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HomeMy WebLinkAboutC2015-034 - 6/16/2015 - Approved _ Ai„. L __ 2015-034 6/09/15 LOrd. 030527 Berry Contracting dba Bay Ltd. L CONTRACT DOCUMENTS L FOR CONSTRUCTION OF L WALDRON ROAD FROM I CARIBBEAN DRIVE TO GLENOAK DRIVE L BOND 2014 L . PROJECT NUMBER E13099 L I ,a..4 �c,ff, i ! t. . ,,.`• L . r/ 4? , 11111111111W 111111110111 $ MURRAY F. HUDSON ' • 411A,.9 78198 )4 CiCity of .,:k.`c,s-r R,"?.:40,0 , °0000no `4 " ted' CorpusI L{ 7 ./oN�tii_ ` u; Christie E URBAN ENGINEERING L January 2015 L I Record Drawing Number [902] TBPEFirm No.145 TBPLS Firm No.10012400 INN ion 00 01 00 TABLE OF CONTENTS ir. Division/ Title Section Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid (Rev 01/23/2015) 00 21 13 Instructions to Bidders (Rev 01/23/2015) 00 30 00 Bid Form (Rev 01/23/2015) iw 00 30 01 Bid Form Exhibit A(Rev 10/14/2014) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire km 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience 00 52 23 Agreement(Rev 10/14/2014) 00 6113 Performance Bond (Rev 7/3/2014) 00 61 16 Payment Bond (Rev 7/3/2014) 00 72 00 General Conditions 00 72 01 Insurance Requirements(Rev 7/3/2014) 00 72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions Ir. Division 01 General Requirements ills 01 1100 Summary of Work r. 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures 01 29 01 Measurement and Basis for Payment 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 01 33 00 Document Management ► 01 33 01 Submittal Register(Rev 7/3/2014) ii. 0133 02 Shop Drawings i` Table of Contents 00 0100-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REV01-23-2015 r. 3 3 Division f Title Section3 01 33 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation 3 01 35 00 Special Procedures 0140 00 Quality Management3 01 50 00 Temporary Facilities and Controls 01 57 00 Temporary Controls3 01 70 00 Execution and Closeout Requirements 3 Part T Technical Specifications Technical Special Provisions 3 1E20[2] Storm Water Pollution Prevention 2A3[1] Clearing, Grubbing and Stripping 2A4(1) Removing Existing Concrete and Structures3 2B1 Site Grading 2B3[1] Pipe Trench Excavation and Backfill 3 2B5[3] Street Excavation and Backfill 2B8[3] Compacted Subgrade 2B10[1] Compacted Embankment 2G1[1] Polyvinyl Chloride and Fittings for Water Lines 2G2[3] Ductile Iron Pipe and Fittings3 2G4[3] Polyvinyl Chloride Pipe and Fittings(Pressure Rated—Gravity Service—SDR 26) 2G8[1] Gate Valves for Potable Water Lines3 2G9[1] Fire Hydrants 2G11[2] Installation of Water Pipe 3 2G12(1] Hydrostatic Testing of Pressure System 2G14[2] Polyvinyl Chloride Pipe and Fittings for Sewer Lines(SDR 26) 2G15[1] Installation of PVC Sewer Pipe 3 2G17[2] Sanitary Sewer Manholes and Lines (Fiberglass) 2G19[3] Grouting Abandoned Lines3 2G21121 Water Service Material 2H1161 Flexible Base (Limestone) 3 2H2[ii Soil-Cement Base Course 3 Table of Contents 000100-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REV 01-23-2015 Irr Division/ Title Section 2H6(6] Prime Coat 2H11[1] Hot Mix-Hot Laid Asphaltic Concrete Pavement 2H14[1] Concrete Curb&Gutter and Concrete Valley Gutter 2H14(3] Concrete Block Curb 2H16[1] Concrete Sidewalk 2H22[1] Pavement Marking 2H27(2) Geogrid Reinforcement 212[1] Chain-Link Fence (Light Duty) 214[1] Cedar Picket Fence 2J4[3] Hydromulch Seeding 3A1 Concrete Form Work 3B1[1) Concrete Reinforcement 3C1[1] Normal Weight Aggregate Concrete 3C4[1] Concrete Structures Appendix Title Yr. 1 Subsurface Exploration, Pavement, and Geotechnical Recommendations—RETL Job No. G114125 END OF SECTION r las 1` Table of Contents 00 01 00-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REV01-23-2015 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas (Owner) is requesting Bids for the construction of the following Project: Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014) Project No. E13099 A. The project includes approximately 18,000 SY of cement stabilized paving, along with related sidewalk,water,stormwater and wastewater utilities. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$2,195,800. The Project is to be substantially complete and ready for operation within 180 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: http:/www.cctexas.com/business/supplierportal 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday, February 17,2015 at 2:00pm at the following location: City Hall Building—6 floor, Conference Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by noon seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Invitation to Bid 00 11 16-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REV 01-23-2015 j J Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. 3 ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation 3 Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 3 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent of the greatest amount bid. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. 3 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner; or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 7. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids(hard copy) must be submitted to the City Secretary's Office (City Hall Building, 151 Floor, 1201 Leopard Street, Corpus Christi,Texas 78401) no later than 2:00 pm,on Wednesday, February 25,2015 to be accepted. The Bids will be publicly opened and read aloud at this time 3 Invitation to Bid 00 11 16-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REVO1-23-2015 h. at the City Council Chambers or Staff Room, 15t floor of the City Hall Building. Bids received after this time will not be accepted. h. Address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street h. Corpus Christi,Texas 78401 Attention: City Secretary Bid—Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014), Project No. E13099 rr ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the lowest responsible Bidder who submits a responsive Bid. