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Home My WebLink AboutC2019-457 - 7/16/2019 - Approved 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 16,2019, is between the City of Corpus Christi (Owner) and Max Underground Construction LLC(Contractor) Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Citywide Storm Water Improvements IDIQ Project No. 18100A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: UA Engineering, Inc. 5350 S.Staples Street,Suite 425 Corpus Christi,TX 78411 Jeff Coym,P.E.—jcoym@Ija.com - The Owner's Authorized Representative for this Project is: - - - Kent Power,P.E.--Acting-Construction-Management Engineer -- — - - City of Corpus Christi—Engineering Services 4917 Holly Road, Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.1 Contract Times • A. The City intends to award this contract for an initial one-year/12-month period, with the option to administratively renew for two (2) additional one-year/12-month periods. The City's Department of Engineering Services will determine whether to exercise an option to renew based on the Contractor's successful performance of the work on all Delivery Orders, the recommendation of the City's Design Engineer, Construction Management& Inspection Team, approval by the City's Director of Engineering Services, and the concurrence of the Contractor. The contract allows for a City-approved economic adjustment to apply to a renewal period, based upon published cost-of-construction indices acceptable to the City. This Project will be executed by multiple indefinite quantity Delivery Orders as required by the City,in accordance with the plans,specifications,and contract documents. Each Delivery Order will stipulate the Substantial Completion date, is to be completed according to the terms of the Delivery Order, and is eligible for Final Payment 30 days after the date for Substantial Completion. Agreement 00 52 23-1 Citywide Storm Water Improvements IDIQ—Project No.18100A goo/ 0 8- • uI\I ED CONTRACT DOCUMENTS FOR CONSTRUCTION OF FROST BANK EMERGENCY GENERATOR REPLACEMENT H17002 City of Corpus Christi GPM Engineering, Inc, E 0 F T �, 5440 Old Brownsville Rd. P'�.•• ••. Y�si� Corpus Christi, Texas a,......... ..a.... .• NlNY. 361-852-2342 .......... JAMES c.WARD 8fiS8 Firm No: F-2829 F'r��" °� �i Fps.........•• Record Drawing Number [PBG 840] 000100 TABLE OF CONTENTS Division/ Section Title Division 00 Procurement and Contracting Requirements 00 00 00 Cover 00 01 00 Table of Contents 00 21 13 Invitation to Bid and Instructions to Bidders(Rev 10-11-2018) 00 30 00 Bid Acknowledgment Form(Rev 10-11-2018) 00 30 01 Bid Form(Rev 10-11-2018) 00 30 02 Compliance to State Law on Nonresident Bidders(Rev 10-11-2018) 00 30 05 Disclosure of Interest(Rev01-2016) 00 30 06 Non-Collusion Certification(Rev 10-11-2018) 00 45 16 Statement of Experience(Rev 10-11-2018) 00 52 23 Agreement(Rev 10-11-2018) 00 61 13 Performance Bond(Rev 10-11-2018) 00 61 16 Payment Bond(Rev 10-11-2018) 00 72 00 General Conditions(Rev 11-13-2018) 00 73 00 Supplementary Conditions(Rev 10-11-2018) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-11-2018) 0123 10 Alternates and Allowances(Rev 10-11-2018) 01 29 01 Measurement and Basis for Payment(Rev 10-11-2018) 0133 01 Submittal Register(Rev 10-11-2018) 0135 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 None None Part T Technical Specifications 22 10 00 Plumbing Piping 26 00 10 Spec Provision Elect Work 26 01 00 Access Door Table of Contents 000100- 1 Frost Bank Emergency Generator Replacement—H17002 Rev 11/2018 Division/ Title Section 26 01 10 Raceways 26 01 11 Conduit and Fittings 26 01 13 Cable Trays 26 01 20 Wire and Cable 600V Under 26 01 31 Junction and Pull Boxes 26 01 34 Outlet Boxes 26 01 40 Wiring devices 26 01 50 Motor Controllers Elec Power Equip 26 01 70 Disconnect Switches 26 01 90 Supporting Devices 26 04 11 Underground Services 26 04 40 Metering 26 04 50 Grounding 26 04 60 Indoor Dry Type Transformers 26 04 76 Fuses 26 06 03 Empty Raceways 26 06 12 Emergency Power Systems 26 09 96 Electrical Commissioning and Startup 31 23 00 Excavation and Fill Appendix Title None None END OF SECTION Table of Contents 000100-2 Frost Bank Emergency Generator Replacement—H17002 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: Frost Bank Emergency Generator Replacement H 17002 The Scope of work for this project involves the removal of the existing diesel emergency generator and transfer switch with safe delivery to a location within city limits, and installation of a new 50OKW natural gas emergency generator, a new 1600 Amp service entrance transfer switch, a new concrete pad, and all associated work. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $711,773.58. The Project is to be substantially complete and ready for operation within 160 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 2:00 PM, Wednesday, April 24, 2019 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. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor Invitation to Bid and Instructions to Bidders 002113- 1 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Frost Bank Emergency Generator Replacement, Project No. H17002 All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at the date and time shown in paragraph 3.01, at the following location: City of Corpus Christi City Hall Building, 3rd Floor Engineering Smart Board 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 amountsshown 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 Wednesday, April 17, 2019 at 10:00 AM at the following location: City Hall Building, 3rd Floor Engineering Smart Board 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. 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. Invitation to Bid and Instructions to Bidders 002113-2 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. 7.03 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi, Texas in the amount of 5 percent (5%) of the greatest amount bid. Invitation to Bid and Instructions to Bidders 002113-3 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check, certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of the Bid Security as an attachment to their bid. The original Bid Bond, cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents, the bidder's name and the job name and number and delivered as required in Article 3 of this Section. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee, without qualification or condition, that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if, within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 2. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown 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. Invitation to Bid and Instructions to Bidders 002113-4 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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 maybe 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 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. Invitation to Bid and Instructions to Bidders 002113-5 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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. 16.02 Minority participation goal for this Project has been established to be 45%. 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. Invitation to Bid and Instructions to Bidders 002113-6 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and Article 6 of the Supplementary Conditions set forth the Owner's requirements as to bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Engineering Services will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the executed Contract to the Owner within 14 days. The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However, Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 00 GENERAL CONDITIONS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER'S CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding or contract award process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding or award process, the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24- REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security, with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconductor willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. H. Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. I. Bids received from a Bidder identified on a list prepared and maintained by the Texas Comptroller under Chapter 2252 of the Texas Government Code. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. Invitation to Bid and Instructions to Bidders 002113-8 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 E. Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section00 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 Section00 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 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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. ARTICLEI—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 GPM Engineering, Inc. 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. 2. Only the following items not yet complete in accordance with the Contract Documents: a. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Storm water Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Supplementary Conditions 007300- 1 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 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 28 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. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. 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. 1. Environmental Reports include the following: None B. 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. Supplementary Conditions 007300-2 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 ARTICLE 6—BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE INSURANCE REQUIREMENTS CONTRACTOR'S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $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 X 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 X Required ❑ Not Required Supplementary Conditions 007300-3 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 LABOR; WORKING HOURS B. 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 7:00 a.m. and 6:00 p.m. 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-31 Heavy General Decision Number:TX190288 01/04/2019 TX288 Superseded General Decision Number:TX20180342 State:Texas Construction Type: Building Counties:Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS(does not include single family homes or apartments up to and including 4 stories). 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 Supplementary Conditions 007300-4 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 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 BOI L0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$28.00 22.35 ---------------------------------------------------------------- ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN......................$25.20 7.91 ---------------------------------------------------------------- ENGI0178-005 06/01/2014 Supplementary Conditions 007300-5 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Rates Fringes POWER EQUIPMENT OPERATOR (1)Tower Crane.............$29.00 10.60 (2)Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$27.50 10.60 ---------------------------------------------------------------- * IRON0084-01106/01/2018 Rates Fringes IRONWORKER,ORNAMENTAL...........$23.77 7.12 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$20.04 0.00 CARPENTER........................$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR- MECHANICAL (Duct, Pipe& Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER,STRUCTURAL...........$22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender- Brick...$ 11.36 0.00 LABORER: Mason Tender- Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 Supplementary Conditions 007300-6 Frost Bank Emergency Generator Replacement-H17002 Rev 10/2018 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate,and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 12.70 0.00 PAINTER(Brush, Roller,and Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$25.80 8.55 PLUMBER..........................$25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METALWORKER(HVAC Duct Installation Only)...............$22.73 7.52 SHEET METALWORKER, Excludes HVAC Duct Installation...........$21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. --------------------------------------------- --------------------------------------------- ------------------- ------------------- Supplementary Conditions 007300-7 Frost Bank Emergency Generator Replacement-H17002 Rev 10/2018 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 Supplementary Conditions 007300-8 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 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 Supplementary Conditions 007300-9 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 classification. As this weighted average rate includes all rates reported in the survey,it may include both union and non-union rates. Example:SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.The next number,007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH- 0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.The next number, 0010 in the example, is an internal number used in producing the wage determination.08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- Supplementary Conditions 007300- 10 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 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 Supplementary Conditions 007300- 11 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 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 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 GPM Engineering Inc. 361-852-2342 [Designer's name] XXX-XXX-XXXX Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/Wastewater/Stormwater 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 Supplementary Conditions 007300- 12 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Public Agencies/Contacts Phone Number 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) Centu ryl-i n k 361-208-0730 Windstream 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 ARTICLE 25—SHOP DRAWINGS SC-25.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for the following items: Specification Section Shop Drawing Description ARTICLE 26—RECORD DATA SC-26.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for the following items: Specification Section Record Data Description END OF SECTION Supplementary Conditions 007300- 13 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 009101 ADDENDUM NUMBER I Project: Frost Bank Emergency Generator Replacement Project Number:H17002 Owner: City of Corpus Christi City Engineer: J.H.Edmonds,P.E. City of Corpus Christi Designer: Jim Ward,P.E. GPM Engineering Addendum No. 1 Specification Section: 00 9101 Issue©ate: 19 April 2419 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. ;Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] G F T� 11 NameDatd I ®� �+,.• "' " • r,9 }��j, Addendum Items: B Question/Answers: ....................... Article 4—CLARIFICATIONS,4.01,CLuestions JAMES G, WARD ;gee Underlined} ' 9�8 6 5 8 Attachment No.1: its, ss,-o-N +. Modification to: 00 52 23-1,(Page 1)AGREEMENT (See Underl ,3uf. Attachment No.2: Modification to: 26 0612,Emergency Power Systems (See Underlined) Attachment No.3 GP s Modification to: la, �� .3�� Drawings Sheet 3,ELECTRICAL PLANS rrm ame&Registration Number) -r U:�t4erlit7ed) Addendum No.1 00 91 Q1-1 H17002 I Frost Bank Emergency Generator Replacement Rev 01-13-2016 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 52 23 AGREEMENT DELETE: Page 1 in its entirety. ADD: New Page 1. See Attachment No. 1 ARTICLE 2—MODIFICATIONS TO THE SPECIFICATIONS or TECHNICAL SPECIFICATIONS. 2.01 ADD, DELETE OR REPLACE SPECIFICATION SECTIONS (OR TECHNICAL SPECIFICATIONS) A. Delete the following Specification Sections (or Technical Specifications) in its entirety: Deleted Specification Sections(or Technical Specifications) 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) B. Add the following Specification Sections (or Technical Specifications): Added Specification Sections(or Technical Specifications) 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) See Attachment No. 2 ARTICLE 3- MODIFICATIONS TO THE DRAWINGS 3.01 ADD OR DELETE DRAWINGS A. DELETE the following Drawings: Deleted Drawings Sheet 3—Electrical Plans B. ADD the following Drawings: Added Drawings Sheet 3—Electrical Plans See Attachment No. 3 Addendum No. 1 009101-2 H17002 I Frost Bank Emergency Generator Replacement Rev 01-13-2016 ARTICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question: What is included in city gas tap services? Will there be reimbursements? Answer: The City Gas provides tap and regulator for a flat fee; all trenching must be accomplished by contractor. C. Question: In the specs (sec. 2606 12 pg. 3),what is meant by the generator must be rated at 150%? Answer: Specification revised to "Main circuit breaker to match rated current of Automatic Transfer Switch." D. How does the City view"value engineering" for city projects? Answer: Contractors must bid what is shown on drawings and specifications, any substitution of materials and methods with less expensive alternatives,without sacrificing functionality, may be suggested after award of contract. E. Will there be a temporary generator on standby if needed? Answer: Contractors are asked to price the setup/tear down of a temporary generator as well as price a monthly and weekly rental in the event that a standby generator is required (See Section 00 30 01, BID FORM, Part E). F. What will be the lead time and preparation measures to take to prepare during construction? Answer: This is up to the contractors means and methods G. There are trees around the parking lot, have there been root study's? What if tree roots affect construction? Answer: No,there was no root study completed. If required, there are allowances in the contract that may be used to address unforeseen items. H. Will the city designate someone to remove fuel from the generator before its removed? Answer: Contractor is responsible for proper removal and disposal of all fluids. I. Which Article from NEC Chapter applies to the project? Answer:Article 702-Optional Standby Systems. J. Is a new generator announcer panel required? Answer: Intent of design is to reuse existing panel located on the 4t"floor of the building. Extend existing conduit and provide new wiring to connect as required. Approximate length is 200', however Electrical contractor shall be responsible for field verifying locations and measurement prior to the commencement of work. END OF ADDENDUM NO. 1 Addendum No. 1 009101-3 H17002 I Frost Bank Emergency Generator Replacement Rev 01-13-2016 00 52 23 AGREEMENT This Agreement,for the Project awarded on TBD, is between the City of Corpus Christi (Owner) and (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: Frost Bank Emergency Generator Replacement H 17002 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: GPM Engineering, Inc. 5440 Old Brownsville Rd Corpus Christi,Texas 78417 2.02 The Owner's Authorized Representative for this Project is: TBD ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 160 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 190 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each, are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. ADDENDUM NO. 1 Agreement ATTACHMENT NO. 1 005223- 1 Frost Bank Emergency Generator Replacement—H17002 PAGE 1 OF 1 Rev10/2018 SECTION 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) PART 1GENERAL 1.1 DESCRIPTION: A. Related Work Specified Elsewhere: 1. Section 260010 - Standard Provisions 2. Section 260450 - Grounding B. Description of System: Provide essential power system including generator controls, transfer switch, and associated equipment. 