Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C2015-003 - 1/20/2015 - Approved
_ — _.. . 2015-003 SPECIAL PROVISIONS 1/50/15 M2015-011 SPECIFICATIONS Bay Ltd. AND FORMS OF CONTRACTS AND BONDS FOR TxDOT PARTICIPATION PROJECTS- FM 2444 WATERLINE ADJUSTMENTS - TA. • SK ORDER NO. 5 & 6 PROJECT NO. E13109, E13110 Prepared by RVE, Inc. TBPE Firm Reg. No. F-2037 820 Buffalo Street Corpus Christi, Texas. 78401 ri ire RVE, Inc. Phone: 361/887-8851 engineering - surveying TBPE Firm Reg. No. F-2037 Fax: 361/887-8855 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826-3501 ( ') A IFIL....ai.....•••4•••••••44.. c / . s R SC0�T JONES «J O:% ""$481986"...74. ��00 Corpus Chrsti ..0/61�,.• , .. Engineering �%4:0NA�''t�=.„ 3/ I,i r. PROJECT NO: E13109,E 13110 DRAWING NO: WTR 442 I (Revised 12/07/06) 1: TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) Table of Contents NOTICE TO BIDDERS(Revised 7/5/00) 007201 INSURANCE REQUIREMENTS (Revised 11/25/13) PART A - SPECIAL PROVISIONS 1: A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award 111 A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) im A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 field Office (NOT USED) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A 21 Project Signs (NOT USED) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inspection Required (NOT USED) A-24 Surety Bonds A 25 Sales Tax Exemption (NOT USED) (6/11/98) A-26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work 1: A-34 Precedence of Contract Documents A 35 City Watcr Facilities Special Requirements (NOT USED) A-36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker' s Compensation Coverage for Building or Construction Projects for Government Entities A 39 Certificate of Occupancy and Final Acceptance (NOT USED) isRev. 8/03 Page 1 of 4 I i A-40 Amendment to Section B-8-6: Partial Estimates A 41 Ozone Advisory(NOT USED) A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre-Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A-49 Amend "Maintenance Guaranty" (8/24/00) A-50 Amended Prosecution and Progress A-51 Dewatering/Well Pointing A 52 Electronic Submittal of Bids (NOT USED) A 53 Video Documentation (NOT USED) 11 A-54 Trench Safety A 55 Confined Space Entry Requirements (NOT USED) A-56 Pavement Restoration and Project Clean Up A-57 Re-routing of Traffic During Construction A-58 Restoration of Private Property A-59 Access to Private Property A-60 Pipe Trench Bedding and Backfill A 61 Stormwatcr Pollution Prevention (NOT USED) A-62 Dust Control A-63 Noise Control and Working Hour Restrictions 11 A-64 Other Accessibility Requirements A-65 Maintenance and Control of Wastewater Flows A 66 Regional Transportation Authority (RTA) Contract Documenta (NOT USED) A-67 Coordination with AEP, AT&T, and Other Utility Companies I ATTACHMENTS • ATTACHMENT 1: Submittal Transmittal Form PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATE REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping (S-5) 021040 Site Grading (S-6) 022 EARTHWORK 022022 Trench Safety for Excavations 023 DRILLING 023200 Horizontal Directional Drill 025 ROADWAY 025404 Asphalts, Oils and Emulsions (S-29) Rev. 8/03 I Page 2 of 4 I 026 WATER 1: 026202 Hydrostatic Testing of Pressure System (S-89) 026210 Polyvinyl Chloride Pipe - AWWA C900 & C905 (S-83) 026402 Waterlines (S-88) 026404 Water Service Lines (S-87) 026406 Private Water Service Lines 026409 Tapping Sleeves and Tapping Valves (S-84) 026411 Gate Valves for Water Lines (S-85) 1: 026416 Fire Hydrants (S-86) PART T - TECHNICAL SPECIFICATIONS 1: 010 GENERAL 010000-T Mobilization and Bonds 1: 021 SITE PREPARATION 021080-T Removing Old Structures (S-55) 022 EARTHWORK 022020-T Excavation and Backfill for Utilities and Sewers (S-9) 022090-T General Excavation 022420-T Silt Fence (S-97) 025 ROADWAY 025205-T Removing and Replacing Pavements (S-54) 025424-T Hot Mix Asphaltic Concrete Pavement (Class A) (S-34) 025802-T Temporary Traffic Controls During Construction 026 WATER 026206-T Ductile Iron Pipe and Fittings (S-81) 1: 028 LANDSCAPE 028020-T Seeding (S-14) LIST OF DRAWINGS 1. TITLE SHEET 2. LEGEND, GENERAL NOTES, TESTING SCHEDULE, AND SEQUENCE OF CONSTRUCTION 3. SHEET LAYOUT, ESTIMATED QUANTITIES AND TRENCH DETAILS 4 . TYPICAL TRAFFIC CONTROL 5. DEMOLITION PLAN 1: 6. 16" WATERLINE PLAN & PROFILE BEGIN PROJECT TO STA. 4+50 7. 16" WATERLINE PLAN & PROFILE STA. 4+50 TO 9+00 8. 16" WATERLINE PLAN & PROFILE STA. 9+00 TO 13+50 9. 16" WATERLINE PLAN & PROFILE STA. 13+50 TO 18+25 10. 16" WATERLINE PLAN & PROFILE STA. 18+25 TO 23+00 11. 16" WATERLINE PLAN & PROFILE STA. 23+00 TO 25+21 12. WATERLINE CROSSINGS imRev. 8/03 Page 3 of 4 I I 13. STANDARD WATER DETAILS (1 OF 5) 1 14 . STANDARD WATER DETAILS (2 OF 5) 15. STANDARD WATER DETAILS (3 OF 5) 16. STANDARD WATER DETAILS (4 OF 5) 17. STANDARD WATER DETAILS (5 OF 5) 18. STORM WATER BEST MANAGEMENT PRACTICES NOTICE AGREEMENT I PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND I PAYMENT BOND ATTACHMENTS I • ATTACHMENT 1: FORM WS-1 • ATTACHMENT 2: FORM W-2 I • ATTACHMENT 3: TxDOT BUY AMERICA MATERIAL STATEMENT FORM 1818 I 1 I I I I Rev. 8/03 Page 4 of 4 t t t C NOTICE TO BIDDERS C C C C C NOTICE TO BIDDERS LSealed proposals, addressed to the City of Corpus Christi, Texas for: TxDOT PARTICIPATION PROJECTS—FM 2444 WATERLINE ADJUSTMENTS—TASK ORDER NO. 5 &6 (PROJECT NO. E13109, E13110)consisting of removal of approximately 2,600 LF of existing 16" PVC & 43 LF of existing 12" PVC III waterlines and appurtenances on FM 2444 from Kitty Hawk Drive to Botanical Gardens; installation of approximately 2,600 LF of new 16"waterline and appurtenances from Kitty Hawk Drive to Botanical Gardens, including a new 30"x113' directional drilled steel encasement crossing at Kitty Hawk Drive & water system reconnections, in accordance with the plans, specifications and contract documents. Sealed bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, October 1, 2014, and then publicly opened and read.Any bid received after closing time will be returned unopened. A non-mandatory pre-bid meeting is scheduled for 10:30 a.m., on Wednesday, September 17, 2014 and will be Lconducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. All questions shall be submitted in writing on the Public Purchase website by noon on the Wednesday prior to the week of bid opening. Inquiries made after this period will not be addressed. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over$25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. ibie Plans, proposal forms, specifications and contract documents may be found at the following website: www.publicpurchase.com Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to Ldetermine that a complete set of documents, as defined in the Agreement are received. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic"employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/Natasha Fudge, P.E. Acting Director of Capital Programs /s/Rebecca Huerta City Secretary C C C I Revised 11/20/13 C L INSURANCE REQUIREMENTS 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises - Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability- Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required 'xi Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk (All Perils including Collapse) Equal to Contract Price ❑ Required ix' Not Required Installation Floater Equal to Contract Price ❑ Requiredx❑. Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required I Not Required Insurance Requirements 00 72 01- 1 FM 2444 Waterline Adjustments-Task Order 5 &6—Project No. 13109 & E13110 11-25-2013 1.02 GENERAL PROVISIONS accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. 3 D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing3 information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT I where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. 1 L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee3 benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements Insurance Requirements 00 72 01-2 FM 2444 Waterline Adjustments-Task Order 5&6..—Project No. 13109&E13110 11-25-2013 approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; C Insurance Requirements 00 72 01-3 FM 2444 Waterline Adjustments-Task Order 5&6:-Project No. 13109&E13110 11-25-2013 3 d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. I 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because I of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's Insurance Requirements 00 72 01-4 FM 2444 Waterline Adjustments-Task Order 5&6..---Project No. 13109&E13110 11-25-2013 C pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. j I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 1 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and Insurance Requirements 00 72 01-5 LI FM 2444 Waterline Adjustments-Task Order 5&6.7-Project No. 13109&E13110 11-25-2013 I equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement;flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. I 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. I 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01-6 FM 2444 Waterline Adjustments-Task Order 5&6_Project No. 13109&E13110 11-25-2013 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE L I Insurance Requirements 00 72 01-7 FM 2444 Waterline Adjustments-Task Order 5&6_Project No. 13109&E13110 11-25-2013 I A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. I 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and I documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. I 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 3 t I Insurance Requirements 00 72 01-8 FM 2444 Waterline Adjustments-Task Order 5&6.—Project No. 13109&E13110 11-25-2013 lri ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: Li. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. Insurance Requirements 00 72 01-9 FM 2444 Waterline Adjustments-Task Order 5&6_—Project No. 13109&E13110 11-25-2013 I G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll I amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within ! 