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids, and/or waive formalities. Bids may not be withdrawn within 90 Yr days from the date on which Bids are opened. r iir ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. Ilr 9.02 Contractors for this Project must obtain and provide the necessary insurance, including Workers' Compensation Insurance, as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. 9.03 Performance and Payment Bonds are required. 1i. END OF SECTION t hip bar Mir ►. r Invitation to Bid 00 11 16-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 REV 01-23-2015 fi w 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS IND 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 line 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-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 Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental El Required X- 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 CI Required X- Not Required Installation Floater Equal to Contract Price ❑ Required X- Not Required iu. Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required C Not Required 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in . accordance with Article 6 of the General Conditions and this Section. Irk Insurance Requirements 00 72 O1-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 ir. j 3 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 Texas3 to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured 3 retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing 3 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 full3 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. 3 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 3 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. 3 K. Provide for an endorsement that the"other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is 3 primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or 3 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: 3 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements 3 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 in3 accordance with Texas Department of Insurance rules. I Insurance Requirements 00 72 01-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV07-03-2014 w t 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 hr 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 kr' 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; f„ c) Cost to cleanup and remove pollutants; 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 Insurance Requirements 00 72 01-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 3 I 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. 3 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. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. 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; 3 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; r 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 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 3 Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 L r 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 ihro professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier,anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those iir 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 1r Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement;flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that Insurance Requirements 00 72 01-5 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 r 3 I 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. 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 3 Work. 5. Cover Owner-furnished or assigned property. 3 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. 3 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. 3 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 3 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. 3 F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not 3 expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS3 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 3 Insurance Requirements 00 72 01-6 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 f•r 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 F bre 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. his Insurance Requirements 00 72 01-7 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV07-03-2014 I I 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 3 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. 3 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements,and 3 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. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to 3 the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 3 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. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 3 1. Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 33 Insurance Requirements 00 72 01-8 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV 07-03-2014 h. 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. hie 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 i" persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requirements 00 72 01-9 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV07-03-2014 3 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 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: 3 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 3 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 r 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. 