1.2 QUALITY ASSURANCE: A. Reference Standards: 1. Underwriters Laboratories, Inc. (UL) applicable standards 2. National Electrical Manufacturers Association (NEMA) applicable standards 3. National Electrical Code (NEC) applicable articles 4. Other state and local codes applicable provisions 1.3 SUBMITTALS: A. Samples: Provide samples upon written request. B. Shop Drawings: Layouts giving dimensions, weights, locations, elevations, conduit and wiring provisions, power and control wiring diagrams. C. Product Data: Sizes, types, materials and finishes, air data, fuel consumption data, engineering design tolerances and criteria, performance data at 1/4, 1/2 and full loading; storage and handling instructions, and installation directions. D. Test Reports: Copies of tests results at factory and of tests results for compliance to referenced standards. E. Certificates: 1. UL labels affixed to materials 2. Evidence of compliance to reference standards F. Operation and Maintenance Data: Manufacturers brochures and parts lists. G. Maintenance Materials: 1. Listing of local stocks of applicable spare parts 2. Listing of non-local stocks of applicable spare parts 3. Listing of non-stocked replacement parts H. See Submittal Procedures in Section 01. 1.4 PRODUCT STORAGE AND HANDLING: A. Storage: Store at locations where not subject to damage from personnel, equipment and the elements. B. Handling: Handle to avoid damage to materials and surrounding surfaces and finishes before and during installation. ADDENDUM NO. 1 ATTACHMENT NO. 2 260612 - 1 EMERGENCY POWER SYSTEM PAGE 1 of 5 SECTION 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) 1.5 JOB CONDITIONS: A. Protection: Protect materials and surrounding surfaces and finishes against damages from personnel, equipment and the elements before, during and after installation. B. Sequencing: Install materials at times required to prevent unnecessary delays in the work. 1.6 WARRANTY: A. Warranty: Warranty system against defects for five (5) years from and after date of acceptance. Repair defects promptly during warranty period. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Cummins, Catapiller, Kohler, or Onan. B. Russelectric, Asco, or Onan ATS. C. Approved equal 2.2 MATERIALS: A. Generator/Engine Set: Capacity and voltage as shown on drawings. Stand by mode operation at 100 degrees ambient temperature. B. Engine: 1. Water Cooled 2. Compression Ignition for natural gas 3. 1800 RPM at normal full load 4. Isochronous Electronic governor 5. Replaceable element fuel filter 6. Lubrication: a. gear-type oil pump for pressure lubrication b. spin-on type filters with spring loaded bypass valve 7. Cylinder liners: a. removable b. wet-type C. close-grained alloy iron 8. Heavy-duty dry type air cleaners 9. Starting: a. lead acid batteries b. 40 second cranking C. necessary rack and cables d. alternator and dual rate trickle charger 10. Engine block heater to maintain 120 degree to 140 degree F with lube oil pressure switch for auto cutout. 11. Instruments: a. water temp. b. oil pressure C. oil temp. d. elapsed time meter ADDENDUM NO. 1 ATTACHMENT NO.2 260612 -2 EMERGENCY POWER SYSTEM PAGE 2 of 5 SECTION 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) e. charging indicator f. oil pressure, water temp. g. overspeed indicators 12. Cooling: a. engine-driven centrifugal water pump and thermostatic valve b. spin-on type water filters C. 33% ethylene glycol antifreeze d. guarded, engine-mounted radiator, blower fan, and venturi shroud 13. Exhaust system: a. critical silencing muffler with rain cap, mounted above enclosure 14. Safety controls for auto shut-down a. low oil pressure b. high oil pressure C. overspeed d. overcrank e. low water level f. alarm lights for a through a and auxiliary contacts g. pre-alarm signals (1) high water temp. (2) overspeed 15. Mounting: a. full-length steel channel sub-base b. spring-type vibration isolators C. weatherproof housing d. base mounted day tank with fuel gauge C. Generators: 1. Brushless, revolving field type 2. Flexible driving disc directly coupled to engine flywheel 3. Dynamically balanced rotor to 25% overspeed 4. Exciter a. rotating field, brushless b. full wave three-phase rectifier with surge protection 5. Rotor: a. layer wound with thermo-setting epoxy between layers and for final coat b. bearing: (1) shielded type (2) grease pipes to exterior of frame. (3) 40,000 hour life 6. Stator: a. 2/3 pitch design b. dip in varnish and bake five times C. overall epoxy coating d. harmonic distortion less than 5%total RMS line to line at full load 7. Connection box: a. side mounted b. ventilated C. bottom entry 8. Voltage regulator: a. solid state with SCR control b. Rheostat for 10% voltage adjustment 9. Main circuit breaker to match rated current of Automatic Transfer Switch. D. Performance: 1. Voltage regulation no-load to full-load not to exceed ± 1%. ADDENDUM NO. 1 ATTACHMENT NO.2 260612 -3 EMERGENCY POWER SYSTEM PAGE 3 of 5 SECTION 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) 2. Steady state voltage within 0.5% of rated. 3. Modulation at steady state not to exceed one cycle per second. 4. For addition of 90% load at 0.8 PF, voltage dip not to exceed 20%; full recovery within 4.5 seconds. 5. For addition of 9-% load at 0.8 PF, frequency change not to exceed one cycle per second; full recovery within 7.0 seconds. 6. Balanced TIF not to exceed 50%. 7. If a short circuit occurs, capable of supporting 300% rated current for 10 seconds. E. Control Panel: 1. Mounted on generator. 2. Instruments a. voltmeter b. ammeter C. frequency meter d. combination ammeter-voltmeter phase selector switch e. instruments required in 2.02, B, 15, above f. auto-start control g. wattmeter h. pre-alarm lights i. horn j. signal silence switch k. contacts for remote on-off-trouble wiring F. Automatic Transfer Switch (ATS): 1. Capacity and voltage as shown on drawings. 2. NEMA 3R enclosed, front access only 3. Longtime withstand short circuit rating of 200 KAIC symmetrical with Bussman KRP- C, 1600 amp fuses 4. Conforming to U.L. 1008 5. Dual motor operator with minimum 400 msec transfer time 6. Manual operator with same transfer time 7. Engine starting contacts with time delay set at 3 seconds 8. Transfer when genset reaches 90% rated voltage 9. 0 - 30 minute adjustable time delay for retransfer to normal set at 15 minutes, with genset failure override 10. 0 - 5 minutes adjustable time delay for engine cooldown set at 5 minutes 11. Integral test switch 12. Switch position indicating lights 13. Russelectric RMTD. H. Remote alarm annunciator panel: High Battery Voltage Low Battery Voltage Normal Battery Voltage Gen Running EPS Supply Load Pre-low OK Press. Low or Press. Pre-high Coolant Temp. High Coolant Temp. Low Engine Temp. Overspeed Ove rcra n k ADDENDUM NO. 1 ATTACHMENT NO.2 260612 -4 EMERGENCY POWER SYSTEM PAGE 4 of 5 SECTION 26 06 12 EMERGENCY POWER SYSTEM (NATURAL GAS) Not-in-Auto Battery Chg Malfunction Low Fuel Fault Lamp Test Button Normal Util. Power PART 3 EXECUTION 3.1 INSPECTION: A. Examine materials upon receipt for damages. B. Examine completed installation for proper adjustments and performance. 3.2 PREPARATION: A. Carefully layout exact locations of materials in conference with the Owner's representative. B. Provide foundation per structural drawings. 3.3 INSTALLATION: A. Install materials at indicated locations and as required by authorities having jurisdiction and the manufacturers. B. Provide remote monitoring annunciator panel. 3.4 FIELD QUALITY CONTROL: A. Test: Prior to acceptance of the installation, the equipment shall be subjected to an on site test at full load with resistive load banks for a minimum of 4 hours. All consumables necessary for this test operation shall be furnished by the contractor. Any defects which become evident during this test shall be corrected by the contractor at his own expense. Tests shall be conducted in presence of Owner's representative. 