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by 3 paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation3 coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading I Insurance Requirements 00 72 01-10 FM 2444 Waterline Adjustments-Task Order 5&6_—Project No. 13109&E13110 11-25-2013 information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION I L I I L L L I L L I I I I Insurance Requirements 00 72 01-11 FM 2444 Waterline Adjustments-Task Order 5&6_—Project No. 13109&E13110 11-25-2013 L PART A SPECIAL PROVISIONS 6 4 1: TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting ("M Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City 1: Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 PM on Wednesday, October 1, 2014. Proposals mailed should be addressed in the following manner: 110 City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for the delivery to the City Secretary's Office. Delivery of any proposal, by the Proposer, their agent/representative, U.S. Mail, or other delivery service, to the 1.1 City address or office other than the City Secretary's Office will be deemed non- responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A non-mandatory pre-bid meeting will be held on Wednesday, September 17, 2014 beginning at 10:30 a.m. The pre-bid meeting will convene at Engineering Services Main Conference Room, 3rd Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas , and will include a review of the project scope. All requests for interpretation shall be made in writing to the City or Engineer no later than 24 hours following pre-bid meeting. Inquiries made after this period will not be addressed. No additional or separate visitations will be conducted by the City. A Bid tabulation will be available to Bidders once it has been compiled by the Consultant and provided to the City Engineering Department. 1: A-2 Definitions and Abbreviations 1: Section B-1 of the General Provisions will govern. A-3 Description of Project TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110)consisting of removal of approximately 2, 600 LF of existing 16" PVC & 43 LF of existing 12" PVC waterlines and appurtenances on FM 2444 from Kitty Hawk Drive to Botanical Gardens; installation of approximately 2, 600 LF C: of new 16" waterline and appurtenances from Kitty Hawk Drive to Botanical Gardens, including a new 30"x113' directional drilled steel encasement crossing at Kitty Hawk Drive & water system reconnections, in accordance with the plans, specifications and contract documents. Section A-SP (Revised 9/18/00) IMPage 1 of 28 I I A-4 Method of Award I The bids will be evaluated based on the availability of funds and in the following priority order: 1. Total Base Bid The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. The City also reserves the right to negotiate additional quantities using unit prices provided in the Base Bid or Alternates. A-5 Items to be Submitted with Proposal11 The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Project Name as identified in the Proposal) TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable. ) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages 11 The working time for completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day Base Bid FM 2444 @ Kitty Hawk Dr. and 60 $600 East (Approx. 2600 ft. ) The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Any section of work not completed within the allotted contract time as shown in the breakdown above will be assessed liquidated damages as stated below. 11 For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, SIX HUNDRED DOLLARS ($600.00) per 11 calendar day, will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services11 (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. For the purpose of determining Liquidated Damages, the Contract Time will stop once Substantial Completion has been achieved by the Contractor. For the purpose of this contract, Substantial Completion is defined as the following: Section A-SP (Revised 9/18/00) Page 2 of 28 1: 1. All work items within the base bid, alternates, and approved change orders under this contract are completed and are serving their intended purpose. This includes the completion of the following: a. All lanes of traffic, intersections, driveways, sidewalks and ramps must be completed and open to the public and private ownerships including restorations of routes used for detour. Substantial completion includes all final surface course 1: treatments for the roadway, all manhole and valve cover adjustments, and all landscape related items. b. All onsite and offsite storm water improvements including restoration and erosion control. c. All underground utilities, appurtenances, and adjustments including water, wastewater, electrical conduit, and traffic signalization improvements (pedestrian signal heads & push buttons) . IN d. All permanent traffic controls including all striping, signage and signalization are installed and all temporary traffic controls are removed. 1: 2. Punch List items that do not affect the overall intended purpose of the project shall be excluded from the definition of Substantial Completion. When Contractor considers the entire Work ready for its intended use Contractor shall notify City in writing that the entire Work is substantially complete and request that the City issue a certificate of Substantial Completion. Promptly after Contractor's notification, City, Contractor and Engineer shall make an inspection of [i the Work to determine the status of substantial completion. If City does not consider the Work substantially complete, City will notify Contractor in writing giving the reasons and a detailed list of items that must be completed. The City shall not assess Liquidated Damages against the Contractor for any day after the Ing City issues the certificate of substantial completion. A-7 Workers Compensation Insurance Coverage 110 If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement 1: workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City 1: Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not 1: permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals Section A SP (Revised 9/18/00) Page 3 of 28 must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. 11 A-9 Acknowledgment of Addenda 11 The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) 1 Labor preference and wage rates for Heavy (TX130031) and Highway Construction (TX13OO40) . Refer to Part C - Federal Wage Rates and Requirements. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals. ) One and one-half (12) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working 11 Hours. ) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using TEXAS 811, the Lone Star Notification Company at 1-800-669-8344 . For the Contractor's convenience, the following telephone numbers are listed. 11 City Engineer 826-3500 Project Engineer RVE Inc. D. Scott Jones, P.E. 887-8851 Traffic Engineer 826-3540 City Street Div. for Traffic Signal/ 826-1946 Fiber Optic Locate 826-3547 Police Department 882-2600 Water Department 826-1881 (826-1888 after hours) al Section A-SP (Revised 9/18/00) Page 4 of 28 1: Wastewater Department 826-1800 (826-1818 after hours) 1: Gas Department 885-6900 (885-6913 after hours) Streets & Solid Waste Services 826-1940 Storm Water Department 826-1875 (826-3140 after hours) Parks & Recreation Department 826-3461 1: AEP 877/373-4858 SBC/AT&T 881-2511 (1-800-824-4424, after hours) Cablevision 857-5000 (857-5060 after hours) C: ACSI (Fiber Optic) 887-9200 (Pager 800-724-3624) KMC (Fiber Optic) 813-1124 (Pager 888-204-1679) ChoiceCom (Fiber Optic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512/935-0958 (Mobile) I: Brooks Fiber Optic (MAN) 972/753-4355 RTA 289-2712 Port of Corpus Christi Authority Eng. 289-2712 LCorpus Christi ISD 886-9005 TxDOT Area Office 886-9005 A-12 Maintenance of Services l: The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably Lio obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is L the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at ir his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service ist to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. 1: Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc. ) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other 1: liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. To by-pass the flow, connections to 1: the existing facilities shall be made over the ground surface by means of flexible and/or rigid pipes. The pipes used for bypassing this flow shall be strong enough to resist traffic impact loads, and the size of the pipe shall be capable of handling the incoming discharge but cause minimum impact to traffic flow and safety. 1: The construction of temporary gravity flow lines, forcemains, pumping equipment, plugs, flow diversion structures, etc. required to maintain and control system flows shall be the responsibility of the Contractor. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the 1: satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. I: Replacement of existing box culverts must be done in such that there is a closed conduit for stormwater flow at the end of each day. The Contractor shall pay attention to the weather forecast during this phase of construction and shall not undertake any removal of storm infrastructure if there is any potential for rain. L Section A-SP (Revised 9/18/00) Page 5 of 28 31 In the event an unexpected rain event occurs, the Contractor shall have a plan in place to seal the storm water system to prevent erosion of the subgrade beneath the existing and proposed box culverts. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All coots for traffic control arc considered subsidiary; thcrcforc, no dircct paymcnt will be madc to Contractor. All costs for traffic control plans, i.e. preparation of plans, approval and permit from City, and implementation of the plan on each site for the duration required will be included in the unit price listed in the proposal form. If the site needs any adjustments in the traffic control sign location, which may by required for safety of traffic and pedestrians, not additional payment for the implementation and enforcement shall be made to the Contractor. 11 A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be 11 filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that 11 detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. 11 All necessary removals including but not limited to pipe, driveways, sidewalks, etc. , arc to be considered subsidiary to the bid item for "Street Excavation"; thcrcforc, no direct paymcnt will be made to Contractor. 