,000.00 Improvements A-E19 12"x 8" Reducer EA 1 $888.75 $888.75 Sub Total: $482,180.99 Part A-F Wastewater Improvements No. Description Unit Qty Unit Price Ext Price A-F1 Mobilization(5%Max of Wastewater LS 1 $21,250.00 $21,250.00 Improvements) A-F2 Adjust Existing Ring and Cover to Grade EA 2 $1,895.42 $3,790.84 A-F3 8"PVC SDR-26 Main(Remove and EA 530 $137.28 $72,758.40 Replace,up to 6'Depth) A-F4 8"PVC SDR-26 Main(Pipe Burst,all LF 370 $81.25 $30,062.50 Depth) A-F5 12"HDPE Pipe Bursting Existing VCP(12' LF 1080 $91.25 $98,550.00 CIVCAST 18019A Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Report Created On:8/2812019 1:27:39 PM A-F6 12"HDPE Pipe Bursting Existing VCP(14' LF 142 $116.25 $16,507.50 to 16'Depth) A-F7 4'Fiberglass Manhole(up to 6'Depth) EA 3 $6,772.19 $20,316.57 A-F8 Extra Depth for 4'Fiberglass ManholeVF 1 $830.00 $830.00 (over 6'Depth) A-F9 5'Fiberglass Manhole(up to 6'Depth)jEA 1 $14,585.63 $14,585.63 A-F10 Extra Depth 5' Fiberglass Manhole(over VF 11 $1,015.94 $11,175.34 6'Depth) A-F11 4'Manhole Rehab(up to 6'Depths) EA 2 $7,411.25 $14,822.50 A-F12 Extra Depth for 4'Manhole Rehab(over VF 20 $812.50 $16,250.00 6'Depth) A-F13 5'Manhole Rehab(up to 6'Depth) EA 3 $13,537.69 $40,613.07 A F14 Extra Depth for 5'Manhole Rehab(over VF 11 $953.75 $10,491.25 6'Depth) A-F15 Grout Fill Existing Mains(8"or smaller) LF 1450 $13.44 $19,488.00 A-F16 WW Service Reconstruction(6"or EA 12 $2,564.58 $30,774.96 smaller) A-F17 Control of W.W.Flow LS 1 $43,750.00 $43,750.00 A-F18 OSHA Trench Safety Plan LF 530 $8.75 $4,637.50 A-F19 OSHA Manhole/Pit Safety Plan EA 4 $1,000.00 $4,000.00 A-F20 Allowance for Unanticipated LS 1 $10,000.00 $10,000.00 Wastewater Improvements Sub Total: $484,654.06 Part A-G Gas Improvements No. Description Unit Qty Unit Price Ext Price A-G1 Mobilization(5%Max of Gas LS 1 $1,250.00 $1,250.00 Improvements) A-G2 Trench Backfill and Compaction LF 456 $53.13 $24,227.28 A-G3 OSHA Trench Safety LF 456 $1.25 $570.00 A-G4 Allowance for Unanticipated Gas LS 1 $2,500.00 $2,500.00 Improvements Sub Total: $28,547.28 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 lZ/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: ,e r.�e t � c� ,t� r.tee ✓!Cc j (Wed or printed) By: (signoture— rdence of authors to sign) Name: tx., C- CLL (typed or p 'nted) Title: ( Business address: &/22-9 �j Sf uj Phone: `�(oI�clL� -S`E'LL. Email: /�Oc -� e END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No.18019A 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: TREET P.O. BOX: ADDRESS C zo b CJ 0,U4 CITY: ��s STATE: `—T��Ct�� ZIP: 7&Vp FIRM IS: 1. Corporation 8 2. Partnership (�' 3. Sole Owner El4. Association 5. Other L) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3%or more of the ownership in the above named"firm." 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 t� 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 A City of Corpus Christi 003005-1 Frio,Hacala,Dorado St.,Corridor—Greenwood to Martin(Bond 2018)Project No.18019A 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 Carpus Christi,Texas as changes occur. c Certifying Person: rNom-t�r� Q. (� Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS 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 farm 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 Carpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 003005-2 Frio,Hacala,Dorado St.,Corridor—Greenwood to Martin(Bond 2018)Project No.18019A 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: Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin(Bond 2018) Project No. 18019A 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: er ,w}-r ped or printed) By: (signot -- c evidence of authority to sign Name: c—- u-ra, (typeb or printed) Title: 'W'�'w Business address: (n 22�► „ ee - Phone: 361,,c5tGi— SYZZ. Email: (1t�u c., �t�w�n+r�nr��,.r.. .,.` END OF SECTION Non-Collusion Certification 00 30 06-1 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A 10/2018 Sure 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 Frio, Hacala, Dorado St., Corridor - Greenwood to Martin (Bond 2018), Project No. 18019A. 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 28th day of August, 2019. CPC Interests, LLC dba Clark Pipeline Services. LLC (Principal) 17 BY: �---� TITLE Xp SureTec Insurance Company BY: (AI -Alicia Cantavella, Atto nosy-in-Fact Clark Pipeline Services-City of Corpus Christi-Frio, Hacala, Dorado St.,Corridor-Greenwood 10 Martin.doc Rev 1,1.06 Nor i .- POA#: 4221073 SureTec Insurance Company MUTED 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 Attomey-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 shaU continue in force until 12/81!