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C2015-170 - 3/2/2015 - NA
00 52 23 AGREEMENT This Agreement,for the project(contract renewal)approved on March 2,2015, is between the City of Corpus Christi,Texas (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 follows: Contract Renewal Pro).#E14021 Citywide Street Preventative Maintenance Program Year 2 IDIQ(Contract Renewal No. 1 of Original#E12215 Citywide Street Overlay&Sealcoat IDIQ Pilot Program) ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Coym,Rehmet&Gutierrez Engineering LP 5656 So.Staples—Suite 230 Corpus Christi,TX 78411 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk,P.E.— Interim Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 365 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 365 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 2015-170 3/02/15 00 52 23-1 aide SPMP 09-25-2013 Berry Contracting LP dba Bay INDEXED Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$500 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$500 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 Contract Amount $ 3,325,000.00 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. Agreement 00 52 23-2 Contract Renewal#E14021 Citywide SPMP 09-25-2013 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. 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; Agreement 00 52 23-3 Contract Renewal#E14021 Citywide SPMP 09-25-2013 2. Drawings of physical conditions relating to existing surfac: or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawing.; 4. Reports and drawings relating to Hazardous Environment.I Conditions,if any,at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawi gs. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing busin:ss in the locality of the Site; 3. Information and observations obtained from visits to the 'ite;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragrap s 7.01.D and 7.01.E with respect to the effect of such information,observations,and do uments on: 1. The cost,progress,and performance of the Work; 2. The means, methods,techniques,sequences,and proced res 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 p eceding paragraphs, Contractor agrees that no further examinations,investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the a•ntract Price,within the Contract Times,and in accordance with the other terms and co ditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be p=rformed by Owner and others at the Site that relates to the Work as indicated in the C'ntract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site,reports and draw ngs identified in the Contract Documents,and all additional examinations, investiga ions,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 Contra at Documents,and the written resolution provided by the OAR is acceptable to the Co tractor. K. The Contract Documents are generally sufficient to indicate an I convey understanding of all terms and conditions for performance and furnishing of the ork. L. Contractor's entry into this Contract constitutes an incontrove ible representation by Contractor that without exception all prices in the Agreement .re premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23-4 Contract Renewal#E14021 Citywide SPMP 09-25-2013 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 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. (Seal Coat Delivery Orders 1—5) Citywide Street Preventative Maintenance Program(SPMP)Year 2, Project No. E14021. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. See Attachment"A"for New Unit Pricing for contract renewal Project No. E14021 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. Agreement 00 52 23-5 Contract Renewal#E14021 Citywide SPMP 09-25-2013 The effective date of the Contract is . ATTEST OF Ce ' ' OP RISTI I itySecretary .H. Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM Asst. City Attorney 4-1116". ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, LP dba Bay. Ltd. (Seal Below) Bol.._. g,s,.A Note: Attach copy of authorization to sign if —\ Person signing for Contractor is not President, Title: t- , &•••\••\r t V\ t'• Vice President, Chief Executive Officer, or J Chief Financial Officer P.O. Box 9908 Address Corpus Christi,TX 78469 City State Zip 361/299-3721 * 361/289-2304 Phone Fax lentzi@bavltd.com Email END OF SECTION Agreement 00 52 23-6 Contract Renewal#E14021 Citywide SPMP 09-25-2013 SPMP YR 2 Renewal (Seal Coats) Time of completion: 365 Calendar Days Citywide Street Overlay& Sealcoat IDIQ Program-Year 2 SPMP YR 1 RENEWAL SPMP Project No. E14021 YR 2 A2-01 Mobilization/Bonds/Insurance;(not to exceed 5%of total bid amount)to be authorized LS $ 300,000.00 $ 166,250.00 A2-02 Traffic Control and SWPPP,Residential Streets;set-up,maintenance and removal, EA $ 860.00 $ 879.02 A2-03 Traffic Control and SWPPP,Collector Streets;set-up maintenance and removal,complete EA $ 3,400.00 $ 3,411.99 A2-04 Traffic Control and SWPPP,Arterial Streets;set-up maintenance and removal,complete EA $ 3,900.00 $ 3,911.99 A2-05 Ozone Days DAY $ 220.00 $ 220.00 A2-06 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(W)(8") LF $ 0.50 $ 0.50 (Solid),complete in place with all surface preparation,application,etc. Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness (W)(4") A2-07 LF $ 0.50 $ 0.50 (Broken),complete in place with all surface preparation,application,etc. A2-08 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(Y)(4")(Solid), LF $ 0.50 $ 0.50 complete in place with all surface preparation,application,etc. A2-09 Raised Pavement Markers(Reflectorized),Type IC,!IAA,or IIC-R,as applicable complete EA $ 4.50 $ 4.50 in place with all surface preparation,application,etc. Speed Humps,marked with Thermoplastic,Type C,with no preheating or asphalt A2-10 EA $ 2,400.00 $ 2,437.38 required,125 mill,complete in place with all surface preparation,application,etc. A2-11 Pavement Markings(White 24""Stop Bar"Markings),complete in place with all surface LF $ 15.75 $ 15.75 preparation,application,etc. Pavement Markings(Crosswalk Markings),complete in place(total width of crosswalk) A2-12 LF $ 55.00 $ 55.00 complete in place with all surface preparation,application,etc. Pavement Markings White"ONLY",complete in place with all surface preparation, A2-13 EA $ 280.00 $ 280.00 application,etc. Pavement Markings White Turn Arrow Markings(Right,Left,Straight),complete in place EA $ 220.00 $ 220.00 A2-14 with all surface preparation,application,etc. Curb Painting(Yellow No-Parking Zone),complete in place with all surface preparation, A2-15 LF $ 3.40 $ 3.40 applications,etc. Curb Painting(Red Fire Zone),complete in place with all surface preparation, A2-16 LF $ 3.40 $ 3.40 applications,etc. Computerized Profilograph Services to include street surface evaluations with calibrated A2-17 HR $ 140.00 $ 142.75 vehicle and equipment and approved reports Landscape Improvements,complete in place including 4"clean Top Soil,Sod,excavation, A2-18 SY $ 92.00 $ 94.08 backfill,compaction,with established growth Door Hangars,complete in place delivered to the business and residences(two per A2-19 LS $ 12,200.00 $ 12,483.73 property) A2-20 Type 1 Self-Supported Temporary Sediment Control Fence, complete in place, maintained and removed LF $ 14.00 $ 14.21 A2-21 Temporary Erosion Control Log,complete in place,maintained and removed EA $ 160.00 $ 161.05 A2-22 Street Sweeping,complete in place per curb mile Mile $ 800.00 $ 816.06 A2-23 Irrigation System Allowance and Miscellaneous Planting Allowance LS $ 500.00 $ 500.00 A2-24 Allowance for unanticipated General Improvements LS $ 5,000.00 $ 5,000.00 Attachment"A" Page 1 of 4 Part B-HMAC and Road Base Improvement Activities Subgrade Repair up to 2"Depth(Cold/Hot)HMAC complete in place with B2-01 SY/IN $ 23.60 $ 23.92 excavation/removal,placement,compaction etc. Subgrade Repair up to 4-6"Depth(cement stabilization)complete in place with B2-02 SY $ 41.00 $ 42.18 excavation/removal,placement,compaction etc. Subgrade Repair up to 6"Depth(cement stabilization)complete in place with B2-03 SY $ 10.70 $ 11.48 excavation/removal,placement,compaction etc. Cement stabilized base with typically 4%cement,existing limestone base,3-6 inches, B2-04 SY $ 4.10 $ 4.12 complete in place with all grading,mixing,compaction,etc. Base Repair,Upper 2"Depth(limestone)complete in place with excavation/removal, B2-05 SY $ 14.00 $ 14.18 placement,compaction etc. Base Repair,Additional 1"Depth(limestone)complete in place with excavation/removal, B2-06 SY $ 2.60 $ 2.63 placement,compaction etc. B2-07 HMAC Saw Cutting 