11 A-16 Disposal/Salvage of Materials I Section A-SP (Revised 9/18/00) Page 6 of 28 1: Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A 17 Ficld Office Thc Contractor must furnish thc City Enginccr or his representative with a field office at thc construction site. Thc field officc must contain at 1 ast 120 square feet of us able space. Thc field officc must bc air conditioned and h atcd and must bc furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. Thc Contractor shall move thc field officc on thc site as required by thc City Enginccr or his representative. Thc field officc must bc furnished with a telephone (with 24 hour per day answering service) and FAX machinc paid for by thc Contractor. Thcrc is no separate pay itcm for thc field officc. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items, and be in conformation with the "Sequence of Construction" listed below: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. [1. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. PROJECT SEQUENCE OF CONSTRUCTION (See Sheet 2 in Construction Plans) It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A-6 "Time of Completion/Liquidated Damages", as described in the General Notes of the Construction Plans, and as noted above. 1: B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of construction the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services, and street access with other Contractors. Section A-SP (Revised 9/18/00) Page 7 of 28 I D. Contractor shall coordinate and cooperate with the City for construction11 scheduling and traffic control modifications for special events that will occur during the period of the contract. E. The Contractor shall provide temporary access to residential driveways whenever safely possible. Access to any residential driveway must not be blocked for more than five (5) calendar days (the City Engineer must be notified five calendar days in advance of any driveway closure) . F. The Contractor must provide solid waste pickup services whenever access by the normal service is blocked by construction activities (the City Engineer must be notified five calendar days in advance of any solid waste pickup service area disruption) . G. Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 A.M. or continue after 6:30 P.M. without prior approval from the City Engineer. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the nearest location is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days 11 Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion 31 The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List) : (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections/notes-Engineering Services to coordinate As- Built plan preparation with A/E Consultant) . (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, O&M manuals (in electronic format as required) , SCADA documentation, and other Field Information are complete. 11 (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. (6) City Construction Engineer submits to Engineering Administrative Asst. , 11 the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" 11 (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project Section A-SP (Revised 9/18/00) Page 8 of 28 1 (d) If CDBC projcct, all fcdcral forms complctcd and cubmittcd 1: (8) Final Acceptance Memorandum prepared by Administrative Assistant. (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork. (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager. (11) Final Acceptance memo returned from Asst. City Manager. 1: (12) Authorization for payment (AFP) prepared and submitted to Accounting Department. (13) Contractor receives final payment after City Council (if required or Asst. City Manager accepts project. 1: (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum) . City acceptance of the project will be described in an Acceptance Memorandum to the C-0 Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. C: A-19 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. The major controls and bench marks required for setting up a project, if not shown 10 on the drawings, will be provided by the A/E Consultant. The contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established at no cost to the im Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor 1: shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and 1: proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. 1: The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party 1: independent Registered Professional Land Survey (R.P.L.S. ) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Strccts and Drivcc: Section A-SP (Revised 9/18/00) Page 9 of 28 I • All curb returns at point of tangency/point of circumference; • Curb and gutter flow line both sides of street on a 200' interval; 11 • Strcct crowns on a 200' interval and at all intersections. Wastewater: • All rim/invert elevations at manholes and grinder station; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . 11 Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits) . Stormwatcr: • All rim/invert elevations at manholes; See Special Provisions A-45 "As-Built Dimensions and Drawings" for additional I requirements. A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. i Al 21 Projcct Sign3 The Contractor must furnish and install two (2) 4x8 MDO Plywood Project Signs (to be11 provided by the City) as indicated on Attachment No. 1 Drawing. The signs must be period by the Contractor. The location of the signs will 1e determined in the field by the City Engineer. A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated 11 herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. 11 b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, Section A-SP (Revised 9/18/00) Page 10 of 28 L labor, services, supplies, equipment, materials or any combination of the 1: foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. 1: (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) . 2. Controlled Iv The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract im payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more 1: persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated 1: MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25. 0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Section A-SP (Revised 9/18/00) Page 11 of 28 I Enterprises expressed in percentage terms for the Contractor's aggregate 11 work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 11 45% 15% b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4 . Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. I A 23 Inspection Required (Revised 7/5/00) (NOT USED) The Contractor ahall assure thc appropriate building inspections by thc Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after thc building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. must pay all fees and charges levied by the City's Building I spection Department, required by City. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company 11 shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount11 of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the Section A-SP (Revised 9/18/00) Page 12 of 28 1: State Board of Insurance as of the date of the last annual statutory 111 financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100, 000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. " 1: A 25 Sales Tax Excmption (NOT USED) Scction B 6 22, Tax Excmption Provision, is deleted in its entirety and the following substituted in lieu thereof. Contracts for improvements to real property awarded by the City of Corpus Christi do not qualify for exemptions of Sales, Excise, and Use Taxes unless the Contractor 1: elects to operatc under a separated contract as defined by Section 3.291 of Chapter 3, Tax Administration of Title 34, Public Finance of the Texas Administrative Code, or such other rules or regulations as may be promulgated by the Comptroller of Public Accounts of Texas. If the Contractor elects to operatc under a separated contract, he shall: 1. Obtain the necessary sales tax permits from the State Comptroller. 2. Identify in the appropriate space on the "Statement of Materials and Other Charges" in the proposal form the cost of materials physically incorporated Ir into the Project. 3. Provide resale certificates to suppliers. 4. Provide the City with copies of material invoices to substantiate the proposal value of materials. If the Contractor docs not elect to operatc under a separated contract, he must pay for all Sales, Excise, and Use Taxes applicable to this Project. Subcontractors arc eligible for sales tax exemptions if the subcontractor also complies with the above requirements. The Contractor must issue a resale certificate to the subcontractor and the subcontractor, in turn, issues a resale certificate to his supplier. A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: 1: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 Section A-SP (Revised 9/18/00) Page 13 of 28 I 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B- 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and 11 them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person 11 indemnified hereunder. A 27 Rc3pon3ibility for Damagc Claims (NOT USED) amended to include: Contractor must provide buildcr'3 risk in3urancc covcrage for thc term of thc Contract up to and including the date the City finally accepts the Project or work. Builder's risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the Section A-SP (Revised 9/18/00) Page 14 of 28 1: claimant, the amount of the claim, the basis for the claim, and an explanation 1: why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (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. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1: 1. The superintendent must have at least five (5) years of recent experience in the day-to-day field management and oversight of projects of a similar size 1: and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, structural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. The foreman must have at least five (5) years of recent experience in oversight of projects of a similar size and complexity and management of the work of various subcontractors and crafts. If the scope of the Project is such that a fe foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. (Foreman cannot act as a superintendent without prior approval of the City) . 