3 J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation + coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION a Insurance Requirements 00 72 01-10 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 REV07-03-2014 air semi 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. �rr ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: in City of Corpus Christi,Texas Urban Engineering Rock Engineering and Testing Laboratory B. Paragraph 1.01.A.54 "Substantial Completion" is more specifically defined for this Project as: a"' 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. All lanes of traffic open to traffic. b. Pedestrian facilities must be operational. c. All utilities fully operational. tr 2. Only the following items not yet complete in accordance with the Contract Documents: a. Final site cleanup ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction y, so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions,delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. INN tiro Supplementary Conditions 00 73 00-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 11-25-2013 ir. I + 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or3 greater. Records indicate the following average number of rain days for each month: Month Day Month Days 3 January 3 July 3 February 3 August 4 March 2 September 7 3 April 3 October 4 May 4 November 33 June 4 December 3 3. A total of 45 rain days have been set for this Project. An extension of time due to rain days will be considered only after 45 rain days have been exceeded in a calendar year 1 and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; 3 HAZARDOUS ENVIRONMENTAL CONDITIONS I SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. Subsurface Investigation and Laboratory testing program and provision of pavement recommendations for the proposed Waldron Road Rehabilitation, Rock 3 Engineering and Testing Laboratory,4-7-2014-The Contractor may rely on the following Technical Data in using this document: 1) Subsurface conditions 3 2) Any other information, as necessary for construction. 2. Drawings of physical conditions relating to existing surface or subsurface structures at r the Site(except Underground Facilities) include the following: a. None. 3 SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." 3 Supplementary Conditions 00 73 00-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 11-25-2013 r ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS i�. A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage it of the Contract Price, using its own employees." `or END OF SECTION rr. f kir ire Ir. L L L r Ir. l� Supplementary Conditions 00 73 00-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)—Project No. E13099 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on June 16,2015 is between the City of Corpus Christi (Owner)and Berry Contracting,LP.dba Bay,Ltd. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Project No. E13099 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering 2725 Swantner Corpus Christi,Texas 78404 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk,P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Road,Bld.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 180 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each, are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones,Substantial Completion,and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if Agreement 00 52 23-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 the Work is not completed on time. Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$785.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$785.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 2,580,631.90 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. Agreement 00 52 23-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option, retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; Agreement 00 52 23-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost,progress, and performance of the Work; 2. The means, methods,techniques, sequences,and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations,investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations, investigations,explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper Agreement 00 52 23-4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Contracts will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Contract must be signed by a person authorized to bind the firm or company.If Contractor is a Corporation contracts must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-5 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 ATTEST 41111) C 114101114.9. 714-"Ciii`City Secretary J.H. Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM Sr I IH K t► 14-114/), sT COUNCIL. �► ' As . City Attorney SECRETA r ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, L.P.dba Bay,Ltd. (Seal Below) Note: Attach copy of authorization to sign if \\ Person signing for Contractor is not President, Title: w1-: n . Vice President, Chief Executive Officer, or Chief Financial Officer P.O. Box 9908 Address Corpus Christi,TX 78469 City State Zip 361/299-3721 Phone Ientzj@bayltd.com EMail END OF SECTION Agreement 00 52 23-6 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 10-14-2014 00 30 00 BID FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal submitted on:Wednesday,February 25,2015 at 2:00 pm. 1.02 Submit hard copy Bids,Bid Security,and all attachments to the Bid(See Section 7.01 below) to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014), Project No. E13099 ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda: Addendum No. Addendum Date Signature Acknowledging Receipt -4* l 2- 10 - is ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost, progress,and performance of the Work. Bid Form 00 30 00-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 01-23-2015 3.03 The Bidder is familiar with Laws and Regulations that may affect cost,progress,and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means, methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 3.08 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 3.09 The Bidder has correlated the information known to the Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. Bid Form 00 30 00-2 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 01-23-2015 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01 BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. Owner will,at its discretion,award the Contract to the lowest responsible Bidder for the Base Bid,plus any combination of Add or Deduct Alternates. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the greatest amount bid,the Bidder's responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility,and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming,non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 4516 STATEMENT OF EXPERIENCE,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement,if discovered after award of the Contract to such Bidder,may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements,including costs and attorney's fees for collecting such costs and damages. Bid Form 00 30 00-3 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 01-23-2015 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 All submittals must be in hard copy for this Project. In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 01 BID FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM EXHIBIT A. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions. ARTICLE 9—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s)signing the Bid must have the authority to bind the Bidder to a contract, and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002), but who will not be signing the Bid Form personally,shall include in their bid a notarized power of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. Bid Form 00 30 00-4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 REV 01-23-2015 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the individual(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an"alias") shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business in Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. ARTICLE 11—BID SUBMITTAL 11.01 This Bid is submitted by: Coidder: 1?) t i"r sf C rv, r 1. 42, '‘n,) L'i' CJ's A 1.6 ai 1—,)-a,. \Ilik . By: (typedi or prince ll legal name of Bidder) Name: tie AL Al (individual's signature) L (typed or printed) Title: S-‘"',v-v-..ci.-\-A ns M A.1,. ( ped or printed) Attest: / `�� /- / (individual's signature) State of Residency: _ 't. 0.S Federal Tax Id. No. 1 '4- 2,°, t 2.°t O t Address for giving notices: r, o , -6 0 x a 9 O$ C,0 v b ,A.1 CA.,P", s�-: , 1-- *\ -11) 1/41,(act Phone: 'bL\-WI.9- 37),.i Email: 1.,.8n#7�@-V>0.yL4 , Corn, (Attach evidence of authority to sign if the authorized individual is not the Bidder, but an individual signing on behalf of another individual Bidder,or if the authorized individual is a representative of a corporation, partnership,or joint venture.) END OF SECTION Bid Form 00 30 00-5 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No. E13099 REV 01-23-2015 SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC January 8,2002 Berry Operating Company,LLC,general partner of Berry Contracting,LP dba Bay Ltd.held a special meeting this 8a'day of January 2002. Edward A.Martin, President,presided as Chairman and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr.Martin said that with the resignation of Howard Kovar,D.W.Berry had been named interim Division Manager for the Highway Division. He further said that the purpose of this meeting was and to name the individuals authorized to act for and on behalf of Bay Ltd.Highway Division in connection with matters relating to the Texas Department of Transportation and other state,municipal, federal,quasi governmental entities and private bodies. RESOLVED,that the following named individuals be empowered to act for and on behalf of Bay Ltd.as to the making and signing of contracts, bonds,bids,offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. K.J.Luhan President '• .. D.W. Berry Vice President M.G.Berry Vice President A.L.Berry Vice President Edward A.Martin Vice President D.E. Spangler Vice President FURTHER RESOLVED that in the event D.W.Berry is unavailable,Mr. Jon Lentz is empowered to sign contracts,bonds,bids,offers or arrangements and revisions,changes or modifications of same as the needs of the Highway Division of Bay Ltd.may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Jon Lentz,Estimating Manager and James Wright,Administrative Manager are specifically empowered to act for and on behalf of Bay Ltd. to sign"Proposal To the Texas Department of Transportation". FUR1'HhR RESOLVED that the Secretary-Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties sill rely upon same until actual receipt of written notice of change,deletion,modification,or revocation of such authority. Approved Correct: eau-tot Edward A.Martin,President&CEO Attest )444e, DonEtta Beaty,Secret Certification of Secretary I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting,LP dba Bay Ltd.held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this the 8th day of January 2002,to which witness my hand. DonEtta Beaty,Secre 00 30 01 BID FORM EXHIBIT A 00 30 01 BID FORM EXHIBIT A Project Name: Waldron Road from Caribbean Drive to Glenoak Drive (Bond 2014) Project Number: E13099 Owner: City of Corpus Christi Bidder: d ,Q,,r r.1 (..o r+ Ir r a c_\-;.-q, L- t� b A t--',4 OAR: I Designer: Urban Engineering Basis of Bid ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Bonds, Insurance, and Mobilization LS 1 V 9 boo. 13'11500.o° A2 Traffic Control LS 1 36 / 00 o,ao 3 61 o c o.o0 A3 SWPPP LS 1 j9,000..90 19l aoo,o0 A4 Ozone Action Day DAY 2 11&' t' 13.0 •°o SUBTOTAL PART A-GENERAL(Items A1-A4) l lilt 750.Oct Part B-STREET IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Clear and Grub Right of Way AC 1 jk 700 .00 Iii 700.00 B2 Roadway Excavation and Haul Off SY 17731 1 t4,90 6b18gj ,YO B3 2"Type 'D' HMAC (1-Lift) SY 17731 14i.0e a48 a34.0o B4 4"Type 'D' HMAC (2-Lifts) SY 655 '{K.00 25 f5.2-0..00 B5 Prime Coat SY 17731 0, 75- 131A.96. 25- B6 3" HMAC Type 'B' SY 17731 15,75 27' ,2443 .A5- B7 6" Limestone Base (TY A GR. 1) SY 800 t 5, 0 0 12. o oo .o o B8 8" Cement Stabilized Subgrade SY 17731 7. 70 j 3b So2�, 7 o i B9 Geogrid (TX-5) SY 800 q,3031 Nvio, a0 1310 12" Compacted Subgrade SY 800 6 , 2 0 ({,W,p , Q o B11 6" L-Curb Remove and Replace LF 500 qq, 0 o ,2z o oa.o0 1 B12 6" L-Curb LF 264 3g,ao fi '�— nn iop32o* B13 Driveway SF 4000 Pt. ? 0 je` y0o.00 B14 HMAC Pavement Transitions SY 108 Q5'.Co t 012 I,0 .00 615 Pavement Marking (Y) (4") (SLD+BRK) (DBL) LF 584 1 •S0 $76.0 B16 Pavement Marking (Y) (4") (SLD) (DBL) LF 2660 J .co 31790 . 00 B17 Pavement Marking (Y) (24") (SLD) LF 95 17.7S 1,b fb . 