3.5 ADJUSTMENTS AND CLEANING: A. Adjustments: Perform necessary work required to provide proper systems performance. B. Cleaning: 1. Remove foreign material from materials. 2. Clean surfaced to be painted. 3. Touch up damaged finishes. C. Training: 1. Provide 8 hours training for Owner's personnel covering features, operation and maintenance of system. 2. Coordinate training two weeks prior to testing to occur one day prior to testing at site. END OF SECTION ADDENDUM NO. 1 ATTACHMENT No.2 PAGE 5 of 5 260612 -5 EMERGENCY POWER SYSTEM tX11tSULLwIS L E-2.0 PR6CC!H0. IBOBJ as s !a w® I V Y To rere re�rere,Qa T�,red � ,are � � _ � SY! c 8 Te,aa°spa Tc. ° ��s�ax�Mre� Prea�oE reo,,�o ore�o�PMEM � �' � Pxa,T�rere�reTarereT a w a o 0 o xreaxaT rereT�re!ore Ta TM o O �r SER re� Trere o � v E�TRICAL SITE PLAN O �� SCALE:1•—JO' // � � L U coxTax,oa sway axouoE Hcw 11 ° coH,ao� 11 CPB;Q'i io' re o Trewcre<ceass 21ZII LIT,a a 111 n�T rereaTrerererererere'T" > Trea�reTreTre.,rere,re„T.re.121 W z Tre ory ,ryE o x< ary E o W S SHx rere"�re rere re.. TTT�re T„,are,o w,reresrere w w �s�relE a �aT—1 rere T1-11 I, 1111 vaT DoH Ro�.�eo \ 2 ENLARGED ELECTRICAL�SITE PLAN III TTrtre au T.NTre Nre x�.Tre Nre. �� \ `exis SGI.E:I/1•=t'-o• S W Q ownL Ll re re cr sum e,.ra�.mry uw,.n c wnwcc m O W d m wince w Tre�re=rereT�T�aE aax M—,rex 4 ”--- --- --- ---M�.._E t- i rerex re �© a� aILAGED FROST BANK ELECTRI A ROOMreGa .urex„re�® S SHEET 3 a! S scALE:I/�•=r-a" ADDENDUM NO.1 r'"� a —10 a""—Ad ATTACHMENT NO.3e PBG 840 & PAGE 1 of 1 KEv PLAN '$ � nn almxcr y H l Jooz 009101 ADDENDUM NUMBER_2_ Project: Frost Bank Emergency Generator Bepl,664ment Project Number:H17002 Owner: City of Corpus Christi City Engineer: J.H. Edmonds,P.�- I'Kz4xxe"�-e� City of Corpus Christi Designer: Jim Ward, P.E. GPM Engineering Addendum No. 2 Specification Section: 009101 Issue Date: 22 April 2019 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. A proved by: Designer] Name Do e Addendum Items: Clarifications: Article 4—CLARIFICATIONS 4.02A Clarifications Sen 13 derlined) -- - OBaeeoee0o0eeeo°6a•oeeaeaep°° RD if Attachment No.1: �r JAMES 0.1N.... ee,oe ooeoeeeseeaoeeeoeoe oaoo asoa°4 Modification to: f ' 9$555 .IQ � 00 2113-1(Page 1) INVITATION TO BID AND INSTRUCTION /, a it�`�S/ONAVE TO BIDDERS,Article 3, Delivery and Opening of Bids t (See Underlined) Attachment No.2: UAIASI. F-Uld, Modification to: 00 30 00-1(Page 1)BID ACKKNOWLEDGEMENT FORM, Article 1,Bid Recipient (See Underlined) Attachment No.3: Modification to: 00 30 01-1,2(Page 1 and 2)Bid Form 1!5e^ :D ys Yi'iiFi2£+} [Firm dame& Registration Number] ARTICLE 1—BINDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Addendum No.2 00 9101-1 H17002 I Frost Bank Emergency Generator Replacement Rev 01-13-2016 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS A. SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS—Article 3— Delivery and Opening of Bids 1. The date for receipt of Bids has been changed to 2:00 PM, Wednesday, May 1, 2019. DELETE: Page 1 in its entirety ADD: New Page 1 (See Attachment No. 1) B. SECTION 00 3000 BID ACKNOWLEDGEMENT FORM —Article 1—Bid Recipient 1. The date for submission of Bids has been changed to 2:00 PM, Wednesday, May 1, 2019. DELETE: Page 1 in its entirety ADD: New Page 1 (See Attachment No. 2) C. SECTION 00 30 01 BID FORM DELETE: Bid Form in its entirety. ADD: New Bid Form. (See Attachment No. 3) ARTICLE 4—CLARIFICATIONS 4.02 CLARIFICATIONS A. Clarification: The quantities in the current bid form included in the Contract Documents do not match the online bidders work sheet.The Bid Form included in Addendum No. 2 will have the updated correct quantities(See attachment No. 3). END OF ADDENDUM NO. 2 Addendum No. 2 00 9101-2 H17002 I Frost Bank Emergency Generator Replacement Rev 01-13-2016 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi, Texas (Owner) is requesting Bids for the construction of the following Project: Frost Bank Emergency Generator Replacement H 17002 The Scope of work for this project involves the removal of the existing diesel emergency generator and transfer switch with safe delivery to a location within city limits, and installation of a new 50OKW natural gas emergency generator, a new 1600 Amp service entrance transfer switch, a new concrete pad, and all associated work. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is $711,773.58. The Project is to be substantially complete and ready for operation within 160 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 2:00 PM, Wednesday, May 1, 2019 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. 3.04 If submitting a hard copy bid or bid security, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor ADDENDUM NO. 2 Invitation to Bid and Instructions to Bidders ATTACHMENT NO. 1 002113- 1 Frost Bank Emergency Generator Replacement—H17002 PAGE 1 OF 1 Rev10/2018 00 30 00 BID ACKNOWLEDGEMENTFORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by (type or print name of company) on: Wednesday, May 1, 2019 at 2:00 PM for H17002 - Frost Bank Emergency Generator Replacement. 1.02 SubmitBids, 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 -Frost Bank Emergency Generator Replacement, Project No. H17002. All envelopes and packages (including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt ADDENDUM NO. 2 Bid Acknowledgement Form ATTACHMENT NO. 2 003000- 1 Frost Bank Emergency Generator Replacement—H17002 PAGE 1 OF 1 Rev10/2018 00 30 01 BID FORM Project Name: Frost Bank Emergency Generator Replacement Project Number: H17002 Owner: City of Corpus Christi Bidder: OAR: TBD Designer: GPM Engineering Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization (Not to Exceed 5%of Total Project Cost) LS 1 A2 Bonds and Insurance LS 1 A3 Permits LS 1 SUBTOTAL PART A-GENERAL(Items Al thru A3) Part B-SITE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Selective Site Demolition LS 1 B2 Trenching for New Gas Piping LF 125 B3 Backfill for New Gas Piping CY 18 B4 Trenching for New Electrical LF 60 B5 Backfill for New Electrical CY 15 B6 Compacting and Cover SF 450 B7 Asphalt SF 450 B8 Concrete Pad CY 13 B9 Lot Stripping LS 1 B10 Bollards EA 19 1311 Allowance for Unanticipated Site Improvements LS 1 $ 1,500.00 $ 1,500.00 SUBTOTAL PART B-SITE IMPROVEMENTS(Items B1 thru B11) Part C- ELECTRICAL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) C1 Emergency Generator (Basis of Design -500 kW NG) EA 1 C2 Automatic Transfer Switch (Basis of Design 1600A) EA 1 C3 Shunt Trip Safety Disconnect EA 1 C4 4" PVC Conduit LF 580 C5 500 KCMIL Wire LF 2838 C6 3/0 Wire LF 400 C7 1/0 Wire LF 480 C8 Terminations LS 1 C9 lGrounding LS I 1 C10 JAIlowance for Unanticipated Electrical Improvements LS 1 $ 15,000.00 $ 15,000.00 SUBTOTAL PART C-ELECTRICAL IMPROVEMENTS(Items C1 thru C10) ADDENDUM NO. 2 Bid Form H17002 I Base Bid I Frost Bank Emergency Generator Replacement ATTACHMENT NO. 3 00 30 01- Page 1 of 2Rev 10/2018 Page 1 OF 2 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED QUANTITY AMOUNT Part D-MECHANICAL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Natural Gas Piping (ASTM A-53 Tar/Kraft Paper Coating)AG LF 50 D2 Natural Gas Piping (ASTM A-53 Tar/Kraft Paper Coating) BG LF 125 D3 Gas Main Shutoff Valve at Generator EA 1 D4 Gas Regulator EA 2 D5 Gas Tap Fee EA 1 D6 Gas Meter Fee EA 1 D7 Allowance for Unanticipated Mechanical Improvements LS 1 $ 1,000.00 $ 1,000.00 SUBTOTAL PART D-MECHANICAL IMPROVEMENTS(D1 THRU D7) Part E-TEMPORARY GENERATOR-IF REQUIRED(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Setup&Teardown of Temporary Generator LS 1 E2 1 Month Rental EA 1 E3 Weekly Rental EA 1 SUBTOTAL PART D-MECHANICAL IMPROVEMENTS(D1 THRU D7) BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A3) SUBTOTAL PART B -SITE IMPROVEMENTS(Items B1 thru B11) SUBTOTAL PART C- ELECTRICAL IMPROVEMENTS (Items C1 thru C10) SUBTOTAL PART D - MECHANICAL IMPROVEMENTS (Items D1 thru D7) SUBTOTAL PART E -TEMPORARY GENERATOR- If Required (Items E1 thru E3) TOTAL PROJECT BASE BID(PARTS A THRU D) ADDENDUM NO. 2 ATTACHMENT NO. 3 Bid Form H17002 I Base Bid I Frost Bank Emergency Generator Replacement page 2 NT 2 00 30 01- Page 2 of 2Rev 10/2018 00 30 00 BID ACKNOWLEDGEMENTFORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with thera }1wings, S ecifications, and Contract Documents, this Bid Proposal is submitted by l thQ t ' 1erVIC2 (type or print name of company) on: Wednesday, April 24, 2019 at 2:00 PM for H17002 - Frost Bank Emergency Generator Replacement. 1.02 Submit8ids, 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 - Frost Bank Emergency Generator Replacement, Project No. H17002. All envelopes and packages (including FLDEX 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 terns and conditions of SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder acknowledges that Owner, at its discretion, will correct mathematical errors contained in the Bid and will conform bid items in accordance with SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT. 2.04 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.05 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt Bid Acknowledgement Form 003000- 1 Frost Bank Emergency Generator Replacement—H17002 Rev10/7018 Addendum No. Addendum Date Signature Acknowledging Receipt ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder,and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. Bid Acknowledgement Form 003000-2 Frost Bank Emergency Generator Replacement—H 17002 Rev10J2018 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 3.13 As required by Chapter 2270, Texas Government Code, Bidder hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Base Bid $ q�E01-214; A. 