111 Documentation concerning these matters will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such 1-1 superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements 1: Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; I Section A-SP (Revised 9/18/00) irm Page 15 of 28 I 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4 . A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the I/ guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7- 13; 7. A preliminary progress schedule indicating relationships between the major 11 components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e. , Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. 11. RTI\ Contracting Rcquircmcnts Part R. The contractor shall comply with Rcgional Transportation Authority (RTA) contracting rcquircmcntc for limitcd -- _- _ ' A Bus Pad and Shcltcr -d ac found in the Basc Bid. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B- 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: I Section A-SP (Revised 9/18/00) Page 16 of 28 Contractor acknowledges that the City has no obligation to pay for any extra 1: work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25, 000.00. 1: The Contractor acknowledges that any change orders in an amount in excess of $25, 000.00 must also be approved by the City Council. A-32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the C: completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project; second precedence will be given to the Special Provisions; third precedence will be given to the construction plans; fourth precedence will be given to the Bid Proposal; fifth precedence will be given to the Standard & Technical Specifications; and the General Provisions will be given last precedence. ,. A 35 City Water Facilitic3: Special Rcquiremcnta (NOT USED) Ti. Visitor/Contractor Oricntation is ' , _ - - . - , valid cardccrtifying their prior attendance at a Visitor/Contractor Pcroonncl. A Visitor/Contractor Safcty Oricntation Program will be _ 1: who do not have ouch a ard, and who dcoirc to perform any work within any City water facility. For additional information rcfcr to Attachment 1, B. Opczation of City Owned Equipment The Contractor shall not start, operate, or atop any pump, motor, valve, 1: - -- - , -_ - =1, or any other item related to City water facility at any time. All ouch itcmo mu3t be operated by an operator or othcr authorizcd maintcnancc cmploycc of the City Watcr Department. 1: Section A-SP (Revised 9/18/00) Page 17 of 28 I C. Protection of Watcr Quality The City must deliver water of drinking quality to its customers at all times. The Contractor shall protect the quality of the water in thc job protect thc quality of the water. D. Conformity with ANSI/NSF Standard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of pumps, or any other items, which could come into contact with potable water, must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials include all solvents, cicancra, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. The3c items must not11 be used unless they conform with ANSI/NSF Standard 61 and unless Such - - prior to use. The Contractor Shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water. E. Handling and Disposal of Trash • subcontractors, must be contained at all times at the water facility site. Blowing trash will not be allowed. The Contractor shall keep work ar as clean at all times and remove all trash daily. 1 CONTRACTOR'S ON SITE PREPARATION F. Contractor's personncl must wear colored uniform overalls other than orange, blue, or white. Each employee uniform must provide company name C. Contractor shall provide telephones for Contractor personnel. Plant I H. Working hours will be 7:00 A.M. to 5:00 P.M. , Monday thru Friday. I. Contractor must not use any City facility restrooms. Contractor must provide own sanitary facilities. J. All Contractor vehicles must be parked at designated site, as designated by City Water Dcpartmcnt staff. All Contractor vehicles must be clearly labeled with company name. No private employee vehicles arc allowed at O. N. Stevens Water Treatment Plant. All personncl must be in company vehicles. During working hours, contractor employees must not 1 ave the ander through any buildings other thaft for required work or as directed by City Water Dcpartmcnt personncl during emergency evacuation. K. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION) - _- _ -.. _- 11 • z . _-- --- ical and supervisory personncl, as determined by meeting the qualifi ations 1 thru 9 below. This work Section A-SP (Revised 9/18/00) Page 18 of 28 includes, but is not limited to, modifications, additions, changes, selections, furnishing, installing, connecting, programming, customizing, debugging, olibrating, or placing in operation all hardware and/or software specified or required by these specifications. 1: The Contractor or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: 1. He is regularly engaged in the computer based monitoring and I; control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparable size, type, and 1: complexity as required in this Contract on at 1 ast three prior projects. 3. He has been actively engaged in the type of work specified hcrcin for at least 5 y ars. 4. He employs a Registered Professional Engineer, a Control Systems Engineer, or an Electrical Engineer to supervise or perform the work required by this specifications. 5. He employs personnel on this Project who have successfully completed a manufacturer's training course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract. 6. He maintains a permanent, fully staffed and equipped service C: facility within 400 miles of the Project site to maintain, repair, calibrate, and program the systems specified hcrcin. 7. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent. Where this is not practical, all equipment of a given type will be the product of one manufacturer. $. Prior performance at the 0. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work for this Project. 9. The Contractor shall produce all filled out programming blocks required to show the programming as needed and required, to add Is an example of the required programming blocks which the City requires to be filled in and given to the City Engineer with all changes made during the programming phase. The attached sheet is an example and is not intended to show all of the required sheets. The Contractor will provide all programming blocks used. L. Trenching Requirements 1: All trenching for this project at the 0. N. Stevens Water Treatment Plant number of existing underground obstructions. No trenching machines shall be allowed on the project. A-36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall 1: also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially Section A-SP (Revised 9/18/00) Page 19 of 28 number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number (s) , and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent I/ construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j . Distribution: Contractor must distribute copies of reviewed submittals to 11 subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report 11 When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Furnished by the City" J Under "General Provisions and Requirements for Municipal Construction Contracts", B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at 11 the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction. " A-38 Worker's Compensation Coverage for Building or Construction Projects for 11 Government Entities 1 Section A-SP (Revised 9/18/00) Page 20 of 28 The requirements of "Notice to Contractors '3" are incorporated by reference in 1: this Special Provision. A 39 Ccrtificatc of Occupancy and Final Acccptancc (NOT USED) 1: The issuance of a ccrtifi ate of occupancy for improvements does not constitute final acceptance of the improvements under Ccncral Provision B 8 9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B- 8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A 41 Ozone Advisory Priming and hot mix paving operations must not be conductcd on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. ir A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B- 6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. 1: The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. 1: A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order 1: (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc. ) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. I Section A-SP (Revised 9/18/00) Page 21 of 28 I I A-45 As-Built Dimensions and Drawings (7/5/00) (a) The Contractor shall employ the services of a Texas Registered Public Land Surveyor (RPLS) throughout the construction period to survey the as- built horizontal and vertical locations of all valves, fittings, hydrants, road/ditch crossings, etc. installed during the construction period. At the completion of the construction but prior to final payment the Contractor shall provide the Engineer with RPLS sealed drawings and I/ an electronic survey point file of the as-built construction. The horizontal and vertical datum used for the survey shall be the same as the Project datum. The horizontal and vertical locations of all below grade construction must be surveyed and recorded prior to trench backfill. Payment for this work shall be considered subsidiary to other bid items. (b) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (c) Upon completion of each facility, the Contractor shall furnish the City with one set of project drawings and specifications, marked with red pencil, showing all deviations from the original plans, including any substitutions for the materials originally specified. Any deviations from the original plans or substitutions for the materials specified require prior approval from the_ Engineer. A-46 Disposal of Highly Chlorinated Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory1/ agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary 11 sewer system for disposal of contaminated water. A-47 Pre-Construction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Contractor shall perform no construction work on the project until all exploratory excavations have been made in their entirety, the results thereof reported to the Section A-SP (Revised 9/18/00) Page 22 of 28 1; Engineer and until Contractor receives Engineer's approval of report. 