2-3- B18 2.SB18 Pavement Marking (W) (4") (BRK) LF 4572 p , 75" 3J 11,29.va B19 Pavement Marking (W) (8") (SLD) LF 1322 ) ,S 0 1le-153.0o B20 Pavement Marking (W) (24") (SLD) LF 83 ( 7.5.0 11 14512 •So 821 Pavement Marking(W) (12") (SLD) LF 61 $•80 .5".?6 .V7 B22 Pavement Marking(W) (Arrow) EA 20 ?.LS' ,00 •gr 6,0o . 00 B23 Pavement Marking(W) (Only) EA 10 3l{0.co � C(00.00 B24 Temporary Pavement Marking (Y) (4") (BRK) LS 1 5 000, oo 5, ooO .00 B25 Raised Pavement Marker(TY I-C) LS 1 1,100 -' ! , • ,• ADDENDUM NO.1-ATTACHMENT NO.3 Bid Form Exhibit A Page 1 of 4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)-Project No. E13099 RE} la-la- of 00 30 01 BID FORM EXHIBIT A ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 826 Raised Pavement Marker(TY II-A-A) LS 1 ) I goo . 00 )} t.100 . o a B27 Hydromulch Seed and Fertilize AC 1 ?ivivo ,00 ' 000 ' 00 B28 Signage LS 1 $;s-co, o o gigo tooo 829 Manhole Ring and Cover Adjustment LS 1 (( go0'oo f 1r goo '4'0 B30 Valve Box Adjustment LS '1 3,goo •OO 3160 o .00 B31 Unanticipated Street Improvement Contingency LS 1 $ 50,000.00 $ 50,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B31) 1,192177/45- Part ,(J2177f,bsPart C-RTA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Cl Bus Stop Shelter Pad EA S 5/?00.00 0-S,5-vP.00 C2 Roadway Bus Pad EA 6 j (f ?Do .o° 71, t(oo.00 C3 Unanticipated RTA Improvement Contingency _ LS 1 $ 1,500.00 $ 1,500.00 SUBTOTAL PART C-RTA IMPROVEMENTS(Items C1 thru C3) 10114/012,00 Part D-ADA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 01 Concrete Sidewalk SF 31781 6,90 A19,,2� , 6 . 90 02 Accessible Ramps EA 13 att(oo. 00 31 rLo" .00 D3 Railing for Sidewalk at Ditch LS 1 01130D.00 J y f 3 p0. co D4 Unanticipated ADA Improvement Contingency LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART D-ADA IMPROVEMENTS(Dl THRU D4) oa.71417 1.ci O Part E- DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) El Post Inlet Removal EA 2 )1000.00 D„f000 . c 0 E2 5'Curb Inlet EA 2 71 goo .o 0 1 K j$00.0 b E3 13.5"x22" Arch Pipe LF 10 3 to ,o0 3t 100 ,00 E4 24" RCP LF 10 50,oo .1S'oo , 0V ES 36" RCP LF 5 3 co . 60 jigoo .00 E6 OSHA Trench Safety LF 25 5, 00 1 25%00 E7 OSHA Inlet/Manhole Safety EA 4 500 , 00 ' _f 000 .00 ES Unanticipated Drainage Improvement Contingency LS 1 $ 40,000.00 $ 40,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(El THRU E8) 64j 3,2 5".o 0 Part F-WATER IMROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Fl 12" PVC C-900 Water Line LF 2470 + X° .5t) 0-9 - y3.5. vo F2 8" PVC C-900 Water Line LF 44 160.00 71 e t(o, 00 F3 6" PVC C-900 Water Line LF 558 S7 .00 cf 8 S'41E ,00 F4 12" Ductile Iron Water Line LE 188 ( 1 0-.00 ;sO 6 go,00 ES 8" Ductile Iron Water Line LF 16 140 , " 1.1 f40.00 F6 6" Ductile Iron Water Line LF 246 ?y.0`0 ($1}2o y , 0 0 F7 2" Copper Water Line LF 150 100 .00 15'1 000,00 F8 12"x12"Tapping Sleeve, 12"Tapping Valve EA 1 (, 3oo.o0 (Pt 30© .00 ��,., "? F9 2"Corp Stop EA 6 f 430,0o -41130410 �;;),�,6 F10 12" Gate Valve and Box EA 3 2S0° -oo V75-0O ,op F11 8"Gate Valve EA 1 f j 700 .v0 } 700 .0 0 F12 6"Gate Valve EA 14 (1 eo ° _ I 1 I 0.,,o i ADDENDUM NO.1-ATTACHMENT NO.3 Bid Form Exhibit A Page 2 of 4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)-Project No. E13099 REV 10-14-2014 a 00 30 01 BID FORM EXHIBIT A ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE " � r• ". "°• QUANTITY AMOUNT F13 12"Cross EA 1 .?,10t�a ,©o , i 000 . a 0 F14 12"x12"x12" Tee EA 1 SIC-oo.00 2,coo, 00 F15 12"x 8"x12" Tee EA 1 0960,00 (i900.00 F16 12"x 6"x12"Tee EA 10 510.00 c' 160 . 0 0 F17 8"x8"x8"Tee EA 1 It p oO,00 1 000 S oe F18 6"x6"x6"Tee EA 5 S'(o.o° .2]5. 0 •0-o F19 12"x6" Reducer EA 2 1.{2o,on 1�(.1o. o0 F20 8"x6" Reducer EA 1 L./s-6,00 t/50 .O o F21 6"x4" Reducer EA 1 ''') 70.017 170 ,0,f) 122 12" Ductile Iron Bend EA 25 '50 .40 /4Y 70).00 F23 8" Ductile Iron Bend EA 7 1140.o° �?1 p go,eo F24 6" Ductile Iron Bend EA 64 ,Z r{o.oD 1,5'1340 ,00 F25 12"Tie to Existing EA 3 2(5-00.00 ? 500.00 126 8"Tie to Existing EA 1 3/zoo ,00 3(2 of) , Do F27 6"Tie to Existing EA 11 II 30° ,00 191300 .00 F28 Service Reconnect EA 16 t(3°'" 7 6 80 ,OC 129 Fire Hydrant Assembly Complete In-place EA 11 5 ?oe) . f o 6.z 2o0 o, . F30 OSHA Trench Safety LF 3672 3, 9po 13z953,60 131 Cap& Grout Existing Waterline LF 3275 1 s-.2.5" l.{ 1 91.7$,?$-- F32 Unanticipated Water Improvement Contingency LS 1 $ 26,000.00 $ 26,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS(F1 THRU F32) 6"$tf3 S2Z. . s5- Part G-WASTEWATER IMROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 61 8" PVC Wastewater Main LI 365 /Go,OO Cg'14/0v,o0 G2 8"VCP Removal LI 370 5-..?.°0 I, b to . 6'0 G3 4' Fiberglass Manhole, new EA 1 j 2 coo ,o 0 /2 coo, OV G4 FRP Rehab EA 2 (0 lfpp.Do 2.O 'po,b0 65 Remove Existing Manhole EA 2 3 poo ,&O (,/poo • OD G6 Control of Wastewater Flow LS 1 6/ 3 00 oo / . oo ,Do G7 OSHA Trench Safety LF 735 1-/,g0 3)2V/ , 00 G8 OSHA Manhole Safety EA 5 cj Lf o.e0 Ki?oo ,00 G9 Unanticipated Wastewater Improvement Contingency LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(G1 THRU G9) /ti/l,-'y , 0 0 Part H-GAS IMPROVEMENTS(per SECTION 01 23 10 MEASUREMENT AND BASIS FOR PAYMENT) H1 Trench Backfill LF 3150 3 0 • O 0 ?`/,Sit oro SUBTOTAL PART H-GAS IMPROVEMENTS (H1 ) lyisvo.ups I Ir ADDENDUM NO.1-ATTACHMENT NO.3 Bid Form Exhibit APage 3 of 4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)-Project No. E13099 REV 10-14-2014 00 30 01 BID FORM EXHIBIT A ESTIMATED EXTENDED Item DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al-A4) ) w 1 ?''p ,, p SUBTOTAL PART B -STREET IMPROVEMENTS (Items B1 thru B31) , ( 02 2 i 77/.(05- SUBTOTAL ?(,(oS`SUBTOTAL PART C- RTA IMPROVEMENTS (Items Cl thru C3) 101i - 00 SUBTOTAL PART D-ADA IMPROVEMENTS(Items D1 thru 04) 2.7(/Y t/75B , 90 SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (Items El thru E8) �� ���, o0 SUBTOTAL PART F- WATER IMPROVEMENTS (Items Fl thru E32) 11 6Qc(,522 . 