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,recognizances,•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, ' is corporate seal to be hereto affixed this 25th day of Apra ,A.D. 2017 . SURETEC SURAN C S�}t3AN�F ~ m i John Knox ., resi E State of Texas ss: r' Y County of Harris .- M On this sem day of April ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y swom,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. JACQUELYN GREENLEAF S Notary Public,State of Texas Comm.Expires 05-18-2021 Notary ID 128803029 Jacq elyn 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 farce and effect;and Awthermore,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 Houstori,Texas this 28th day of August 2019 A D 1. fit"iJ/1,;'• M,Brent Beaty,Assists" ry -7- _ Any Instrument issued In excess of the penalty stated above Is totally void and without any validity, rte-r .O For verification of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 5.001Orn C�j,r" U , � yo 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#: 512475-1771 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 Table 1-Organization Information Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Business Address of Principal Office 6229 Leopard StreetCorpus Christi,TX 78401 Telephone No. 3618166007Website 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 o'i Or-anlr_a%lorl 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. i Limes of Organizations From Date To Date CPC interests, LLC DBA Clark 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 004516-1 Frio, Hacala, Dorado St., Corridor- Greenwood to Martin (Bond 2018) Rev 06-22-2016 Table 1—Organization Information' Organization doing business as: 1, CPC Interests, LLC DBA Clark Pipeline Services Previous Histone =[ii; C _r o Cornus Ch:isti List the 5 most recent proj,�cLs that have been completed with the City of Corpus Christi. Project Name Year 1 Padre island G. s -.r,d2015 2 Bear Lane 2014-5 3 Horne Road 2015-6 1 4 1 (Nater IDIQ _ 2015-6 5 I Navigation Project—Leopard to Up River Road 2016-2017 ConstfLiction Sire Provide 31dders Experience Modification Ratio (EMR) History forthe last 3 years. Provide documentation of the EMR. Year 12018 EMR 1 .87 Year 1 2017 EMR .87 Year 1 2016 EMR 1 .87 Previous Bidding and Construc-:icn Experience Has Bidder or a predecess-,: organ!-ation been disqualified as a bidder within the last 10 years? List Projects below and provide full details :17. Et�nchrnent if yes. NO Has Bidder or a pred -Esso: r a: :lion peen released from a bid or proposal in the past 10 years? List Projects below and provide full cci<<i'.v 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 '-,Ulovy 71 . nc. :1e full details in a separate attachment if yes. NO Has Bidder or a p, dacessor o,-aniz�:tiun been involved in clairns or litigation involving project owners within the last 10 years? List Pro'e-ts beiow and provide full details in a separate attachment if yes. NO Have liens or claims c.. c, cs,:.u'i.,g unpaid invoices been filed against the Bidder for services or materials on any projects begun within Lrn�: 3 years? Specify the name and address of the party holding the lien or making the claim,the arnuunt an4 :; ,sis for the lien or claim, and an explanation of why the lien has not been released or that the claim has :-ot l:�-ei ;--aid if yes. NO Statement of Experience 004516-2 Frio, Hacala, Dorado 5t., Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 Table 2—Project Information Organization doing business as: I CPC Interests, LLC DBA Cla!l, Pipeline Services Proposed Pr;jec: 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 Nilesh Patel Manager R F 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.. o:e than 10 percent cf he Work (based on estimated subcontract or purchase order amounts and the I ContrF..ct Price). Description of Work Name of Entity Performing the Work Estimated Percentage - of Contract Price Part 4.: General Clark Pipeline Services 6.22% Par: _:: Street Improvements Clark Pipeiine Services/Bay LTD 22.78%/11% Part C: ADA Improvements Clark PipePine Services 10.18% Part D: Storm Water !n,Lprovements Clark Pipeline Services 27.55% Part E: Water Improv,,menzs Clark Pipeline Services 10.78% Par F: llrastewater Cfark Pip line Services 10.82% Part Gas Improvemer - Clark Pipeline Services .67% Subcontractor Cons:r,!ctIor. Site Safetli Experience Provide Experience Mcdifica:ion Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued--.i-'L 25/'o or more of Via Ccrotruct Price. Provide documentation of the EMR. Subcontractor Day Ltd. Year 120 3 EMR 1 .58 1 Year 1 1 .54 1 Year 12016 EMR .75 Subcontractor Highway Barricades Year 1 201$ 1 EMR _64 1 Year 2017 EMR 64 Year 2016 EMR 64 Statement of Experience 004516-3 Frio, Hacala, Dorado St., Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Proiect Information Project 36" waterline, sanitary, storm, curb &gutter, Name Bear Lane Waterline Improvements Description sidewalk, new asphalt street w/Limestone Base Reference Contact Information Project Owner Jerry Shoemaker Name/Title Engineer Telephone (361) 826-3500 Email Ishaemaker@chsitx.com Project Designer Coym, Rehmet &Gutierrez Project Budget and Performance Original 2,451,000.00 Final Contract 2,752 000.00 #Contract 210 # Days 0 Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Padre Island Gas and Water Description 18" &4" Water, 8" Gas, and HDD all Name Improvements 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 I Urban Engineering Project Budget and Performance Original 2,380,000.00 Final Contract 2,456,000.00 #Contract 90 # Days 0 Contract Price Price Days Late Issues/Claims/ Litigation: Proiec.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 Jerrys2@cctexas.com Project Designer Urban Engineering Project Budget and Performance Original Final Contract #CoV Contract # Days Contract Price 2,300,000.00 Price 2,500,000.00 Da s 365 Late 0 Issues/Claims/ Litigation: Statement of Experience 004516-4 Frio, Hacala, Dorado St., Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 Table 3—Projects Awarded during the Last S 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 Descrip-lon Road work 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 Naismith Engineering Project Budget and Performance Original 1 801,000.00 Final Contract 2 078,0D0.00 #Contract 90 rDays Contract Price Price Days Issues/Claims/ Litigation:. Proiect 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 7,801,000.00 Final Contract # Contract 425 # Days Contract Price Price Days Late Issues/Claims/ Litigation: j Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract # Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-5 Frio, Hacala, Dorado St., Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 Table 3—Projects Awarded during the Last S Years—Not including City of Corpus Christi Projects OrU riration doing business as: Prcie:.t infcr;na,ion Proj-=L Description Name L `e':-e.-once Contact Information Protect Owner Id riw%i ltle Telerihone Email Prciect Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Liti�-atian: ion Varve Description t; _e Contact Information Pr-- pct Owner :ala: ;e/Title Te :=phone Email Prciect Designer ?roiect Budget and Performance O:: :nal Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Prc ec- Information Project Name Description Relc:en=e Contact Information Project Owner Name/Title Tele.ohone Email Proec. Designer Project Budget and Performance Original F:,.al Con.ract #Contract # Days Contract Price I P`ce Days Late Issues/Claims/ Litigation: Staten-.enL of Experience 004516-6 Frio, Hacala, Dorado St., Corridor-Greenwood to Martin (Bond 201$) Rev 06-22-2016 ARTICLE 1—TAEL E 4—SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization coir,- b.isiness as: I CPC Interests, LLC DBA Clark Pipeline Services Bidder's ::r'c = rd a,id Ex,)erience Has t?-,e 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 I 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 orjudgments below and provide full details in a separate attachment if yes. I NO The Owner will consider the following informa':..; auc;iional support to make a determination as to the responsibility of-he Bidder.The Bidder must art .r r t;7e o:int_+ing questions and provide evidence that it meets minimum OSHA construction safety standards -ra has = 'os`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 safer, 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 i X Yes No ❑ N/A B. Excavation X Yes ❑ No ❑ N/A Statement of Experience 004516-7 Frio, Hacala, Dorado St., Corridor- Greenwood to Martin (Bond 2018) Rev 06-22-2016 C. Cranes&Hoists ::=Yes ❑ No ❑ N/A D. I Electrical I X Yes ❑ No ❑ N/A ARTICLE 2—TABLE 4—SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization doing business as: I 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 1. Steel Erection X Yes ❑ No ❑ N/A J. Underground Construction X Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS")Category 23 for each of the past five(5)years?Provide the X Yes No Bidder's OSHA 300 and 300A logs for the past five(5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidder's NCCI workers'compensation experience rating sheets for the past five(5) X Yes ❑No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6)months?Provide 7 documentation showing the nature of the inspection,the findings,and the ❑Yes X No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516-8 Frio, Hacala,Dorado St.,Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 ARTICLE G—TABLE 