1: Exploratory excavations shall be considered subsidiary to the utility cost unless a bid item is provided in the proposal. Any pavement repair associated with 1: exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc. , to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It ill shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B- 8-11 Maintenance Guaranty, add the following: fir "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of t, action against the Contractor or any other individual or entity. " A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", B- 7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a late date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. A-51 Dewatering/Well Pointing jThis item is considered subsidiary to the appropriate bid items or shall be mca3urcd o _ -- o ____ ,_ _ ,__ - -- o • ' where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or Section A-SP (Revised 9/18/00) Page 23 of 28 11 groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing stormII water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Bay. Testing of groundwater quality is to be performed by the City, at the City' s cost, prior to commencing discharge and II shall be retested by the City, at the City' s expense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to sanitary sewer or I/ wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. II Prior to pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Mark Shell 857-1817 to obtain a "no cost" permit from the Wastewater Dept. City will pay for any water quality testing or water analysis costII required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long itII takes to fill to original level and overnight level. In any event, the Contractor shall be required to take whatever steps necessary to provide a stable trench bottom for the installation of any structure or pipe. 11 Z 52 Elcctronic Submittal of Bid3 (NOT USED) Thc following paragraph modifies Section B 2 7 "Prc.aration of Pro.osal", of thc II Part B General Provisions and Requirements for Municipal Construction Contracts. Thc bidder has thc option of submitting a computer gcncratcd print out, in lieu of11 the Proposal Form (Pages 1 through 16, inclusive) . The print out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form ( ages 3 through 13, inclusive) . The print out shall be substantially in the form attached on the following page to these Special Conditions (Attachment No.2) . /I If the bidder chooses to submit a print out, the print out shall be accompanied by properly completed Proposal Form pages 1, 2, 14, 15, and 16. In addition, the print out p posal shall contain the following statement and II signature, aftcr the last bid item: " (Bidder) herewith certifies that the unit prices shown on this print out for bid items (including any additive or deductive alternates) contained on the ProposalII Form arc the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) II (Title) (Date) A-53 Video Documentation (NOT USED) II As part of the project requirements, the Contractor shall perform televised stormwatcr linos for evaluation after newly installed lines or rehabilitation II Section A-SP (Revised 9/18/00) Page 24 of 28 1: work/construction contract is complete. All inspections shall bc recorded in color, adequately lighted, on Digital Vidco Disk (DVD) . Thc specific findings and obscrvations made during thc video rccording shall bc documented on thc DVD by audio narration ticd to thc continuous footagc documentation portraycd on thc scrccn. 1: Specific rcquircmcnts for thc on scrccn labcling during each line segment inspection set up, vidco filc labcling, and hard copy Inspection Rcport format arc addressed in Technical Specification Scction 027610 T. Video documentation Shall be performed following backfill of improvements and prior to Start of all Street construction. Thc original and one copy of ach inspection video shall be forwarded to the Engineer for his and the City Wastewater Department concurrent review for approval, as ach ins.ection video is com.lctcd. If the quality of the DVD' s docs not meet with the Dnginccr' s/City' s approval, the Contractor shall repeat the video documenting process, at no increase in contract price, until the video is oeccptablc. Approved DVD' s will not be returned to the Contractor. The Contractor shall also make and retain one direct copy of the original DVD recording of the results of the inspection. At the time of contract final construction/rehabilitation DVD's in an organized manner, properly labeled, and in a suitable three ring binder, the cost of which is to be included in the applicable bid item in the proposal. The work and materials will be considered subsidiary to other items in the proposal. EANo separate payments will be made for the televising unless specifically listed in the bid proposal. A-54 Trench Safety If the Contractor' s proposed construction methods require the excavation of any trenches, access pits, or other below ground operations, such work shall be in compliance with all federal, state, and local requirements for trench excavation and safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety" as shown in the proposal form. is A 55 Confined Space Entry Requirements (NOT USED) Contractor will be required to comply nith all OSHA rcgul-"ziens ^nom guidelines as pertaining to identification and claaaification of confined Spaces, and associated rcquirc,aenta for entry into these are-is in 1.'ling ^pli^n wi.Q1 AcHA R gulation • _ ,�..� ,�t.� confined 3pace3 Shall be properly trained aid - . Al- -my ti- , -13^n demand, the Contractor Shall supply the Engineer with this certification information of any/all personnel ..ho arc doing confin A 3p-► ntry work. A-56 Pavement Restoration and Project Clean Up It is the intent of the plans and specifications that any and all areas within the limits of ht proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to Construction. Where asphaltic pavements are excavated or damaged, the replacement pavement shall as a minimum conform to the pavements restoration detail shown on the plans (refer to "Trench Backfill and Pavement Repair" details for all pavement restoration) . If the excavated or damaged pavement section exceeds these requirements, they shall be replaced with the same types and thicknesses of materials as the existing pavement. Where concrete pavements, sidewalks, curbs, etc. are excavated or damaged, the replacement shall as a minimum conform with the City standard details and standard specifications which are included as part of this Contract. If the excavated or damaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure (s) . Restoration of all improvements as described L. Section A-SP (Revised 9/18/00) Page 25 of 28 t. I above shall be made within 5 working days of the completion of the work, and shall be in accordance with applicable City Standard Specifications, as determined by the II Engineer. All lawns or other grassed areas, concrete or asphalt driveway, landscaping, or other vegetation areas disturbed by construction operations for the items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. 11 The Contractor may be required to perform "clean ups" of the entire project or sections of the project during the course of construction, as directed by the Engineer. Upon completion of construction, the Contractor shall perform a final I/ clean up of the entire project, again as directed by the Engineer. All project clean up shall be considered subsidiary to the various bid items. Asphalt and Concrete restoration shall be included in the amount bid item as shown in the proposal. II A-57 Re-routing of Traffic During Construction The Traffic Control Plan for the work is included in the drawings for typical II applications. Should the Contractor desire to deviate from the plan, it is the responsibility of the Contractor to provide a Traffic Control Plan (sealed by a registered Engineer in the State of Texas) to the City Traffic Engineer forII approval. The plans should be submitted for approval two weeks in advance prior to its implementation. The Traffic Control Plan submittals should be on the Standard 22"x34" plan sheets and should be readable, legible, clean, proportionate, and if possible to scale; and shall meet the City of Corpus Christi' s "Uniform Barricading11 Standards and Practices" for City roads, and the requirements of the Texas Department of Transportation (TxDOT) for roads under the jurisdiction of TxDOT. Any additional costs incurred due to preparation of a revised Traffic Control Plan shall be the Contractors responsibility. No additional payments will be made. The II Contractor shall secure the necessary permit from the City' s Traffic Department. Any costs associated with the implementation of the traffic control plan shall be included in the bid item as shown in the proposal. Additional information regarding approved traffic control devices and signing is available on TxDOT' s website II (http: //www.txcot.gov/publictoins/traffic.htm) . A-58 Restoration of Private Property I The Contractor shall confine his work to the public ROW as shown on the plans; however the possibility exists that repairs/construction activity may occur within private property. The Contractor shall restore any disturbed area to a condition 11 equal to, or better than, existed prior to his construction. Restoration may included, but is not limited to: 1. Re-Sodding existing lawns II 2. Removing and replacing fences 3. Pruning damages trees or shrubs I In the event that a property owner has some type of structure (i.e. storage shed, playground equipment, etc. ) within the required work area, the Contractor shall il coordinate with the property owner and a City representative for the removal or relocation of these items. A-59 Access to Private Property I As previously stated, it may be necessary for the Contractor to access Private Property for some of the work. In most cases, the private property is single-family residential lots that are developed. The Contractor shall coordinate all accessII with the property owner and will work closely with the owner and a City representative for all construction operations. II Section A-SP (Revised 9/18/00) Page 26 of 28 1: The Contractor shall be required to video record the conditions that exist on the 1: property with a City representative present, prior to performing any construction operations. If, in the course of work, it is necessary to temporarily remove any fences, the Contractor shall provide temporary fencing sot that the property owner's property is 1: secure at all times. A 60 Pipe Trcnch Bedding and Backfill The Wastewater Standard Details indi ate * (asterisks) for projcct specific rcquiremcnts. For this projcct thc rcquiremcnts arc as follows: IR 1. Bottom of Trcnch Above Croundwatcr Table a. Bedding Dcpth Over 10' Crushed Stone. Dcpth Undcr 10' Sand b. Backfill Paved Areas Ccmcnt Stabilized Sand Unpaved Ar as Cl an Excavated Material 2. Bottom of Trench Below Groundwater Table ,a. Bedding All Depths Crushed Stonc on Stabilized Bottom b. Backfill Samc As Above Detail ShCCts _ o-- o- A 61 Stormwatcr Pollution Prevention Duc to the typo and lo ation of this project, stormwater pollution prevention is ir streets and private property. Strict compliance to all stormwater poleft management practices provided in thc construction drawings; and this plan shall be lars.