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. 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. 4.02 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. Bid Acknowledgement Form 003000-3 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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 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 160 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 190 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within the number of days indicated in Section 00 30 01 BID FORM. 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. Bid Acknowledgement Form 003000-4 Frost Bank Emergency Generator Replacement—H17002 Rev10J2018 D. SECTION 00 3002 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 OS DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. G. SECTION 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 8-DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9-VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10-ETHICAL BEHAVIOR 10.01 Bidder certifies that Bidder's officers, employees and agents will not attempt to lobby or influence a vote or recommendation related to this Bid, directly or indirectly, through any contact with City Council members or other City officials from the date the Bid is submitted to the City until a Contract is executed by the City Manager or designee, except that comments are allowed to be made at a public meeting held under the Texas Open Meetings Act. ARTICLE 11-SIGNATORY REQUIREMENTS FOR BIDDERS 11.01 Bidders must include their correct legal name, state of residency, and federal tax identification number in the Bid Form. 11.02 The Bidder, or the Bidder's authorized representative, shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner, or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. 11.03 Bidders who are individuals ("natural persons" as defined by the Texas Business Organizations Code §1.002), but who will not be signing the Bid Form personally, shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 11.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. Bid Acknowledgement Form 003000-5 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 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. ARTICLE 12—BID SUBMITTAL 12.01 This Bid is submitted by: Bidder: AUA'A G w,f lr Sery,a (typed or printe u!!lega name of Bidder) By: (individual' signoture)tt Name: An,k tAt1e (typed or printed) f�^ Title: QN�e -(0110 �WLA V'i (typed or prin ) Attest: (individual"s signature) T State of Residency: 1 XNS Federal Tax Id. No. Address for giving notices: 700q 6AEJ lSAG Awhh.TX 1:13 Phone: FP-qq 3 "l q3S Email: YI 6e .(ane Q Qc#A (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,orjoint venture.) END OF SECTION Bid Acknowledgement Form 003000-6 Frost Bank Emergency Generator Replacement—H17002 Rev10J2018 DO 30 01 BID FORM This is a worksheet provided for Bidder convenience only. See instructions sheet for additional information. Bidder is still required to complete CivCast or paper bid forms for bid acceptance. Project Name:Frost Bank Emergency Generator Replacement Project Number:H17002 Owner:City of Corp"s Ch:i Bidder:Austin Welder and Generator OAR:TBD Oesi nc,:GPM Erlw, !nog Basis of Bid item DESCRIPTION UNITESTIMATID UNR➢RICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Not to Exceed 5%of Total Project Cost) LS 1 S 20 960.10 S 20,960.10 A2 Bands and Insurance LS 1 $ 1,200,00 1$ 1,20090 A3 lPermits LS 1 1 $ 7,500.00 1$ 7,SCO.00 SURTCTAL PART A-GENERAL(items Al thru A3) $ 29,660.10 Part 8-SITE IMPROVEMENTS(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) B1 5e1ective Site Demolition LS 1 $ 9,500.00 $ 9,500.00 B7 Trenching for New Gas Piping LF 125 S 35.00 S 4,375.00 B3 Backfill for New Gas Piping CY i8 $ 15.00 S 270.00 B4 Trenching for New Electrical LF 60 $ 35.00 $ 2,100.00 B5 Backfill for New Electrical CY 15 $ 15.00 $ 225.00 66 Compacting and Cover SF 450 $ 590 $ 2,250.00 B7 Asphalt SF 450 $ 10.00 $ 4,500.00 BR Concrete Pad CY 13 $ $76.92 U40,070.0.0 B9 Lot Stripping LS 1 $ 1,200.00 B10 Bollards EA 19 $ 350-00 Bll ATowance for Unant.cipated Site Improvements LS 1 $ 1,500.00 SUBTOTAL PART B-SITE IMPROVEMENTS(Items Bl thru 1111) Part C-ELECTRICAL IMPROVEMENTS(per SECTION 01 2901 MEASLAI ANO BASI5 F011 PAYMENT) Cl Emergency Generator(Basis of Design-500 kW NG) EA 1 $ 208750.00 S 208,750.00 C2 Automatic Transfer Switch(Basis of Design 1600A) EA 1 $ 27,845.00 $ 27,84590 C3 Shunt Trip Safety Disconnect EA I $ 4,500.00 $ 4,500.00 C4 4'PVC Conduit LF 580 $ 39.66 S 23.90000 C5 500 KCMIL Wire LF 2838 $ 26,07 S 74 000.00 C6 3/0 Wire LF 400 $ 18.75 $ 7,500,00 C7 110 Wire LF 480 $ 13.70 S 6,578.OD C8 Terminations LS 1 S14,000,00 S 1.7,000-00 C9 Grounding LS 1 $ 2,000.00 $ 2,000.00 010 JAllowance for Unanticipated Electrical Improvement! LS 1 $ 15,000.00 $ 15,000.00 SUBTOTAL PART C-tK011ICAL IMPROVEMENTS(items Cl 1hru CIO) $ 383,173,00 Part 0-MECHANICAL IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Natural Gas Plping(ASTM A-53 Tar/Kraft Paper Coaling)AG LF 50 $ 35.CO $ 1,750.00 02 Natural Gas Piping(ASTM A-53 Tar/Kraft Paper Coating)BG LF 125 $ 35.CO $ 4,375.00 D3 'Gas Main Shutoff Valve at Generator EA 1 $ 800.00 $ 800.00 D4 Gas Regulator EA 2 $ 1,200.00 $ 2,400.00 DS Gas Tap Fee EA 1 $ 900.00 $ 900.00 D6 Gas Meter Fee EA 1 $ 900.00 $ 900.00 D7 Allowance for Unanticipated Mechanical Improvements LS 1 $ 1.000.00 S 1,000.00 SUBTOTAL PART D-MECHANICAL IMPROVEMENTS(Dl THRU D7) $ 12,125.00 Part E-TEMPORARY GENERATOR-IF REOVIRED(pet SECTION 012901 MEASUREMENT AND BASIS FOR PAYL(FN7) El 1Selup&Teardownof Temporary GeneratorLS 1 $ 2,450.00 $ 2,450.00 E2 1 Month Rental EA 1 $ 4,5011.00 $ 4,500.00 E3 lWeekly Rental EA 1 $ 2,800.00 $ 2,800.00 SUBTOTAL PART D-M€CHANICAL IMPROVEMENTS I DITHRU D7) $ 9,750.00 BID SUMMARY SUBTOTAL PART A-GENERAL(items Al thru A31 $ 29.660.10 SUBTOTAL PART B-SITE IMPROVEMENTS(items al thru Bll; $ 40,070,00 SUBTOTAL PART C-ELECTRICAL IMPROVEMENTS(Items Cl thru CIO) $ 383,173 00 SUBTOTAL PART D-MECHANICAL IMPROVEMENTS(Items Dl thru D71 $ 12,125.00 .SUBTOTAL PART E-TEMPORARY GENERATOR-If Required(Items El thru E3 5 9,750.00 TOTAL PROJECT BASE BID(PARTS A THRU D) $ 10 5-, 0(7a-'b Bid Farm H17002 I Base Bid Part 1 1 Frost Bank Emergency Generator Replacement 00 30 01-Page 1 of)Rev 7012018 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. p Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Op/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: yt 5 bv typed or printed) By: (signature '--attach evidence of authority to sign) Name: �Whs,S L- c�tt/tim�ll Pfe � (typed or printed) Title: fry Business address: ;IVY nd �, her 7�7L P Phone: c 1, �S�l-ZZ Email: ,pc>n,.c�rt:J �2gf7<h r. d.� END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Frost Bank Emergency Generator Replacement—H17002 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: Aw4 Caen&k�dvr 5"M STREET P.O.BOX: ADDRESS a004 4WWJ tWC CITY: Ai fin STATE: "K ZIP: " 911AT FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other 8 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 AAA1— 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 tll041L 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 uB at 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 J Consultant I�Gt1 r�..- City of Corpus Christi 00 30 05—1 Frost Bank Emergency Generator Replacement—H17002 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 Co Christi,Texas as changes occur. Certifying Person: :J �', - �� Title: IP!'@ g (Type or Print) Signature of Certifying Person: f ��. — Date: _30 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 form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi 00 30 05—1 Frost Bank Emergency Generator Replacement—H17002 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: Frost Bank Emergency Generator Replacement H 17002 Bidder certifiesthat 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: Aw& Gerl"f yr fervid (typed or printed) By: (signature--attach evidence of authority to sign) Name: /fry i j /, 'Z'Mw.t/J (typed or printed) Title: ffe 5,Apo`_ Business address: -�►OQq V/AA ut* Ams&. TK I%lilt Phone: 5�a—�S(--a�y`1 Email: ,su(Mh+tf'SI�lAI1S�t�1A4Mfliit'�fiGON1 ENO OF SECTION Non-Collusion Certification 00 30 06-1 Frost Bank Emergency Generator Replacement—H17002 10/2018 SureTec BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Austin Welder& Generator Service, Inc., 2004 Howard Lane, Austin, TX 78728 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 the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, TX 78401 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 Project No H17002 — Remove and Replace Diesel Generator. New Concrete Pad, Electrical Work, Natural Gas Piping, etc. 