3.5- SUBTOTAL 3.5"SUBTOTAL PART G- WASTEWATER IMPROVEMENTS(Items G1 thru G9) j y1 S V ,0° SUBTOTAL PART H-GAS IMPROVEMENTS (HI) 9q, s®O ,c20 TOTAL PROJECT BASE BID (PARTS A THRU H) 2 S'ga 6 7( , O Contract Times Bidder agrees to reach Substantial Completion in 180 days Bidder agrees to reach Final Completion in 210 days Bid Form Exhibit A ADDENDUM NO.1-ATTACHMENT NO.3 Page 4 of 4 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)-Project No. E13099 REV 10-14-2014 . 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." "Nonresident bidder" refers to a person who is not a resident of Texas. "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. ❑ Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of C( Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: (� ` 1 Company Name: r O n t+r' o G ,n LA, Ac "z1, a•( -�4-c (tytypeAr printed) By: \ gnature--attach evidence of authority to sign) Name: J (typed or printed) Title: j.S t. '‘-•3 ` 4 Business address: �'• n . Q o$ CQv s c1r.r . . -: , `rx • -7es. toct Phone: 3 C1 -let - 3711 Email: 4..e%426(5) a.NI I Conn END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)-Project No.E13099 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. kV /A. zCCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer �has employment or business relationship. !I /A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. N-L /A 4 Sig e of person doing business with the governmental entity Date Adopted 06/29!2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: riQr r Co - Tv a err• rzy L-r b 13 A a-f P.O.BOX: QC o STREET ADDRESS: t' . �f a�pro W a1 CITY: Co r�as ' r`,sk ZIP:1 s• lock FIRM IS: I. Corporation = 2. Partnership ' 3. Sole Owner [1:14. 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) 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." Namef A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board, Commission or Committee SV / 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Consultant 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: �,,,.�.y Title: �.s,.�.', r,,,4�-`,."3 M, r (Type or Print) Signature of Certifying Date: .'�.S Person: • tts DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Waldron Road from Caribbean Drive to Glenoak Drive(Bond 20141 Project No. E13099 Bidder certifies that the it has not been a party to any collusion among Bidders in the restraint of freedom of competition by agreement to submit a Bid at a fixed price or to refrain from bidding; or with any official or employee of the Owner as to quantity, quality,or price in the prospective contract,or any other terms of said prospective contract; or in any discussion between Bidders and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. A Company Name: e r r C,Or 1- a e,4-\%. Lfi P 13 c." 1-4r ok. (type or printed) By: J'*4 (signature--attach evidence of authority to sign) Name: •J O n L s', z (typed or printed) Title: E. . . re-. c \\A$1— Business address: �. 0 , 0 9 4 O • Phone: 3i,�-�9 �-3?Z,� Email: L2n \ z-,c��, � . , (',pM END OF SECTION Non-Collusion Certification 00 30 06-1 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014)Project No.E13099 11-25-2013 00 6113 PERFORMANCE BOND BOND NO, 929592838 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): Capitat 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 #E13099 Waldron Road from Caribbean Drive to Glenoak Drive(Bond 2014) Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name:SWANTNER & GORDON INS AGENCY, LLC Award Date of the Contract: June 16,2015 Address: Contract Price: $2,580,631.90 500 N. SHORELINE BLVD., SUITE 1200 — CRPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Bond Email Address: mmoore@s-gins.com Date of Bond: JUNE 22, 2 015 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 Proj#E13099 Waldron Rd Caribbean/Glenoak B2014 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 Principal Surety Signature: Signature: Me.."1+ 77707-Q Name: J O h L k r - 2- Name: MARY EN MOORE Title: C S'f j ry-o T. Pr13 , Title: ATT()RNF.Y TN FACT Email Address: L .et+4, @ .1 L'f- ,. C3rn Email Address: mmoore@s—gins.corn (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Proj#E13099 Waldron Rd Caribbean/Glenoak B2014 7-8-2014 00 6116 PAYMENT BOND BOND NO. 929592838 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 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 #E13099 Waldron Road From Caribbean Drive to Glenoak Drive(Bond 2014) Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name:SWANTNER & GORDON INS AGENCY, LLC Award Date of the Contract: June 16,2015 Address: 500 N. SHORELINE BLVD. , SUITE 1200 Contract Price: $2.580.631.90 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: mmoore@s-gins.com Date of Bond: JUNE 22, 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 Proj#E13099 Waldron Road Caribbean/Glenoak B2014 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. . Principal Surety A /�, Signature: `y� `3 Signature:e�� ( 71 7,‘rpe/t _ Name: / D-o n L in *-Z Name: mARy EN MOORE Title: 6. S4-F ma4-:r, jg r. Title: ATTORNEY IN FACT Email Address: Le„-1- @ la e/ L ,Ceryl Email Address: mmoore@s—gins.com t (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj#E13099 Waldron Road Caribbean/Glenoak 82014 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,Kerry Mc Intosh,Aaron J Endris,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 18th day of March,2015. ciksu 4 olSUq Continental Casualty Company ��� .28t`' AN. ,a National Fire Insurance Company of Hartford' 1PORATE f��waa+arFc \ American Cas alty Company of Reading,Pennsylvania • a Z Vi 11 3 JULY II, �, Ou SEAL e 1902 1897 gc 11AR� • 41411. 4(001wee/ Vic ll#14'''''- Paul T. Bruflat e President State of South Dakota,County of Minnehaha,ss: On this 18th day of March,2015,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. straw,+ J.MOHR p NOTARY PUBDAKOTALIC SOUTH Oa 1 )-:7)94441/ 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 22ND day of JUNE , 2015 . cAsty�� tNwR Continental Casualty Company 4� ( 4F &t National Fire Insurance Company of Hartford iv c�°O"U*e1 . a+atFe A American Casualty Company of Reading,Pennsylvania JULY 11, cJ SEAL t 1902 qc d!P y • AS [ja.) 4L.52...