5—DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION Organization doing business as Clark Pipeline Services _ Project Suacontrac.crs and Suppliers Provide a list of anticipated Minority, MBE, DBE SuScontractors or Suppliers contracts that will be used to demonstrate compfia Ice with the Owner's Minority / K6"/ DBE Participation Policy Name Work to be Provided Estimated%of Contract Price Titan Pipe, Inc. Pipe, Valve Supplier 60% Statement of Experience 0045 16-9 Frio, Wacala, Dorado St., Corridor- Greenwood to Martin (Bond 2018) 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: CPC Interests, LLC Clark Pipeline Services By: hzi ' A—�� (individual's signature) Name: Nilesh Patel (typed or printed) Title: Project Manager (typed or printed) Designated Representative: Name: Nilesh Patel Title: Project Manager Address: 6229 Leopard St Corpus Christi,TX 78409 Telephone No.: 361-929-5822 Email: npatel@clarkpipeline.com END OF SECTION Statement of Experience 00 45 16-10 Frio,Hacala, Dorado St.,Corridor-Greenwood to Martin (Bond 2018) Rev 06-22-2016 Statement of Experience 00 45 16-11 Frio,Hacala,Dorado St.,Corridor-Greenwood to Martin(Bond 2018) Rev 06-22-2016 00 52 23 AGREEMENT This Agreement, for the Project awarded on October 29, 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: Frio, Hacala, Dorado St., Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi, TX 78404 stephens@urbaneng.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd.—Bldg. #5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. Agreement 005223- 1 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General 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 1000 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 400 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 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 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 Price: Base Bid 'A' $ 4,476,609.27 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 005223- 2 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 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 5.02.13, 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. 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. Agreement 005223-3 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 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. 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. Agreement 005223-4 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 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. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. 6. 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 Agreement 005223-5 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 ATTEST CITY OF CORPUS CHRISTI DigitDIN�ily sigb. by will.o"°°"° Digitally signed by Mark Van Vleck DM. -Rebecca H°°"°. =CAy°,corpus Chris,l. Mark Van V I e c k °°=°'ryS. at..ama"_`°°°°�"@°°'°"as�m°_S Deb,2019.11.191746.04 06'00' Date:2019.11.19 08:51:58-06'00' '. ' Rebecca Huerta Mark Van VIeck City Secretary Assistant City Manager M2019-178 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 10-29-2019 Digitally signed by Kent McllyarR H/A B DN:cn=Kent Mcllyar,o,oa, Digitally signed by RH/AB email=kentrnc@cctexas.corn,c=Us Date:2019.1 1.19 10:13:50-06'00' Date:2019.11.15 13:29:50-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR CPC Interests, LLC dba Clark Pipeline Services Christopher Clark Digitally signed by Christopher Clark (Seal Below) By: Date:2019.11.1216:37:48-06'00' Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 6229 Leopard Street Financial Officer Address Corpus Christi, Texas 78409 City State Zip 361/929-5822 Phone Fax npatel@clarkpipeline.com EMail END OF SECTION Agreement 005223-6 Frio, Hacala, Dorado St.,Corridor—Greenwood to Martin (Bond 2018) Project No. 18019A Rev 10/2019 00 6113 PERFORMANCE BOND BOND NO. 4429466 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. 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) Award Date of the Contract: October 29, 2019 Contract Price: $4,476,609.27 Bond Date of Bond: October 31, 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: Ipokrant@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 00 6113 -1 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. , Contractor as Princi.. CPC Int- gists, LLC dba Cla '. s •' ¢ •'.1 Surety Su eTec Insurance Ca .a. �� ,,,'' - t . Signature: ti L , ~e . • Signature: I Name: __L,,64'J . C �,1� 1 Ir: u Name: Dennis M. Descant, Jr. 7..) • Title: ^ jn t :per-- Title: Attorney -in -Fact _ Email Address: raj., p ��,,,(,,,Iti? j;� •L,,.... Email Address: denni,.descant@bch-insurance.