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 1st day of May, 2019 Austin Welder & Generator Service, Inc. tPrincipal ' BY: TITLE: SureTec Insurance CQ alny BY Barbara A. Shama' rd, Attorney-In-Fact I 19694271 doc Rev 11 11 03 POA#: 4221845 SureTec Insurance Company LEMTED 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 Peter Pincoffs,John S. Bums,Jr.,Chris Brandt, Rob Bridges,Todd Davis, George S. Sykes,Jr., William H.Page,Jr., Barbara A.Shamard, Karl Williamson 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 Five Million and 001100 Dollars($5,000,000.00) 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 d4ly 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver;any and all bonds,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 attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 13th day of February ,A.D.2019 . SURETECINS PANY ��txantcF o wG; q By: Lu LU p` John Kno ,CE State of Texas ss: 7 . d CO County of Harris s .......... On this 13th day of February , 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. 1,1E[YN GRrtNl_EAF =' Muiery put;lic, State of texils Cc"„" s 05.18-2021 Notary 1C) 126903029 Jacq elyn Greenleaf,Notary Public My commission expires May 18,2021 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and 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 _day of A.D: 7._7 Bre'd Beaty,M1Stj_ntL S. tory Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 FedinOffice. May 01,2019 08:02 Page:1 Receipt#:0723913919 MasterCard#:XXXXXXXXXXXX6544 Reference:<130 not entered> 2019105/0107:52 Oty Description Amount 10 PC Basic Station Tlme/Minute 3.90 1 Computer B&W Prints Letter/Legal 0.59 1 Computer B&W Prints Letter/Legal 0.59 1 Computer B&W Prints Letter/Legal 0.59 SubTotal 5.67 Taxes 0.46 Total 6.13 The Cardholder agrees to pay the Issuer of the charge card in accordance with the agreement between the Issuer and the Cardholder. FedEx Office Print&Ship Centers 5601 Brodie Ln. Sunset Valley,TX 78745 (512)892-1992 www.FedExOtfice.com Tell us how were doing and receive 10%off your next$25 print order at fedex.com/welisten or 1-800-398.0242 Offer Code: Offer expires 06/30/19 Get your message out in a big way with everything from full-color banners to photo-quality posters,yard signs, auto magnets and more. Please Recycle This Receipt 00 30 01 BID FORM This is a worksheet provided for Bidder convenience only. See instructions sheet for additional Information. Bidder is still required to complete Clvtast or paper bid forms for bid acceptance. Project Name:Frost Bank Emergency Generator Replacement Project Number:H17002 Owner:City of Corpus Christi Bidder:Austin Weldor and Generator OAR:TBD Desi ner.GPM Engineering Basis of Bid Item DESCRIPTION URR ESTIMATED _ UKRPa10E OlmrOfD QDAtIT1TY AMgsNT Base Bid Pail A.General(pet SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization(Not to Exceed 5%of Total Project Cost) LS 1 IS 2D,960.10 $ 20 60.10 12 Bonds and Insurance LS 1 $ Z00.00 $ 1,200.00 A3 Permits LS 1 $ t0-00 S 7,500.00 USTOTAL PART A-GENERA(items Al thru A3) Is 291660.10 Pan 8•SITE IMPROVEMENTS r SECTIONOI 2901 MEASUREMENT AND BANS FOR PAYME 61 Selective Site Demolition LS I i $ 9.500.00 $ 91500-00 82 Trenching for New Gas Piping LF 12S $ 35.00 $ 4,375.00 83 Backfill for New Gas Piping Cy 18 $ 15.00 $ 270.00 S4 Trenching for New Electrical LF 60 $ 35.00 $ 2,100.00 85 Backfill for Now Electrical Cy 15 15.00 $':: 225.00 86 Compacting and Cover SF 450 $ 5.00 $ 250.00 87 Asphalt SF 450 $ 10.0O.S 4 AO B8 Conerate Pad CY 13 $ 576.92 $ 7 AO 89 Lot Stripping LS 1 $ 200.00 $ 200.00 A. 2"lards EA 19 $ 350.00 $ 6650.00 Bit jAllowance for Unanticipated Site improvements LS 1 $ 1500.00. $'.. 1.500.00 UBTOTAL PART 8.SITE IMPROVEMENTS(items 8l thru 611) $ -40,070.00 Part C-ELECTRICAL IMPROVEMENTS(per SECTION 012901 MEASUREMENT AND BANS FOR PAYMENT) C1 Emergency Generator(Basis of Design-SOO kW NG) EA 1 $ 208 750.00 $ 208 750.00 C2 Automatic Transfer Switch(Basis of Design 1600A) EA 1 $ 27 5.00 $..27,845.00 C3 Shunt Trip Safety Disconnect EA 1 $ 4,500.00 $ 4,500.00 C4 4'PVC Conduit LF 580 $ 39.66 $--'23 000.00 CS 500KCMILWire LF 2838 $ 26.07 $ 74000.00 C6 3/0 Wire LF 400 $ 18.75 $ 7 AO C7 1/0 Wire LF 480 $___13.70]$ -6,S78.00 C8 Terminations IS 1 $ 14,000.00 $ 14 OOOAO C9 Grounding LS 1 $ 2 000.00 $ 000.00 C70 Allowance for Unanticipated Electrical Improvements Ls 1 $ 5,:. 5 .00 $ 15:Ge UB7OTAL PART C•ELECTRICAL IMPROVEMENTS(items Cl thru C1A) Bill 3.00 Pan 0.MECHANICAL IMPROVEMENTS(per SECTION 012901 MEASUREMENT AND BANS FOR PAYMENT) Ol Natural Gas Piping(ASTM A-53 Tar/Kraft Paper Coating)AG LF I SO D2 Natural Gas Piping(ASTM A-53 Tar/Kraft Paper Coating)BG LF 125 D3 Gas Main Shutoff Valve at Generator EA 1 D4 Gas Regulator EA 2 DS Gas Tap Fee EA 1 $ 900.00 $ 900.00 D6 Gas Meter Fee EA 1 $ 900.00 $ 900.00 D7 Allowance for Unanticipated Mechanical Improvements LS 1 $ 1000.00 $ 1,000M UBTOTAL PART D-MECHANICAL IMPROVEMENTS(OI THRU D7) it Part E-TEMPORARY GENERATOR-IF REOUIREO SECTION 012901 MEASUREMENT AND BANS FOR PAYMENT) El Setup&Teardown of Temporary Generator LS 1 $ 450.00 $ 450.00 E2 1 Month Rental EA 1 $ 4,500.40 $ 4,500,00 E3 Weekly Rental I EA I 1 1$ 2,800.001$ ZSDO.00 SUBTOTAL PART 0-MECHANICAL IMPROVEMENTS(DA THRU D7) 1$. 9,7SOA0 BID SUMMARY SUBTOTAL PART A-GENERAL(items Al thru A3) $ 29,660.10 SUBTOTAL PARTS-SITE IMPROVEMENTS(Items BI thru Bli) S 40 070.00 SUBTOTAL PART C-ELECTRICAL IMPROVEMENTS Items Cl that CIO $ 383173.00 SUBTOTAL PART D-MECHANICAL IMPROVEMENTS(Items Dl thru D71 I 1 1$ SUBTOTAL PART E.TEMPORARY GENERATOR-If Required(Items El thru E3 $ 9,750.00 TOTAL PROJECT BASE BID(PARTS A THRU 01 Bid Form H17002 1 Base Bid Part 1 I Frost Bank Emergency Generator Replacement 00 30 01-Page 3 of 1Rav 1012018 00 3001 BID FORM This is a Worksheet provided for Bidder convenience only. See instructions sheet for additional information. Bidder is still required to complete CivCast or paper bid forms for bid acceptance. Project Name.Frost Bank Emergency Generator Replacement Project Number.H17002 Owner.City of Corpus Christi Bidder.Austin Weider and Generator OAR:TBD loosigneriGPIVI Engineering Basis of Bid item.: DESCRIPTION. uNrf QIMATEOANITIV UHRpRICE T Base Bid Put A-General Iper SECTi0N012901 MEASUREMENT AND BASIS FOR PA Al IMobilization Not to Exceed S%of Total Project Cort) LS1 20 60.10 S Za 60.10 A2 Bonds and insurance LS 1 $ 1,200.00 $ 2,200.00 A3 lPermits LS 1 IS 7,500.00 $' 7.500.00 SUBTOTAL PART A-GENERAL(item Al thru A3) $ 29,650.10 Put B-SITE WPROVEMENTS Ow SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) 81 Selective Site Demolition LS 1 $ 91500.00 $ 9,500,00 B2 Trenching for New Gas Piping LF 125 S -35.00 $ 4,375.00 B3 Backfill for Now Gas Piping CY 18 S `15.00 $ 270.00 B4 Trenching for New Electrical LF 60 $ 35.00 $ 2,100.00 BS Backfill for New Electrical CY 15 $ 15.00 $ 225.00 86 Compacting and Cover SF 450 $ 5.00 S 2,250.00 87 Asphalt SF 450 $ 10.00.$ 4,500.00 BB Concrete Pad CY13 $ 576.92 $ ,7 0.00 89 Lot Stripping IS 1 $ 1200.00 $ L200.00 810 18ollards EA 19 $ 350.00 $ 6,650.00 811 IAJlowance for Unanticipated Site Improvements I LS 1 S 1,500.00 $ 1.500.00 SUBTOTAL PART B-SITE IMPROVEMENTS(Items 81 thru B11) 40,070.00 Pan C-ELECTRICAL IMPROVEMENTS(pet SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) CS Emergency Generator(Basis of Design-500 kW NG) EA i $ 208,750.00 $ 208750.00 C2 Automatic Transfer Switch(Basis of Design 1600A) EA 1 S 27,845.00 $ 27,845.00 C3 Shunt Trip Safety Disconnect EA 1 S 4,500.00 $ 4,SO0.00 C4 4'PVC Conduit LF 580 $ 39.66 $ 23,000.00 CS 500 KCMIL Wire LF 2838 $ 26.07 S 74,000.00 C6 3/0 Wire LF 400 $ -18.75 $ 7,500.00 C7 1/0 Wire LF 480 $ 13.70S 6,578.00 C8 Terminations LS 1 $ 14,000.00 1$ 14,000.00 C9 Grounding LS 1 $ 2,000.00 $ $000.00 C10 Allowance for Unanticipated Electrical Improvements LS 1 $ ]5 000.00 $ 15,000.00 UBTOTAL PART C-ELECTRICAL IMPROVEMENTS(items C1 thru CIO) IS 383,173.00 Part 0-MECHANICAL IMPROVEMENTS(per SECTION 012901 MEASUREMENT AND BASS FOR PAYMENT) Dl Natural Gas Piping(ASTM A-53 Tar/Kraft Paper Coating)AG LF 50 D2 Natural Gas Piping(ASTM A-53 Tar/Kraft Paper Coating)BG LF 125 D3 Gas Main Shutoff Valve at Generator EA 1 D4 Gas Regulator EA 2 DS Gas Tap Fee EA 1 $ - 900.00 11 ...900.00 D6 Gas Mater Fee EA 1 $ .900.00 S 9110.00 D7 Allowance for Unanticipated Mechanical Improvements LS 1 $ 1.000.00 $ 000.00 [SUBTOTAL PART 0-MECHANICAL IMPROVEMENTS(DI THRU 07) Part E-TEMPORARY GENERATOR-IF REQUIRED(per SECTION 012901 MEASUREMENT AND BASIS FOR PAYMENT) EI Setup&Teardown of Temporary Generator LS 1 $ 2,450.00 $ 450.00 E2 1 Month Rental EA 1 $ 4,500.00 $ 4,S00,00 E3 lWeekly Rental EA I 1 IS 2,81110,00 $ 2,800.00 SUBTOTAL PART 0-MECHANICAL IMPROVEMENTS(DITHRU DT) $ 9,750.00 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A3) $ 29,660.10 SUBTOTAL PART B-SITE IMPROVEMENTS(Items 91 thru 8111 $ 40,070.00 SUBTOTAL PART C-ELECTRICAL IMPROVEMENTS Jlterns C1 th�o7t $ 383,173.00 SUBTOTAL PART 0-MECHANICAL IMPROVEMENTS(items Ol $ SUBTOTAL PART E-TEMPORARY GENERATOR-If Required(IteE3 $ 9,750.00 TOTAL PROJECT BASE BIO(PARTS A THRU D) $- 462,653.10 Bid Form H17002 1 Sue Bid Pan 2 I Frost Bank Emergency Generator Replacement 00 30 01-Page I of Mev 10/2018 004516 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE ASTATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Biddemmmst complete and submit the Statement of Experience within 5 days after the date Bids are due, or earlier if required by the Bid Documents, to demonstrate the Bid6ers'respmmaibUitY and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Ovvner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experlencein an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to c|erihy, enhance or supplement the information provided inthe Statement ofExperience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft VVonj to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must beclearly referenced by attachment number inthe form, and the attached material must include the attachment number onevery sheet ofthe attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project.Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 |fnone ofthe three apparent low Bidders are deemed responsible,the Owner may notify the next apparent low Bidders in order,who will then be required tosubmit the Statement ofExperience for review, until a Contract is awarded orall Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all mfthe information provided by the Bidder mraproposed Subcontractor Vmresponse tmthis Statement of Experience. I04 Provide general information about the organization as required in Table 1. Describe the organizational structure ofthe Bidder's organization asitrelates tothis Project in Table 2. 2.05 Provide resumes for thekey personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. |fkey personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage oftheir time that will bedevoted toeach role. |fthe individual isnot tobedevoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be Statement of Experience 804516-1 Frost Bank Emergency Generator Replacement—H17OOl Rev 10/2018 considered in determining whether the experienceof the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must includeschedu ling of manpower and materials,safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed.Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quatity of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project.By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidders safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership,or other legal entity represented by the Bidder or anyone acting for such firm,corporation, partnership,or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Statement of Experience 004516-2 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code,Chapter 60.2(c)(1)and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service,agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five(5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five(S)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death,within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY,MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS. Statement of Experience 004S16-3 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 TABLE 1—ORGANIZATION INFORMATION Organization doing business as: f rr` Business Address of Principal Office a,6 � RoWitVt� Lag, lTX IV "o Telephone No. Website F WW. aVj}0, t {pjr,{,p Form of Business(check one) Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation TX Date of Incorporation 3 Igit Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General O Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms,or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees ?,3 Average estimate of revenue for the current year Statement of Experience 00 45 16-4 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 1—Organization Information Organization doing business as: I go]% g NJU, Previous History with City of Corpus Christi List the S most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio(EMR)History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience—Answer all question Yes or No. Has Bidder or a predecessor organization been debarred within the last 10 years? List debarring entities below and provide full details in a separate attachment if yes.NO ✓ YES Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes.NO ✓ YES Has Bidder or a predecessor organization been released from a bid or proposal in the past 10years? List Projects below and provide full details in a separate attachment if yes.NO__ YES Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes.NO_ YES Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes.NO__J,/ YES Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or laim, and an explanation of why the lien has not been released or that the claim has not been paid if yes.NOYES Statement of Experience 004516-5 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 2—Project Information Organization doing business as: ywhy- Ja u Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager -T i,� � Lrs TT, tGn4m Superintendent � sfi� c,r'S MG ( .T, Uh#,6-i u Safety Manager Tti fb, RWS T.7, L1 q an Quality Control i Manager W �avld r'l tez Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price -� Q Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year I EMR Year EMR Year EMR Subcontractor Year I EMR Year EMR Year EMR Statement of Experience 004516-6 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: iaJ Ser�u, Project Information y!. �"�"_ Project G� p� E�ylq t�K4tifitVl * I1L► Description Fmr'ralk ah) WWII AW 940 kW RtA4" 943 eAWW AIN Name C91P, CUAcr6f4C 4 CI W VAmM AW00. Reference Contact Information ItAQZ ti 0.0 S anN Wtni Project Owner I 04 E t Name/Title j a QhVk IM f4rkf A AwtdiM Telephone 5 a— Qa, Email ( G Project Designer Project Budget and Performance Original 16- S •QQ Final Contract �1�5 5 1R,00 #Contract q 0 #Days 0 Contract Price Price ll t Days Late Issues/Claims/ Nona, Litigation: 'v Project Information Project CRR a(- VoNe geAiw G4er I Description TItkil °` W OQ 13V W AAJvAJ }� Name 00 fj Reference Contact Information"" (� (ht�rtnQh} Project Owner G p ki Name/Title CAl kim c4 Lk — SIS ivechl- (If pWC Work Telephone (a.—"� g— 312S I Email I chpA u c bA# gal Project Designer NAft Clr IQ Project Budget and Performance Original Final Contract #Contract #Days hh Contract PricePrice l �`dQ Days 30 Late V Issues/Claims/ �V� lkt Litigation: Project Information ProjectRCr1�+JSAf1GZ Hd Description a 4 l 6u�" Name Mal AW✓ Q Reference Contact Informationrj d AdA4W d QAa♦ Project Owner hhQ5AACk }t� Name/Title Telephone 15 Jgol—nvo I Email Is q S u Project Designer &V A ksv ii a S Project Budget and Perfo mance Original 't�► Final Contract #Contract #Days Contract Price r3�q'`fV Price (��3�R'�{� Days Late 0 Issues/Claims/ (t e Litigation: 'V Statement of Experience 004516-7 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project �p {� ,�M� u, l� }� dItJ CA r wt +tom/ Name veravYk `"eAerktir l '"'h Description 9 3U Q e I u►l r"tql e -EA+v' fi e Reference Contact Information a OttluWrl q(QM 5 ' Project Owner VkAC Name/Title Omqp Telephone 1�1— Yi l'1__ks[o E ail r Project Designer r ' Project Budget and Performance Original o� Final Contract {} #Contract # Days Contract Price I Price R s�r ��S'Q� Days Ipd Late Q Issues/Claims/ Litigation: �V Project Information Project VnViAtAA i AW M KW cum y&eAfvrl Name tntuS NhW Cr VI, Y- Description 600A AllAw UA(,f Jud et+Y(kl �Xri1 Reference Contact Information j�� ti Ua�l S Project Owner Cfni Name/Title h Telephone S a— 3a�, 6 Q6 Email 1(lS�LGM Project Designer A0tkAr se,,-ylu Project Budget and Performance Original Final Contract #Contract # Days y ( Contract Price I0 11113,00 Price I0 1 1 '113,11 Days Late Issues/Claims/ Litigation: 1V Project Information Project Name etk Omit � �5>��ivlA W++�r Description Reference Contact Information �� Project Owner Vrl�+} 1 CVA Name/Title Telephone 6 ?j Email '` �,�; Project DesignerLU Sp� Project Budget and Performance Original �$ Final Contract # Contract # Days Contract Price —�8 C)o0 Price �� Days / o Late Issues/Claims/ Litigation: Statement of Experience 0045 16-8 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: ,„ WfXr ferke Protect Information Project Description Name 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: Proiect 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: 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 004516-9 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense,the final disposition of the violation or offense,if any,and the penalty assessed. NO YES 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 t pe of violation or offense,the final disposition of the violation or offense, if any,and the penalty assessed.NO= YES 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 in'ury or death? List convictions or judgments below and provide full details in a separate attachment if yes.1 O YES The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑Yes 3/No 2 Does the Bidder conduct regular construction site safety inspections? N(Yes ❑ No 3 Does the Bidder have an active construction safety training program? Yes ❑No 4 Does the Bidder,or affected subcontractor, have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No id N/A B. Excavation e(Yes ❑ No ❑ N/A C. Cranes&Hoists w Yes ❑ No ❑ N/A D. Electrical P(Yes No ❑ N/A Statement of Experience 00 45 16-10 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as:J eyyj E. Fall Protection ❑ Yes ❑ No r/N/A F. Confined Spaces ❑ Yes ❑ No V N/A G. Material Handling V Yes ❑ No ❑ N/A H. Demolition VYes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No V N/A J. Underground Construction v1 Yes c) No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less 5 than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's