- - - review and approval. The contractor will also be responsible for sit 1: beginning on the project. All costs associated with meeting stormwatcr pollution prevention requirements shall if during the course of the project other minor stormwatcr pollution prevention 1: s- ss , --- -- Contractor shall implement these duration. A-62 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Monthly payment will be withheld if this provision is not followed. 1: A-63 Noise Control and Working Hour Restrictions The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the lease amount of noise consistent with efficient performances of the Work. Decibel levels are not C: Section A-SP (Revised 9/18/00) la Page 27 of 28 11 to exceed one hundred (100) decibels. Any work which creates a noise level above the ambient sound levels shall not commence before 7:00 A.M. or continue after 6:30 P.M. on weekdays, and shall not commence before 8:00 A.M. or continue after 5:00 P.M. on Saturday without prior approval from the Engineer. 11 A-64 Other Accessibility Requirements The Contractor shall provide assistance and is required to ensure that disruption of I/ community services to residents (i.e. US Postal Service, RTA Care B, Meals on Wheels, Emergency Services, etc. ) does not occur during construction. Requisite assistance and/or coordination during construction is considered subsidiary to the work. I A-65 Maintenance and Control of Wastewater Flows The Contractor shall be responsible for maintaining sewage flows at all times within the existing sanitary sewer system and shall not restrict access to residences or businesses. It shall be the Contractor' s responsibility to coordinate with the City Wastewater Division regarding any modifications to the existing system flow patterns, such as rerouting flows, or operation of any permanent or temporary lift station(s) . This shall be applicable even in case of cave-ins. Any such system modifications will be subject to approval by the Engineer and the City Wastewater Division and shall not interfere with the proper operation and function of the wastewater collection system and shall not restrict access to residences or businesses. The Contractor shall be responsible for coordinating the review of any system modifications sufficiently in advance of proposed construction operations so as to avoid any delays in same. Sewage or other liquid shall not be pumped, bailed or flumed over the street on ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes. The pipe used for bypassing 11 this flow shall be strong enough to resist the traffic load, if any, and the size of the pipe shall be capable of handling the incoming discharge but small enough to not create hindrance to the traffic flow or create any blockage or accident. The construction of temporary gravity flow lines, force main lines, pumping equipment, plugs, flow diversion structures, etc. , required to maintain and control system flows shall be the responsibility of the Contractor and shall be considered subsidiary to the various bid items in the contract and shall not be measured for payment. The Contractor shall be responsible for providing access to the private properties and streets and maintain a smooth traffic flow during the entire construction phase of this project. A-66 Rcgional Transportation Authority (RTA) Contract Documents A14-RTA Contract Documents (as listed in PART R) shall be executed and submitted to 11 thc City, prior to award of Contract. The RTA Contract Documents shall apply only :Standards shall take precedence, for thc remainder of the project elements included on this Contract. A-67 Coordination with AEP, AT&T, and Other Utility Companies During the course of constructing the Project, the Contractor will need to contact and coordinate with AEP, AT&T and other utility companies to facilitate the relocation or adjustment of their utilities as required to construct the proposed Project improvements. This coordination effort will not be measured for payment, 11 but shall be considered subsidiary to the appropriate bid items. I Section A-SP (Revised 9/18/00) Page 28 of 28 r AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of JANUARY,2015 by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Berry Contracting,L.P.dba Bay,Ltd. termed in the Contract Documents as"Contractor," upon these terms,performable in Nueces County, Texas: In consideration of the payment of$783.023.00 dollars by City and other obligations of City as set out herein,Contractor will construct and complete certain improvements described as follows: TxDOT PARTICIPATION PROJECTS—FM 2444 WATERLINE ADJUSTMENTS— TASK ORDER NO.5 &6 PROJECT NO.E13109,E13110 TOTAL BASE BID: $783,023.00 according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services,labor and insurance as required by the attached Contract Documents,including overseeing the entire job. The Contract Documents include this Agreement,the bid proposal and instructions, plans and specifications,including all maps,plats,blueprints,and other drawings,the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi,Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within the number of calendar days as shown in the following table: Agreement Page 1 of 2 t The working time per completion of the Project will be broken down as follows: Description Project Limits Calendar Days Liquidated Damages/Day Base Bid FM 2444 @ Kitty Hawk Dr.and East 60 $600 (Approx.2600 Ft.) Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: CI OF CI ' t 1 CHRISTI T7.}2__Locc.4. /14,..,e,.4---a,, li B : ••� City Secretary JI I oemaker, `.E. Acting Director of Capital Programs AP ROVED AS TO LEGAL FORM: 43,,,..„A., 01,1.AU I tiUKiL . Z 'V COUNCIL._„�.. ity Attorney KM CONTRACTOR SECRETAR ATTEST:(If Corporation) Berry Contracting,L.P.dba Bay,Ltd. B37..--- zj_t (Seal Below) (Note: If person signing for Title: ----�•\ •..• 4�-�,n� }� g r. corporation is not President, attach copy of authorization P.O.Box 9908 to sign.) (Address) Corpus Christi,TX 78469 (City) (State)(Zip) 361/299-3721 (Telephone Number) Jlentz@bavltd.com (Revised August 2000) Agreement Page 2 of 2 PROPOSAL FORM FOR TxDOT PARTICIPATION PROJECTS - FM 2444 WATERLINE ADJUSTMENTS - TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,TEXAS Proposal Form Page 1 of 9 PROPOSAL Place: CORPUS CHRISTI, TEXAS Date: 10/1/14 Proposal of BERRY CONTRACTING L.P. DBA BAY LTD . a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as PARTNERSHIP BAY LTD TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials,tools, and necessary equipment, and to perform the work required for: TxDOT PARTICIPATION PROJECTS—FM 2444 WATERLINE ADJUSTMENTS— TASK ORDER NO. 5 & 6 (PROJECT NO. E13109, E13110) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Proposal Form Page 2 of 9 I II III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL BASE BID PART A—WATERLINE ADJUSTMENTS(TxDOT COMPENSABLE) Al 1 Mobilization and De-Mobilization, complete and LS in place per Lump Sum. $50,000.00 $50,000.00 A2 LS Bonds, complete and in place per Lump Sum. $15,000.00 $15,000.00 A3 1 Traffic Control, complete and in place per Lump $30,000.00 $30,000.00 LS Sum. A4 2577 Remove Existing 16" Waterline (Incl. All Bends & $22.00 LF Fittings),complete and in place per Linear Foot. $56,694.00 A5 1 Remove 16" Water Valve, complete and in place $1,000.00 EA per Each. $1,000.00 A6 43 Remove Existing 12" Waterline (Incl. All Bends & $31.00 $1,333.00 LF Fittings),complete and in place per Linear Foot. A7 1 Remove 12" Water Valve, complete and in place $3,900.00 $3,900.00 EA per Each. , A8 22 Remove Existing 8" Waterline (Incl. All Bends & $15.00 $330.00 LF Fittings), complete and in place per Linear Foot. A9 1 Remove 8" Water Valve, complete and in place $290.00 $290.00 EA per Each. A10 43 Remove Existing Water Service Line(Incl. Casing, $51.00 $2,193.00 LF If Present),complete and in place per Linear Foot. A11 1 Remove Existing Water Meter Box, complete and $100.00 $100.00 EA in place per Each. A 12 1 Remove and Salvage Existing Fire Hydrant $740.00 $740.00 EA Assembly,complete and in place per Each. 2464 16" C905 PVC Waterline (Incl. Vertical & A13LF Horizontal Bends <90 Deg), complete and in place $92.00 $226,688.00 per Linear Foot. 16" D.I. Pipe (Class 350) (Incl. Vertical and A14 LF Horizontal Bends <90 Deg), complete and in place $140.00 $27,860.00 per Linear Foot. A15 8 16"Gate Valve and Box, complete and in place per $10,100.00 $80,800.00 EA Each. Proposal Form Page 3 of 9 I II III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL PART A-WATER ADJUSTMENTS(TxDOT COMPENSABLE)(CONT.) A16 EA 16"Tee, complete and in place per Each. $2,500.00 $7,500.00 A17 EA 16"90 Deg bend, complete and in place per Each. $1,800.00 $1,800.00 A18 EA 16"Plug, complete and in place per Each. $1,100.00 $1,100.00 A19 EA 16"x12"Tee,complete and in place per Each. $3,200.00 $3,200.00 A20 EA 16"x8"Reducer, complete and in place per Each. $1,000.00 $1,000.00 A21 EA 16"x12"Reducer, complete and in place per Each. $2,200.00 $2,200.00 A22 1 16"x2" Tapping Saddle, complete and in place per $1,900.00 $1,900.00 EA Each. A23 1 Connect to Existing 16" Waterline, complete and $4,000.00 $4,000.00 EA in place per Each. A24 1 Connect to Existing 16" Gate Valve, complete and $2,300.00 $2,300.00 EA in place per Each. 12" D.I. Pipe (Class 350) (Incl. Vertical and A25 46 Horizontal Bends <90 Deg), complete and in place $260.00 $11,960.00 per Linear Foot. A26 2 12"Gate Valve and Box, complete and in place per $2,700.00 EA Each. $5,400.00 A27 EA 12"90 Deg bend, complete and in place per Each. $2,500.00 $2,500.00 A28 1 Connect to Existing 12" Waterline, complete and $4,100.00 $4,100.00 EA in place per Each. A29 1 Connect to Existing 12" Waterline (Cut-In new $3,500.00 $3,500.00 EA 12"Tee), complete and in place per Each. 8" C900 PVC Pipe (Incl. Vertical and Horizontal A30 14 Bends <90 Deg), complete and in place per Linear $81.00 $1,134.00 Foot. A31 1 8" Gate Valve And Box, complete and in place per $1,800.00 $1,800.00 EA Each. A32 EA 8"90 Deg Bend,complete and in place per Each. $720.00 $1,440.00 Proposal Form Page 4 of 9 I II III IV V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL PART A-WATER ADJUSTMENTS(TxDOT COMPENSABLE)(CONT.) A33 1 Reconnect Existing 8" Waterline, complete and in EA place per Each. $1,100.00 $1,100.00 A34 19 2" HDPE Water Service Line, complete and in $62.00 $1,178.00 LF place per Linear Foot. A35 EA Water Meter Box, complete and in place per Each. $410.00 $410.00 Fire Hydrant Assembly (Incl. 8"x6" Tee, 6" A36 EA GV&B and 6" D.I. Lead), complete and in place $4,500.00 $4,500.00 per Each. A37 4 Fire Hydrant Assembly (Incl. 16"x6" TS&V and $6,200.00 $24,800.00 EA 6"D.I. Lead), complete and in place per Each. A38 31 Full Depth Pavement Repair, complete and in SY place per Square Yard. $330.00 $10,230.00 A39 2610 Pipe Trench Safety, complete and in place per $2.80 $7,308.00 LF Linear Foot. A40 1 Grout Fill Exist. 30" Steel Casing, complete and in $6,200.00 EA place per Each. $6,200.00 30" Steel Encasement Pipe (Directional Drilled, A41 LF Incl. Grout End Seal), complete and in place per $940.00 $106,220.00 Linear Foot. A42 1 Unanticipated Utility Allowance (Mandatory), $ 20,000.00 $ 20,000.00 LS complete and in place per Lump Sum. SUBTOTAL PART A—WATERLINE ADJUSTMENTS (TxDOT COMPENSABLE) (Items Al thru A42) $735,708.00 PART B—WATERLINE ADJUSTMENTS(TxDOT NON-COMPENSABLE) B1 999 Remove Exist. 12" Waterline (Incl. All Bends & $25.00 $24,975.00 LF Fittings), complete and in place per Linear Foot. 318 Remove Exist. 2" Waterline (Incl. All Bends & B2 LF Fittings),complete and in place per Linear Foot. $11.00 $3,498.00 B3 1 Remove Exist. Meter Box, complete and in place $260.00 $260.00 EA per Each. B4 1 Cut-And-Cap Exist. 12" Waterline, complete and EA in place per Each. $1,800.00 $1,800.00 B5 1 16"x2" Tapping Saddle, complete and in place per EA Each. $3,300.00 $3,300.00 B6 1 Cut-In 12" Gate Valve & Box, complete and in $4,300.00 $4,300.00 EA place per Each. Proposal Form Page 5 of 9 I II III V QTY& ITEM UNIT DESCRIPTION UNIT PRICE TOTAL PART B-WATER ADJUSTMENTS (TxDOT NON-COMPENSABLE) (CONT.) B7 EA 12" Plug, complete and in place per Each. $1,600.00 $1,600.00 B8EA 2" Plug, complete and in place per Each. $470.00 $470.00 B9 1 Water Meter Box, complete and inplaceEach. $600.00 EAper $600.00 B 10 24 2" HDPE Water Service Line, complete and in $63.00 LF place per Linear Foot. $1,512.00 BI1 1 Unanticipated Utility Allowance (Mandatory), $ 5,000.00 $ 5,000.00 LS complete and in place per Lump Sum. SUBTOTAL PART B-WATER ADJUSTMENTS(TxDOT NON-COMPENSABLE) $47,315.00 (Items B1 thru B11) TOTAL BASE BID (Parts A thru B—Items Al thru Bll) $783,023.00 BASE BID SUMMARY SUBTOTAL PART A—WATERLINE ADJUSTMENTS (TxDOT COMPENSABLE) (Items Al thru A42) $735,708.00 SUBTOTAL PART B—WATERLINE ADJUSTMENTS $47,315.00 (TxDOT NON-COMPENSABLE) (Items Bl thru B11) TOTAL BASE BID(PARTS A thru B—Items Al thru Bll) $783,023.00 Proposal Form Page 6 of 9 The undersigned hereby declares that he has visited the site and has carefully examined the = plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but Ci of are mere estimates for the guidance of the Contractor. Corpus Christi Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart(original signed) sets. Time of Completion: The undersigned agrees to complete the work within 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectfully submitted: N. .oe: JON LENTZ- BAY LTD 1 (i By` �'• C 541- .Y. so Ttl r. (SEAL -IF BIDDER IS , URE) a Corporation) Address: 9908 (P.O. Box) (Street) CORPUS CHRISTI, TX 78469 (City) (State) (Zip) Telephone: 361-299-3721 NOTE: Do not detach bid from other papers. (Revised August 2000) Fill in with ink and submit complete with attached papers. Proposal Form Page 7 of 9 lig) SUPPLIER NUMBER = TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus CITY OF CORPUS CHRISTI Chnsti 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: BAY LTD P.O.BOX: 9 9 0 8 STREET ADDRESS: CORN PRODUCTS RD CITY: CORPUS CHRI STIZIP: 7 8 4 6 9 FIRM IS: 1. Corporation 2. Partnership 2c 3. Sole Owner ❑ 4. Association _ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name N/A Consultant Proposal Form Page 8 of 9 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: JON LENTZ Title: ESTIMATING MANAGER (Type or Prin Signature of Certifying Person: Date: 10/1/14 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 or the purpose of professional consultation and recommendation. Proposal Form Page 9 of 9 L 00 6113 PERFORMANCE BOND BOND NO. 929592830 Contractor as Principal Surety CONTINENTAL CASUALTY COMPANY Name: Berry Contracting, LP dba Bay, Ltd Name: Mailing address(principal place of business): Mailing address(principal place of business): P.O. Box 9908 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78469 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone(main number): 713-513-6301 #E13109&E13110 TxDOT Participation Protects FM 2444 Waterline Adiustments Task Order No.5 Telephone(for notice of claim): &6 SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Award Date of the Contract: January 20,2015 Address: 500 N. SHORELINE BLVD, STE 1200 Contract Price: $783,023.00 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: mmoore@s-gins.com Date of Bond: FEBRUARY 4, 2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800 252-3439 Performance Bond 00 61 13-1 #E13109&#E13110 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: (--...,4_ Signature: l�� ��1,y)77 Zi' Name: 7.0r+ L .n,,-t 2. Name: MAR LEN MOORE Title: t 5,-. ver.o,a,. n� M gt . Title: ATTY IN FACT Email Address: L 4,n.\.yior? 10 1 LS A. Gp,v. Email Address: mmoore@s—gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 #E13109&#E13110 7-8-2014 00 61 16 PAYMENT BOND BOND NO. 929592830 Contractor as Principal Surety Name: Berry Contracting,LP dba Bay,Ltd Name: CONTINENTAL CASUALTY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 9908 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78469 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas SAME Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 713-513-6301 #E13109&E13110 TxDOT Participation Projects FM 2444 Waterline Adjustments Task Order No.5 &6 Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LL2. Award Date of the Contract: January 20,2015 Address:500 N. SHORELINE BLVD. , STE 120D Contract Price: 783,023.00 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Bond Email Address: mmoore@s—gins.corn Date of Bond: FEBRUARY 4, 2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept.of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 #E13109&#E13110 7-8-2014 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contract as Principal Surety Signature: r. SignatureeeName: or- L J , z Name: MAR LEN MOORE Title: SA-;,,,,-• aa,; r1,0 9 r. Title: ATT IN FACT Email Address: L.e L1 . �-aM Email Address: mmoore@s-gins.corn (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 #E13109&#E13110 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mary Ellen Moore,Steve Addkison,Tami J Duncan,Cathleen Hayles, Danielle Harris, Kerry Mc Intosh,Individually of Corpus Christi,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 24th day of April,2014. 0,G tr atstul sr a. Continental Casualty Company 4r" National Fire Insurance Company of Hartford it € `�1 locarotto a American Cas lty Company of Reading,Pennsylvania • mai. i o SEAL 'r % � - Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 24th day of April,2014,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR 8011111 DAKOTA if1,65;;) 14:72724e111/1 ) My Commission Expires June 23,2015 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 4TH day of FEBRUARY , 2015 ,';Continental Casualty Company �G �r►- Q ' 'f � a National Fire Insurance Company of Hartford ►onnrF • € �� �o American.Casualty Company of Reading,Pennsylvania ' II � at i. v�SEJ1L �- 1932 if Imo 'ql.�•�/ D.Bult Assistant Secretary Form F6853-4/2012 4, Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution d4'adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." I• • State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 You may also write to CNA Surety at P.O. Box 1068, Houston, Texas 77251-1068. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, or fax 512-475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached documents. '` c D CERTIFICATE OF LIABILITY INSURANCE DATEMIDDIYYYY) `—� 2/4/2014/201 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CNTA PRODUCER NAME:CT Nicole Brummett Higginbotham/Swantner&Gordon PHONE EYr 361-883-1711 FAX 361-844-0101 PO Box 870 ( )' (A/C.No); Corpus Christi TX 78403 E-MAIL ADDRESS;nbrummett@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A ACE American Insurance Company 22667 INSURED BERRYI3 INSURER B:Indian Harbor Insurance Company 26940 Berry Contracting, LP INSURER c:AGCS Marine Insurance Company 22837 dba Bay,Ltd. INSURER D:ACE Property&Casualty Insurance C 20699 P.O.Box 4858 Corpus Christi TX 78469-4858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1625587967 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG27331725 5/20/2014 5/20/2015 EACH OCCURRENCE _ $2,000,000 CLAIMS-MADE X OCCUR /' PRMTO RENTED - PREEMI E SES(Ea occurrence) $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $5,000,000 OTHER: / $ A AUTOMOBILE LIABILITY 1 ISAH08820041 5/20/2014 5/20/2015 COMBINED SINGLE LIMIT $ (Ea accident) 2,000,000 ' X ANY AUTO i BODILY INJURY(Per person) $ / AUTOWNED SCHEDULED / BODILY INJURY(Per accident) $ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ X MCS-90 $ D X UMBRELLA LIAB X OCCUR / XOOG27319889 5/20/2014 5/20/2015 EACH OCCURRENCE $25,000,000 / EXCESS LIAB CLAIMS-MADE / AGGREGATE $25,000,000 DED X RETENTION$25,000 $ «< A WORKERS COMPENSATION , WLRC47886715 5/20/2014 5/20/2015 X num EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIV Y/N E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? j N N/A / (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,descr be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B Contractors Pollution CPL742031901 5/20/2014 5/20/2015 Pollution Condition $25,000,000 C Contractors Equipment MXI93045861 11/1/2014 11/1/2015 Pollution Aggregate $25,000,000 CE-Leased/Rented $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Please see attached Acord 101 Form for additional policy and coverage information. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 9277 Corpus Christi TX 78469 AUTHORIZEDREPRESENTATIVE 51441474 I .� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BERRY13 f—� LOC#: '4R D ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham/Swantner&Gordon Berry Contracting, LP POLICY NUMBER dba Bay, Ltd. P.O. Box 4858 Corpus Christi TX 78469-4858 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization CG2010 10/01,and Additional Insured-Owners, Lessees or Contractors- Completed Operations CG2037 10/01.The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others To Us CG2404 05/09.The General Liability policy includes a primary and non-contributory endorsement- Non-Contributory Endorsement For Additional Insureds Form LD-20287(06/06)only when there is a written contract requiring such, and Construction Project(s)General Aggregate Limit LD-21732(01/07)-$5,000,000 Aggregate Per Project. The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement–Schedule Notice by Insured's Representative ALL-32686 (01/11). The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Designated Persons or Organizations DA-9U74a(04/11). The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others DA-13115(06/13). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement– Schedule Notice by Insured's Representative ALL-32686(01/11). The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Our Right to Recover From Others Endorsement WC000313 11/05&Texas aiver of Our Right to Recover From Others Endorsement WC420304A(1/00).The Workers Compensation policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement WC000106A 0492, Outer Continental Shelf Lands Act Coverage Endorsement WC000109B(07/11), Maritime Coverage Endorsement-Limits of Liability$1,000,000 Each Accident/Aggregate,and includes Transportation,Wages, Maintenance&Cure WC000201A(04/92),Voluntary Compensation Employers Liability Coverage Endorsement WC000311A(08/91)&Voluntary Compensation Maritime Coverage Endorsement WC000203(4/84), and a blanket automatic alternate employer endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Alternate Employer Endorsement WC000301A(Ed 02/89). The Workers Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice to Others Endorsement–Schedule Notice by Insured's Representative WC 99 03 69(01/11). The Contractors Equipment includes Blanket Additional Insured and/or Loss Payees Endorsement–Written Agreement-Endorsement 009. Project: El 3109&El 3110 TX Dot Participation Projects FM 2444 Waterline Adjustments Task Order#5&6 / ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 'POLICY NUMBER: HDO G27331725 ` Endorsement Number: 37 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location: All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or equipment include as an insured the person or organization furnished in connection with such work, on the shown in the Schedule, but only with respect to project (other than service, maintenance or liability arising out of your ongoing repairs) to be performed by or on behalf of the operations performed for that insured. additional insured(s) at the site of the covered operations has been completed; or B. With respect to the insurance afforded to (2) That portion of"your work" out of which the injury these additional insureds, the following or damage arises has been put to its intended use exclusion is added: by any person or organization other than another 2. Exclusions contractor or subcontractor engaged in performing operations for a principal as a part of the same This insurance does not apply to "bodily project. injury" or "property damage" occurring after: CG 20 10 10 01 @ ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: HDO G27331725 / Endorsement Number: 36 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss Location and Description of Completed Operations: All locations where you perform work for such additional insured pursuant to any such written contract. Additional Premium: $Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 3710 01 ©ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: HDO G27331725 Endorsement Number: 52 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART j PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART L SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Berry GP, Inc. 16 / Policy Symbol Policy Number / Policy Period Effective Date of Endorsement HDO G27331725 I 05/20/2014 to 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy, THIS ENDORSEMENT-CHANGES-THE POLICY. PLEASE READ--IT-CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (If no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term "Additional insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured")for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. 4 Ito- Ail Authorized Agent LD-20287(06/06) Page 1 of 1 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named Insured Endorsement Number Berry GP, Inc. 5 Policy Symbol Policy Number /Policy Period HDO G27331725 [ 05/20/2014 to 05/20/2015 Effective Date of Endorsement Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the foIIowing: -- COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at your construction projects away from premises owned by or rented to you (such ongoing operations at such construction projects are hereinafter defined as "Your Projects"): 1. A separate Construction Project General Aggregate Limit applies to all of Your Projects, and that limit is equal to$5,000,000 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under COVERAGE C, which damages and medical expenses can be attributed only to"Your Projects", regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses that can be attributed to "Your Projects" shall reduce the Construction Project General Aggregate Limit and shall also reduce and erode the General Aggregate Limit shown in the Declarations. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to ap- ply. However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SEC- TION I ),which cannot be attributed only to"Your Projects": 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce the Construction Project General Aggregate Limit. • LD-21732(01/07) Copyright,Insurance Services Office,Inc., 1996 Page 1 of 2 C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If any one or more of"Your Projects" has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. A, Authorized Agent LD-21732(01/07) Copyright,Insurance Services Office,Inc., 1996 Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT- SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number / 18 Policy Symbol Policy Number / , Policy Period Effective Date of Endorsement HDO G27331725 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. ` Authorized Representative ALL-32686(01/11) Page 1 of 1 / ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Berry GP, Inc. Endorsement Number 3 Policy Symbol Policy Numberj Policy Period Effective Date of Endorsement ISA H08820041 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company The above Is required to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This-endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto,"Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage"resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74a(04111) Page 1 of I • WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Berry GP, Inc. Endorsement Number 16 Policy Symbol Policy Number / Policy Period Effective Date of Endorsement ISA H08820041 ! 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This-Endorsement-modifies insurance provided under the-following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM GARAGE COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. 416 A Authorized Representative DA-13115(06/13) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT -SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number 9 Policy Symbol Policy Number / Policy Period Effective Date of Endorsement ISA 1-108820041 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy, C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. A I I I 14 Authorized Representative ALL-32686(01/11) Page 1 of 1 • /Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number BERRY GP,INC. P.O. BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number:047886715 Policy Period Effective Date of Endorsement 05-20-2014 TO 05-20-2015 05-20-2014 issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of thepolicy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. • For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. 111111.1rte. Authorized Agent 231 WC 00 03 13 (11/05)Ptd. U.S.A. Copyright 1982-83, National Council on Compensation • Vtforkers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC. P.O. BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number: C47886715 Policy Period Effective Date of Endorsement 05-20-2014 TO 05-20-2015 05-20-2014 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY insert the policy number.The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. _ `TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2 . 0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s)arising out of the operations described. 4. Advance Premium: $32, 830 Authorized Agent 1419 WC 42 03 04 A (1/00)Ptd. in U.S.A. ' • ` Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number BERRY GP, INC. P.O. BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number:C47886715 Policy Period Effective Date of Endorsement 05-20-2014 TO 05-20-2015 05-20-2014 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 4111111111,411 Authorized Representative WC 99 03 69(01/11) Page 1 of 1 1245