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) 006113-2 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 CEO, 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 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, recognizances, 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 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 23rd day of October ', A.D. 2019 . State of Texas ss: County of Harris On this 23rd day of October , A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO 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. SURETEC INS By: John Kn ANY Jacgl!elyn 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 3 I st day of October 2019 , A.D. . Bren Beaty, A a Any instrument issued in excess of the penalty stated above is totally void and without any validity. =; W For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and -5 Q{Qtprir'C4T. i �,, , , 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. 4429466 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. 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) Award Date of the Contract: October 29, 2019 Contract Price: $4.476.609.27 Bond Date of Bond: October 31, 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 Trial, 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 00 6116 -1 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause Bond to be duly executed on its behalf by its authorized officer, agent or representative. and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, and severally to this bond. The condition of this obligation is such that if the Contractor all claimants providing labor or materials to him or to a Subcontractor in the prosecution required by the Contract then this obligation shall be null and void; otherwise the obligation in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on be determined in accordance with the provisions of said Chapter to the same extent as if at length herein. Venue shall lie exclusively in Nueces County, Texaskr any legal action. this Payment The Principal jointly as Principal pays of the Work is to remain of Chapter this bond shall it were copied Contractor as Princi.a FL tmeres lark Pi .t . ervi Signature: ''` SuretySureT c surane Comps y Signature: - • Wow— Name: L„',-4-- 71 ,, 0 , e 1‘.1Name: Dennis M. Descant, Jr. Title: (3,--(‘'., 1.0 .I- • Title: Attorney -in -Fact , Email Address: cc -k6 LC r-\Lc't�,I 1,,,.. �,., Email Address: Bennis.descant@bch-insnranc.con;;....... ' - (Attach Power of Attorney and place surety seal belov) END OF SECTION Payment Bond Form 18019A Frio, Hacala, Dorado St. Corridor — Greenwood to Martin (Bond 2018) 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 CEO, 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 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, recognizances, 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 Attomey-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 attomey 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 20th of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 23rd day of October ', A.D. 2019 State of Texas ss: County of Harris - "'""•••••''• fir' On this 23rd day of October , A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO 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. • :',‘,0"14,1,/, JACQUELYN GREENLEAF " Notary Public, State of Texas t:'z Comm. Expires 05-18-2021 a(�;;`` Notary ID 126903029 Jacgielyn 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 31st Aday of , Oc 2019 , A.D. SURETEC INS By: John Kno ANY f\r\i\n" • Bren Beaty, A is • $e ti } taal y: j. ••....\___C Any Instrument issued in excess of the penalty stated above Is totally vold and without any validity. 7, IA i � For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 509+ rtr'CgT. . I _. �•u • 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/31/2019 Brady,Chapman,Holland &Associates 10055 West Gulf Bank Houston TX 77040 713-688-1500 713-688-7967 eCSR24@bch-insurance.com Travelers Indemnity Company of CT 25682 CLARKPIPELINE Charter Oaks Fire Ins.Co.(Travelers)25615CPCInterests,LLC dba Clark Pipeline Services 6229 Leopard Street Corpus Christi TX 78409 St.Paul Surplus (AmWINS Brkg)30481 Travelers Lloyds Insurance Company 41262 TravelersPropertyCasualtyof America-TRV 25674 1653904967 B X 1,000,000 X 300,000 X 1,000 10,000 1,000,000 2,000,000 X DTCO1J092295COF 2/1/2019 2/1/2020 2,000,000 E 1,000,000 X BA3L34939TIL 2/1/2019 2/1/2020 A X X 5,000,000CUP1J361278TCT2/1/2019 2/1/2020 5,000,000 X 10,000 B XUB1J093913COF2/1/2019 2/1/2020 1,000,000 1,000,000 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 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 Number 18019A -Frio,Hacala,Dorado St.,Corridor -Greenwood to Martin (Bond 2018) City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi TX 78469 BA3L34939TIL BA3L34939TIL UB1J093913COF UB1J093913COF