2"Depth,complete in place LF $ 3.40 $ 3.41 B2-08 HMAC Saw Cutting Additional 1"Depth,complete in place LF $ 1.25 $ 1.25 Patching/Small Area Surface Restoration-HMAC,Type"D"per square yard/inch B2-09 SY/IN $ 13.25 $ 13.37 complete in place with small equipment placement,compaction,curing,hauling,etc. B2-10 Crack Seal complete in place with all surface preparation and application LF $ 5.60 $ 5.60 Asphalt material,AC-15P,for Sealcoat Per Single Course(one to five miles haul distance B2-11 from an approved site within City Limits)complete in place with all surface preparation, Gal $ 3.10 $ 3.10 application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HFRS-2P)typically applied at a rate ranging from 0.35 to 0.40 B2-12 Gal/SY,(one to five miles haul distance from an approved site within City Limits), Gal $ 3.55 $ 3.55 complete in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, B2-13 applied at approximately 150SY/CY,(one to five miles haul distance from an approved Ton $ 145.00 $ 146.56 site within City Limits),complete in place,haul,rolled,compacted,etc. Asphalt material,AC-15P,for Sealcoat Per Single Course(over five miles haul distance B2-14 from an approved site within City Limits)complete in place with all surface preparation, Gal $ 3.75 $ 3.75 application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HFRS-2P)typically applied at a rate ranging from 0.35 to 0.40 B2-15 Gal/SY,(over five miles haul distance from an approved site within City Limits),complete Gal $ 4.05 $ 4.05 in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, B2-16 applied at approximately 150SY/CY,(over five miles haul distance from an approved site Ton $ 180.00 $ 181.66 within City Limits),complete in place,haul,rolled,compacted,etc. Planing(Milling)(1"to 1 1/4")complete in place with all preparation,milling operations, B2-17 SY $ - $ hauling,etc. Planing(Milling)Additional(1")complete in place with all preparation,milling B2-18 SY $ - $ - operations,hauling,etc. B2-19 Proof Rolling complete in place with equipment,operator,etc. Hour $ 94.00 $ 95.80 Surface Treatment-HMAC,Type"D"per square yard/inch(one to five miles haul B2-20 distance from an approved site within City Limits)complete in place with tack coat(SS- SY/IN $ - $ - 1H),placement,compaction,curing,hauling,etc. Surface Treatment-HMAC,Type"D"per square yard/inch(over five miles haul distance B2-21 from an approved site within City Limits)complete in place with tack coat(SS-1H), SY/IN $ - $ - placement,compaction,curing,hauling,etc. B2-22 Allowance for unanticipated Street Improvements LS $ 15,000.00 $ 15,000.00 Attachment"A" Page 2 of 4 Part C-Concrete Activities(Curb&Gutter/Driveways/Sidewalks etc.) Removal and Replacement of multiple small segments of concrete Curb&Gutter, C2-01 complete in place with demo,disposal,forms,rebar,concrete,compaction,curing, LF $ 98.00 $ 99.50 finish,etc. Removal and Replacement of 6"concrete driveway approaches, complete in place with C2-02 SF $ 47.00 $ 47.75 demo,disposal,forms,rebar,concrete,compaction,curing,finish etc. Replacement of stamped 6"concrete driveway approaches, complete in place with C2-03 SF $ 54.00 $ 54.86 demo,disposal,forms,rebar,concrete,curing,compaction,finish,etc. Replacement of"washed"6"concrete driveway approaches, complete in place with C2-04 SF $ 54.00 $ 54.86 demo,disposal,forms,rebar,concrete,compaction,curing,finish etc. Replacement of driveway approaches,complete in place with High Early Strength 6" SF $ $ C2-OS Concrete complete in place with activity C-03 above C2-06 Temporary Driveway Access;set-up,maintenance and removal EA $ 1,200.00 $ 1,217.39 Removal of and Replacement of 4"Concrete Sidewalk&Bike paths,complete in place C2-07 SF $ 21.00 $ 21.30 with all demo,hauling,disposal,etc. New 4"Concrete Sidewalk&Bike paths, complete in place with demo,disposal,forms, C2-08 SF $ 18.50 $ 18.76 rebar,concrete,compaction,curing,finish,etc. C2-09 Concrete Saw Cutting 4"Depth,complete in place LF $ 6.70 $ 6.70 C2-10 Concrete Saw Cutting Additional 1"Depth,complete in place LF $ 1.40 $ 1.40 Concrete Joint Repairs for concrete roadways,removal and replacement,complete in C2-11 LF $ 22.00 $ 22.00 place with removal,cleaning,disposal,and placement of new joint material,etc. C2-12 Allowance for unanticipated Concrete improvements LS $ 1,500.00 $ 1,500.00 Part D-Minor Utility Adjustments(Manhole Ring&Cover/Valve Boxes etc.) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover Assembly with New Height Adjustment Rings,Stainless Steel Inflow Inhibitor and with D2-01 EA $ 1,800.00 $ 1,832.45 Concrete Collar,complete in place with demo,disposal,forms,rebar,concrete,curing, compaction,finish,etc. Storm Water Manhole Ring&Cover Adjustment,including New Manhole Ring and Cover D2-02 Assembly with New Concrete Collar,complete in place with demo,disposal,forms,rebar, EA $ 1,800.00 $ 1,832.45 concrete,curing,compaction,finish etc. Water Valve Adjustment with Concrete Collar,complete in place with demo,disposal, EA $ 850.00 $ 863.71 D2-03 forms,rebar,concrete,compaction,finish,etc. Replacement of Concrete Collars with High Early Strength Concrete(in addition to unit EA $ 0.85 $ 0.85 D2-04 price),complete in place with activity D-01 or D-02 above D2-05 Allowance for unanticipated Wastewater,Water and Stormwater improvements LS $ 2,500.00 $ 2,500.00 Attachment"A" Page 3 of 4 Part E-ADA Improvement Activities(Ramps/Approaches etc.) Removal and Replacement of concrete Curb&Gutter Returns adjacent to ADA Ramps, E2-03 LF $ - $ complete in place with demo,disposal,forms,rebar,concrete,etc. Removal and Replacement of 4"Concrete Sidewalk approaches to ADA Ramps,complete E2-02 SF $ - $ in place with demo,disposal,forms,rebar,concrete,etc. E2-03 New ADA TDLR Compliant Concrete Curb Ramp;complete in place with demo,disposal, SF $ - $ - forms,rebar,concrete,delineators,etc. E2-04 Remove and Replace ADA curb ramps not in compliance with TDLR with demo,disposal, SF $ $ forms,rebar,concrete,delineators,etc. New 4"Wide Concrete Header Curb(0 to 6"high)for offset elevation changes,complete _ E2-05 LF $ $ in place with demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. E2-06 Allowance for unanticipated ADA Improvements LS $ - $ - Attachment"A" Page 4 of 4 00 30 05 City of Corpus Christi Disclosure of Interest SUPPUER NUMBER TO BE ASSIGNED IW CITY C PURCHASING DIVISION City of CITY OF CORPUS CHRISTI City Cus DISCLOSURE OF INTEREST hristi 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: L A- . P.O.BOX: ? c1 o Q STREET ADDRESS: I q 14 V o`,, f o W o� CITY: Cotp�< ( Ak ZIP: 1g4 pct FIRM IS: 1. Corporation 2. Partnership 1 3. Sole Owner 0 4. Association e 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 �1 (A. Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 1v 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N IA 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." NameConsultant NI/A 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)1 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: C`•� -}- Title: �5�- w-o��.�, )sn 9 . (T ) Signature of Certifying Date: Person: 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 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. 0 Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of Q/Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business is in the State of Texas. The Owner will use the information provided in the State of Texas Comptroller's annual publication of other states' laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: (typed or printed) By: L. ignature—attach evidence of authority to sign) Name: 7o.. 1... (typed or printed) Title: n� M Business address: o . cL c.Og Cor S C� 1,', V, ) fim( 17 Li f c ck Phone: '29Q► — 37/A Email: � -e.►�-z" 130-1 LAA� C©..- END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 [Insert Project Name and Number] 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 Dare 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. ) -1-/'A Check 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.) Name of local government officer with whom filer has employment or business relationship. (jA Name of Officer This section (item 3 including subparts A, B, C & 0) 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? 1-1YesnNo 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? nYes nNo 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? n Yes n No D. Describe each employment or business relationship with the local government officer named in this section. S Sig .