±-- 1817 HART D. Bult Assistant Secretary Form F6853-4/2012 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 787149104, 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. ACO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1..----- 6/22/2015 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). PRODUCER CONTACT Nicole Brummett Sistrunk Higginbotham Insurance Agency, Inc. PHONE FAX dba Swantner&Gordon Insurance Agency, LLCPHONE-- F=t) 361-883-1711 Ilano ):361-844-0101 PO Box 870E'MAILss nbrummett@higginbotham.net _ Corpus Christi TX 78403 _ INSURER(S)AFFORDING COVERAGE _ NAIC a — INSURER A:ACE American Insurance Company _ 22667 INSURED / BERRY13 INSURER a:ACE Property&Casualty Insurance C 20699 Berry Contracting,LP INSURER c:Indian Harbor Insurance Company X26940 dba Bay,Ltd. P.O.Box 4858 INSURER D_AGCS Marine Insurance Company ___ 22837 Corpus Christi TX 78469-4858 INSURER E: INSURER F: i COVERAGES CERTIFICATE NUMBER: 1486267007 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 I _-- - POLICY EFF POLICY EXP LTR I ADDLSUBR TYPE OF INSURANCE I I so wvD{4 POLICY NUMBER IMMJOD/YYYYI fMMIDDIYYYYI1 LIMITS A x (COMMERCIAL GENERAL1 UABIUTY ,( HDOG27393147 5/20/2015 5/20/2016 I EACH OCCURRENCE A$2,000,000 7 CLAIMS-MADE X OCCUR ! r DAMAGE TO RENTED - i I P Mt Ada occurrence) 15100,000 MED EXP(Any one person) 510,000 { I PERSONAL E ADV INJURY 52.000,000 GENT.AGGREGATE LIMIT APPLIES PER I • GENERAL AGGREGATE 510,000,000 X ,POLICY I JE T 1 j LOC !PRODUCTS••COMP/OP AGG i 55,000,000 OTHER: $ i AUTOMOBILE UABIUTY ISAH08856886 5/20/2015 5/20/2016 (Ea a�deD SINGLE LIMIT 152,000,000 / A AUT ANY AUTO 1 BODILY INJURY(Per person) I S X ALLUTOS OWNED I SCHEDULED { i / I BODILY INJURY(Per acddent)r$ AUTOS I NON-OWNED r PROPERTY DAMAGE 1 5 I HIRED AUTOS AUTOS I I 1:(Per accident) X IMCS90 J 1 i15 B X 1 UMBRELLA UAB X OCCUR j l I iX00G27320715 115/20/2015 f 5/20/2016 1 EACH OCCURRENCE t 525,000,000 EXCESS LIAR CLAMS-MADE I AGGREGATE 1525,000.000 DED k X RETENTION$25,0001 ( 1 I $ A I WORKERS COMPENSATION ` 1 WLRC48149935 15/20/2015 ; 5/20/2016 1 X 16TATUTTE 1 I ETH AND EMPLOYERS'UABIUTY YINI ( � EACH ANY PROPRIETOR/PARTNER/EXECUTIVE � 1 I E.L. ACCIDENT 152,000,000 OFFICER/MEMBER EXCLUDED? '- li N/A i I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 52,000,000 IDESCRsaOuOnF OPERATIONS below - E L.DISEASE-POLICY LIMIT $2,000,000 C Contractors Pollution CPL742031902 5/20/2015 5/20/2016 !Pollution Condition $25,000,000 D Contractors Equipment MXI93045861 1 11/1/2014 11/1/2015 Pollution Aggregate 625,000,000 CE-Leased/Rented $2,000,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 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-Capital Programs ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Sylvia Arriaga-Construction Contracts Mgr. PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 :34.0 1,46 t ©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 -*'"'"Ill LOC#: ® A`oRQADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. Berry Contracting, LP dba Bay, Ltd. POUCY NUMBER P.O. Bax 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 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 rt.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). 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-9U74b(06/14). 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-13115a(06/14). 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). Commercial Umbrella Liability Policy Form#XS-20835(08/06)includes the following in regards to who is an insured:Any person or organization,if insured under"underlying insurance",provided that coverage proved by this policy for any such Insured will be no broader than coverage provided by the"underlying insurance". The Commercial Umbrella Liability Policy Form#XS-20835(08/06)includes Transfer of Rights of Recovery Against Others to Us-If you or the insurer of"underlying insurance"waive any right of recovery against a specific person or organization for damages as required under an"insured contract",we will also waive any such rights we may have against such person or organization provided that the"bodily injury"or"property damage"occurs subsequent to the execution of the"insured contract". 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 Waiver of Our Right to Recover From Others Endorsement WC420304B(06/14).The Workers Compensation policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement WC000106A 0492,Outer Continental Shelf Lands Act Coverage Endorsement WC000109C(01/15), Maritime Coverage Endorsement-Limits of Liability$2,000,000 Each Accident/Aggregate,and includes Transportation,Wages, Maintenance&Cure WC000201 B(01/15),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)&Alternate Employer Endorsement WX000301 (04/84). 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). Contractors Equipment includes Blanket Additional Insured and/or Loss Payees Endorsement—Written Agreement-Endorsement 009. Project:#E13099 Waldron Road from Caribbean Drive to Glenaork Drive Bond 2014 / ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDOG27393147 / COMMERCIAL GENERAL LIABILITY CG 20 1010 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 SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom ybu 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 include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which I to "bodilyin- the injury or damage arises has been This insurance does nota apply put to its intended use by any person or jury"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CO 20 1010 01 ©ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: xnoc273l3147 '/ COMMERCIAL GENERAL LIABILITY CG 20 3710 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 whop 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: (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 haz- ard". CG 20 3710 01 ©ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: HD07,27393147 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 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. CO 24 04 05 09 ©Insurance Services Office.Inc.,2008 Page 1 of 1 0 NONCONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured -- 1 Erdore 'ra.t Ncmber Berry GP,Inc. / Polley Symbol Poky Number Pcfcy Period Ef`ea've tete cf Ecdoraernent HDO G2739317 05/20/2015 to 05/20/2016 05/20/2015 !awed By(Name of Insurance Company) ACE American Insurance Company Insert the porcy number.The remainder of the trfonnation Is b be comple:ec crty when this endorsement Is lesued 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 entitles 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"Acditional Insured")for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will 'lot seek contribution from the other Insurance available to the Additional Insured. Authorized Agent LD-20287(06/06) Page 1 of 1 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named insured — Endorsement Number Berry GP,Inc. Poi'y Symbol Por:cy Number Poky / HDO 627393147 Pc cy PePeriodEf aativa Date f Endorsement. 