es ❑ No OSHA 300 and 300A logs for the past five (5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's 6 NCCI workers' compensation experience rating sheets for the past five (5) years in a ❑Yes 1;l"No 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 magnitude ❑Yes iNo of the issues in a separate attachment if yes. Statement of Experience 004516-11 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 Table 5-Demonstrated Minority, MBE,DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%ofContract Price Statement of Experience 00 45 16-12 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 ARTICLE S—CERTIFICATION 5.01 By submitting this Statement of Experience and related information,Biddercertifies 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 thiscertification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: Amsb) GenCrr -,>1� Ser- ce (typed or printed) By: V /1-Z (individuol''s signature) AMR, Name: (AAS, (typed or printed) LL Title: MSI de S4I$, GuK �T (typed or printed) Designated Representative: Name: Am Title: Da�.s f k f4 es Co .0 . . Address: 21604 R� L"i Telephone No.: 51j-9j3—��{35 Email: t-phhl��IaAQ, AA 6iri Amahr.Wl'N END OF SECTION Statement of Experience 004516-13 Frost Bank Emergency Generator Replacement—H17002 Rev 10/2018 00 52 23 AGREEMENT This Agreement, for the Project awarded on July 16, 2019, is between the City of Corpus Christi (Owner) and Austin Welder&Generator Service, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Frost Bank Emergency Generator Replacement 19031 (H17002) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: GPM Engineering, Inc. 5440 Old Brownsville Rd Corpus Christi, Texas 78417 2.02 The Owner's Authorized Representative for this Project is: Kent Power, P.E.—Acting Construction Mangement Engineer City of Corpus Christi—Engineering Services 4917 Holly Rd., Bldg#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 160 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 190 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 Frost Bank Emergency Generator Replacement 19031A(H17002) Rev 10/2018 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$900 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$900 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 Base Bid Price $ 474,765.52 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 Frost Bank Emergency Generator Replacement 19031A(H17002) Rev 10/2018 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, 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 Frost Bank Emergency Generator Replacement 19031A(H17002) Rev 10/2018 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 Frost Bank Emergency Generator Replacement 19031A(H17002) Rev 10/2018 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR— Contract Documents must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, documents must be Attested; B. ASSISTANT CITY ATTORNEY for the City; Agreement 005223-5 Frost Bank Emergency Generator Replacement 19031A(H17002) Rev 10/2018 C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. [SIGNATURE PAGE TO FOLLOW] Agreement 005223-6 Frost Bank Emergency Generator Replacement 19031A(1-117002) Rev 10/2018 ATTEST CITY OF CORPUS CHRISTI �' Digitally signed by Rebecca Huerta Digitally signed by Jeff Edmonds 7 DN:ct-Rebec.Huerta,o=city or corpus DN:cn=Jeff Edmonds,o,ou=Engineering, cnrisn,oc=city secretary, email=jeffreye@cctexas.com,c=US mail=rebeccan@cctexas.Mrn,c=us _ Date:2.19.08.1215.15.46-05'00' cp��C_ Date:2019.08.0811:09:57-05'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2019-103 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL 07/16/2019 Digitally signed by Kent Mcllyar Digitally signed by RH/AB DN:cn=Kent Mcllyar,o,ou, email=kentmc@cdt as.com,US R H A B Date:2019.08.08 13:38:47-05'00' Date:2019.08.06 16 06 36-05'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Austin Wel er&Generator Service, Inc. (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President Chief Executive Officer, or Chief 2004 Howard Lane Financia!Officer Address Austin, Texas 78728 City State Zip 512/993-1435 Phone Fax Ronnie.lane@austingenerator.com EMail END OF SECTION Agreement 005223-7 Frost Bank Emergency Generator Replacement—H17002 Rev10/2018 00 61 13 PERFORMANCE BOND BOND NO. 4415073 Contractor as Principal Name: Austin Welder & Generator Service, Inc. Mailing address (principal place of business): 2004 Howard Lane Austin, TX 78728 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. 19031A (H17002) Frost Bank Emergency Generator Replacement Award Date of the Contract: July 16„ 2019 Contract Price: $474,765.52 Bond Date of Bond: July 23, 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, TX 78759 Physical address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, TX 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): 512-732-0099 Telephone (for notice of claim): 512-732-0099 Local Agent for Surety Name: Marsh Wortham, a division of Marsh USA, Inc. Address3•500 E Palm Valley Blvd, Suite 3 Round Rock, TX 78665 Telephone: 512-485-3897 Email Address: barb.shamard@worthaminsurance.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 19031A (H17002) Frost Bank Emergency Generator Replacement RECEIVED AUG ` 2 2019 ENGINEERING SERVICES 006113-1 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as P incipal,, Signature: Surety 111 Signature: Name: c/fi r(,„,e,, Name: Barbara A. Shamard Title: irifi Title: Attorney In-Fact Email Address: '�"',ps ,:,•(OQuilsle is 7` Email Address: barb.shamard@worthaminsurance:com (Attach Power of Attorney and place surety seal below) CL- END OF SECTION Performance Bond 19031A (H17002) Frost Bank Emergency Generator Replacement 006113-2 7-8-2014 POA a: 4221845 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 Peter Pincoffs, John S. Burns, Jr., Chris Brandt, Rob Bridges, Todd Davis, George S. Sykes, Jr., William H. Page, Jr., Barbara A. Shamard, Karl Williamson 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 Five Million and 00/100 Dollars ($5,000,000.00) 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of' the Company, to execute, acknowledge and deliver, any and all bonds, 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 13th day of February ', A.D. 2019 . State of Texas County of Harris ss: wcc 9 SURETEC INS By: John Kno P.. , ANY On this 13th day of February , 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. JACQUELYN GREENLEAF Notary Public, State of Texas " ^' $ Comm. Expires 05-18-2021 I ,;a„.` Notary ICS 126903029 1, Jacgitelyn 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 day of , Bren Beaty, ."istant Se to v Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 00 61 16 PAYMENT BOND BOND NO. 4415073 Contractor as Principal Name: Austin Welder & Generator Service, Inc. Mailing address (principal place of business): 2004 Howard Lane Austin, TX 78728 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street Corpus Christi, Texas 78469 Contract Project name and number: Proiect No. 19031A (H17002) Frost Bank Emergency Generator Replacement Award Date of the Contract: July 16, 2019 Contract Price: $474.765.52 Bond Date of Bond: July 23, 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, TX 78759 Physical address (principal place of business): 9737 Great Hills Trail, Suite 320 Austin, TX 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): 512-732-0099 Telephone (for notice of claim): 512-732-0099 Local Agent for Surety Name: Marsh Wortham, a division of Marsh USA, Inc. Address* 500 E Palm Valley Blvd, Suite 3 Round Rock, TX 78665 Telephone: 512-485-3897 Email Address: barb.shamard@worthaminsurance.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 61 16 - 1 19031A (H17002) Frost Bank Emergency Generator Replacement 7-8-2014 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any lega on. Contractor as Pr' cip- I Signature: Surety Signature: Name: - f,J e, Name: Barba aA. Sham.rd Title: (;EJ ;06.1— Title: Attorn- -In-Fact Email Address: f,,•,,,,,,,cr, i QiuA:..) enef:,g- Email Address: (Attach Power •.. 1.111. SM. 0111.111 I ..1"- C�,,.t of Attorney and place surety seal below)... END OF SECTION Payment Bond Form 19031A (H17002) Frost Bank Emergency Generator Replacement 006116-2 7-8-2014 POA a: 4221845 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 Peter Pincoffs, John S. Burns, Jr., Chris Brandt, Rob Bridges, Todd Davis, George S. Sykes, Jr., William H. Page, Jr., Barbara A. Shamard, Karl Williamson 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 Five Million and 00/100 Dollars ($5,000,000.00) 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, 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 20°i 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 13th day of February A.D. 2019 . State of Texas County of Harris ss: W On this 13th day of February , 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. �•``YPiii JACQUELYN GREENLEAF Notary Puhlic, State of Texas `.T Comm. Expires 05-1B-2021 '1'4. ;�� Notary ID 126903029 ti Jacquelyn 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 BoardofDirectors, 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 day of , a�� • - .:. li/IJI 1. Bren Beaty, A't istant Se Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 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