�- of person doing business with the governmental entity Date Adopted 06/29/2007 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: Insert Project Name Insert Project Number 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. Company Name: 13 c 1 L$c • (typed or printed) By: y sign re-attach evidence of authority to sign) Name: \.)-Or. L -t,.-TL (typed or printed) Title: SI-,,w. ..'V% n® N1 / . Business address: C. 0. �j o x ck 40 R � l . Qy TN A S �4..t•15 V 1M(� . -7R 4'6`i Phone: act et - W./2A \ L .te, „�Z.)&- e.� 1..„ -4,. ("Ors" END OF SECTION Non-Collusion Certification 00 30 06-1 [Insert Project Name and Number] 11-25-2013 00 6113 PERFORMANCE BOND BOND NO. 929592831 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 Contract Renewal Proi.#E14021 Citywide Street Preventative Maintenance Program Year 2 IDIQ (Contract Renewal No. 1 of Original#E12215 Telephone(for notice of claim): Citywide Street Overlay&Sealcoat IDIQ Pilot SEE ATTACHED Program) Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Approved Date of Contract: March 3 201 Address: 500 N. SHORELINE BLVD,STE 1200 Contract Price: $3,325,000.00 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Bond Email Address: mmoore@s—qins.corn Date of Bond: MARCH 20, 2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 61 13-1 #E14021 Citywide SPMP Year 2 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. Contract s Principal Surety Signature: �C' Signature: ls (f100-1727/7-p00Name: v`0 — `... ,Q.,% }-Z Name: MA LLEN MOORE Title: St')n..4.A2.nJ IVI '4.. Title: ATTY IN FACT Email Address: LQ,,�4-._,', oeJ ga tLa.1, Covv' Email Address:mmoore@s-gins.corn (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 #E14021 Citywide SPMP Year 2 7-8-2014 00 61 16 PAYMENT BOND BOND NO. 929592831 Contractor as Principal Surety Name: Berry Contracting,LP dba Bay,Ltd. Name: CONTINENTAL CASUALTY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): P.O.Box 9908 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78469 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas SAME Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 713-513-6301 Contract Renewal Prot#E14021 Citywide Street Preventative Maintenance Program Year 2 IDIQ (Contract Renewal No. 1 of Original#E12215 Telephone(for notice of claim): Citywide Street Overlay&Sealcoat IDIQ Pilot SEE ATTACHED Program) Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Approved Date of Contract:March 3,2015 Address: 500 N. SHORELINE BLVD. STE 1203 CORPUS CHRISTI, TEXAS 78401 Contract Price: $3,325.000.00 Bond Telephone: 361-883-1711 Email Address: mmoore@s—gins.corn Date of Bond: MARCH 20, 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#E14021 Citywide SPMP Year 2 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 // Signature: Signature: �� iyt Name: 70v L�,n ..Z, Name: MARY L N MOORE Title: s�•, -; Mgt+, Title: ATT TN FACT Email Address: � �,, i (.P.. L j- A. C, Email Address: mmoore@s—gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj#E14021 Citywide SPMP Year 2 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. CAsUi ,. UMSUR4 Continental Casualty Company ��� , '�F c National Fire Insurance Company of Hartford tff;E;, c S occwoJULY 71, y ..., 10-f I " < I9o2 .a 1897 NARK6. • • F Paul T.Bruflat Vice 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. J.MOHR � (�NOTARY PUdLK(� ( -7Y74A-- ) .` SOUTH DAKOTA` 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 20 day of MARCH , 2015 . 26�eASW4ly WSI, ,� pANYOA Continental Casualty Company e �a National Fire Insurance Company of Hartford cot+vaurE ( p ,) a. SWC a►arf0 X American Casualty Company of Reading,Pennsylvania 2 JU71, 1C l'' eL0/1"1...SLotn"- ) SEAL <- • 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 78714-9104, or fax 512-475-1771. PREMIUM Of CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH This NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached documents. ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `..--- 3/19/2015 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 CONT Nicole Brummett Higginbotham/Swantner&Gordon PHONE 361-883-1711 FAX 361-844-0101 PO Box 870 A/C,No Frt)• (AIC.Nol: Corpus Christi TX 78403DRESS:nbrummett@higginbotham.net INSURERS)AFFORDING COVERAGE NAIC 0 INSURER A:ACE American Insurance Company 22667 INSURED BERRYI 3 INSURER B:Indian Harbor Insurance Company 26940 Berry Contracting, LP ✓ INSURER C:AGCS Marine Insurance Company 22837 dba Bay,Ltd. INSURER D:ACE Property&Casualty Insurance C 20699 P.O.Box 4858 Corpus Christi TX 78469-4858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1329109503 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 ADM SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSD WVD POLICY NUMBER (MMIDD/YYYY) (MMUDD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY J HDOG27331725 5/20/2014 5/20/2015 EACH OCCURRENCE $2,000,000 DAMAGE TO R CLAIMS-MADE X OCCUR V `.- PREMISES(EaENTED occurrence) $100,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 X POLICY - PRO LOC PRODUCTS-COMP/OP AGG $5,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y ISAH08820041 5/20/2014 5/20/2015 COMBINED SINGLE LIMIT $ (Ea accident 2,000,000 ✓ X ANY AUTO �,' BODILY INJURY(Per person) $ � OOWNED SSCOEDULED BODILY INJURY(Per accident) $ — NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X MCS-90 $ D X UMBRELLA UAB XIOCCUR X00G27319889 5/20/2014 5/20/2015 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS-MADE v AGGREGATE $25,000.000 DED X RETENTION$25,000 $ 1 A WORKERS COMPENSATION V WLRC47886715 5/20/2014 5/20/2015 X STATUTE TH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNERJEXECUTIVE V E.L.EACH ACCIDENT $2,000,000 V OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B Contractors Pollution CPL742031901 5/20/2014 5/20/2015 Pollution Condition $25,000,000 C Contractors Equipment MXI93045861 11/1/2014 11/1/2015 Pollution Aggregate $25,000,000 CE-Leased/Rented $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Please see attached Acord 101 Form for additional policy and coverage information. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi-Capital Programs ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Sylvia Arriaga-Contracts Admin. PO Box 9277 AUTHORIZED R PRESENTATIVE Corpus Christi TX 78469-9277 1 ©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 LOC#: AC© ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED ,Higginbotham/Swantner&Gordon Berry Contracting,LP dba Bay, Ltd. POLICY NUMBER P.O.Box 4858 Corpus Christi TX 78469-4858 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization CG2010 10/01,and Additional Insured-Owners, Lessees or Contractors- Completed Operations CG2037 10/01.The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others To Us CG2404 05/09.The General Liability policy includes a primary and non-contributory endorsement- Non-Contributory Endorsement For Additional Insureds Form LD-20287(06/06)only when there is a written contract requiring such,and Construction Project(s)General Aggregate Limit LD-21732(01/07)-$5,000,000 Aggregate Per Project. The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement—Schedule Notice by Insured's Representative ALL-32686 (01/11). The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Designated Persons or Organizations DA-9U74a(04/11). The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others DA-13115(06/13). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement— Schedule Notice by Insured's Representative ALL-32686(01/11). The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Our Right to Recover From Others Endorsement WC000313 11/05&Texas aiver of Our Right to Recover From Others Endorsement WC420304A(1/00).The Workers Compensation policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement WC000106A 0492,Outer Continental Shelf Lands Act Coverage Endorsement WC000109B(07/11),Maritime Coverage Endorsement-Limits of Liability$1,000,000 Each Accident/Aggregate,and includes Transportation,Wages,Maintenance&Cure WC000201A(04/92),Voluntary Compensation Employers Liability Coverage Endorsement WC000311A(08/91)&Voluntary Compensation Maritime Coverage Endorsement WC000203(4/84),and a blanket automatic alternate employer endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Alternate Employer Endorsement WC000301A(Ed 02/89). The Workers Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice to Others Endorsement—Schedule Notice by Insured's Representative WC 99 03 69(01/11). The Contractors Equipment includes Blanket Additional Insured and/or Loss Payees Endorsement—Written Agreement-Endorsement 009. Project:Contract Renewal Proj.