05/20;2015 co05/20/2010 05/20/2015 Issued 8y(Name of Ireurarce Company) ACE American Insurance Company insert the policy number The remainder of Ile Information Is to be completed oniy 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: 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 t), 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 ac- ply:HO ever, 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 he attributed only to"You-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: 1 0 is 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, Authorized Agent LD-21732(01/07) Copyright,Insurance S 1 1•s Office,Inc., 1898 Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT— SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE arced Insured Berry GP,Inc. Endorsement Number olicy Symbol Policy Number Policy Period Effective Date of Endorsement HDO 027393147 05/20/2015 tc 05/20/2016 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 on'y when lhis endorsement is issued subsequent to the preparation of the polly. 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 organizatior(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 resporsible 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 net apply In the event that you cancel the Policy. 1 All other terms and conditions of this Policy remain unchanged. A• +t_ 15._. o---L-----,,—,./".'N\ Authorized Representative ALL-32686(01(11) Page 1 of 1 / ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS /Named Insured Endorsement Number Berry GP Inc. Policy Symbol i Policy Number Policy Period Effectve Date of Endorsement ISA I H08856886 05/20/15 to 05/20/16 05/20/15 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number Tne remainder of the Information Is to be completed only when th's endorsement Is issued subsequent to the preparation cf the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER 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. 4:;340441 pc et,...s Authorized Representative DA-9U74b(06/14) Page 1 of 1 /WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Endorsement Number Berry GP Inc. Po;:cy symbo Policy Number Policy Period Effective Date of Endorsement ISA 140885688E05/20/1510 05/20/16 05/20/15 Issued By(Name of'nsurance Company`, ACE American Insurance Company Insert the policy number.The remainder of the Into-nation is to be completed only when this endorsement Is Issued subsequent to tie 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 AUTO DEALERS 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 e written contract, provided such contract was executed prior to the date of loss. .411)14.,..,.. ,..-__,,,--,(4.t.i.. , _•:.:-...' • -.,.. j. Authorized Representative DA-13115a(06/14) 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 05/20/2015 to 05/20/2016 Effective Date of Endorsement ISA H08856886 05/20/2015 Issued By(Name of insurance Company) ACE American insurance Company Insert the policy number.The remainder of the infonnatlon 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"Schedules) 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 organlzation(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. 4Ilf Authorize, _ - --' t ALL-32886(01(11) Wage 1 of 1 NOTICE TO OTHERS ENDORSEMENT— SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number Q I Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement ISA iH08656886 ' 05/20/2015 to 05/20/2016 05/20/2015 I 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 polfy. 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 rot 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. , o Authorized : 1-- , t •.. 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: C48149935 Policy Period Effective Date of Endorsement 05/20/2015 TO 05/20/2016 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. I 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 organizations) 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 organizations) 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 WC 99 03 69(01/11) Page l of l 945 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC. P.O.BOX 4858 Policy Ncmber CORPUS CHRISTI TX 784694858 SymhoL WLR Number. C46149935 Polcy Period Effective Date of Endorsement 05/20/2015T0 05/20/2016 05/20/2015 issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY !need the bola number.The remainder of the Information Is to be competed ahly when this endorsement Is Issued subsequent to the preparation of tie policy._ I 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 indirecty 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. Authorized Agent 931 WC 000313 (11/05)Ptd.U.S.A. Copyright 1982-83,National Council cn Compensation • Workers'Compensation and Employers'Liability Policy Named insured I Endorsement Number -' Berry GP Inc. _ ..._. Policy Number LR 048149935 I Symbol.WNumber: Policy Period 05/20/2015 to 05/20/2016 Effective Date of Endorsement+ 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. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( xx ) 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 21 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: Authorized Representative WC 42 03 04B(06/14) C Copyright 2014 National Council on Compensation Insurance,Inc.Ail Rights Reserved.