#E14021 Citywide Street Preventative Maintenance Program Year 2(Original#E12215 Citywide Street Overlay&Sealcoat ID/IQ Pilot Program) V ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDO G27331725 " Endorsement Number: 37 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: .j COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location:All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or equipment include as an insured the person or organization furnished in connection with such work, on the shown in the Schedule, but only with respect to project (other than service, maintenance or liability arising out of your ongoing repairs) to be performed by or on behalf of the operations performed for that insured. additional insured(s) at the site of the covered operations has been completed; or B. With respect to the insurance afforded to (2) That portion of"your work" out of which the injury these additional insureds, the following or damage arises has been put to its intended use exclusion is added: by any person or organization other than another contractor or subcontractor engaged in performing 2. Exclusions operations for a principal as a part of the same This insurance does not apply to "bodily project. injury" or "property damage" occurring after: CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: HDO G27331725 Endorsement Number. 36 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss Location and Description of Completed Operations: All locations where you perform work for such additional insured pursuant to any such written contract. Additional Premium: $Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 3710 01 ®ISO Properties, Inc., 2000 Page 1 of 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Bent'GP, Inc. l 16 Policy Symbol Policy Number V Policy Period Effective Date of Endorsement HDO G27331725 05/20/2014 to 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES-THE POLICY. PLEASE READ IT-CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Oroanization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (If no information is filled in,the schedule shall read:"All persons or entities added as additional insureds through an endorsement with the term"Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to Section IV.4,a: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured")for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Agent LD-20287(06/06) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number 18 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G27331725 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us. our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. . 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. 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. illf Authorized Representative ALL-32686(01/11) Page 1 of 1 • ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Berry GP, Inc. Endorsement Number 3 Policy Symbol Policy Number i (Policy Period Effective Date of Endorsement ISA H08820041 N 05/20/2014 TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company The above Is required to be core eted only wher this eidorsement is Issued subsequent to the preparatlor of the colicy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an insured" only for ''bodily injury" or "property damage"resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74a(04/11) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number I 9 Policy Symbol I Policy Number . y Period Effective Date of Endorsement ISA H08820041 105/20/2014 To 05/20/2015 +Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is:ssued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing ycur representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. ; Authorized Representative ALL-32686(01/11) Page 1 c"' Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number BERRY GP, INC. P.O. BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number:C47886715 '4 Policy Period Effective Date of Endorsement 05-20-2014 TO 05-20-2015 05-20-2014 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsements issued subsequent to the preparation of tie policy. • NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect 0 information that you or your representative may use. 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. 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