Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C2018-346 - 1/23/2018 - Approved
2018-346 1/23/18 M2018-011 Bay Ltd. 00 52 23 AGREEMENT This Agreement,for the Project awarded on January 23,2018,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: Yorktown Boulevard-Lake Travis to Everhart(Bond 20141 E13093 ARTICLE 2-DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: INV,Inc. 801 Navigation Blvd.,Suite 300 Corpus Chrsiti,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza,P.E.-Construction Management Engineer City of Corpus Christi-Engineering Services 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 210 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 240 days after the date when the Contract Times commence to run. B. Milestones,and the dates for completion of each,are as defined in SECTION 01 35 00 SPECIAL PROCEDURES. 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 Agreement 00 52 23-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No.E13093 Rev 06•21•2016 INDEXED CONTRACT DOCUMENTS FOR CONSTRUCTION OF YORKTOWN BOULEVARD LAKE TRAVIS TO EVERHART BOND 2014 PROJECT NUMBER E13093 f t F%% =PSE OF TF��� DENNIS L. MILLER i 51503 % 0;FCENSO �*�City of Corpus Christi engineers I architects I surveyors TBPE FIRM NO. F•-366 Record Drawing Number STR 896 October 27, 2017 000100 TABLE OF CONTENTS Division/ Title Section Division 00 Procurement and Contracting Requirements 00 21 13 Invitation to Bid and Instructions to Bidders (Rev 01 13.2016) 00 30 00 Bid Acknowledgment Form (Rev 01-13-2016) 00 30 01 Bid Form (Rev01-13-2016) 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 05 Disclosure of Interest(Rev 01-13-2016) 00 30 06 Non-Collusion Certification 00 45 16 Statement of Experience (Rev 06-22-2016) 00 52 23 Agreement(Rev 06-22-2016) 00 61 13 Performance Bond (Rev01-13-2016) 00 61 16 Payment Bond (Rev 01-13-2016) 00 72 00 General Conditions (Rev3-23-2015) 00 72 01 Insurance Requirements(Rev06-22-2016) 00 72 02 Wage Rate Requirements(Rev 06-12-2015) 00 72 03 Minority/MBE/DBE Participation Policy(Rev 01-13-2016) 00 73 00 Supplementary Conditions Division 01 General Requirements 011100 Summary of Work(Rev 01-13-2016) 012310 Alternates and Allowances 012900 Application for Payment Procedures(Rev03-11-2015) 012901 Measurement and Basis for Payment (Rev 01-13-2016) 013100 Project Management and Coordination (Revo1-13-2016) 013113 Project Coordination 01 31 14 Change Management 013300 Document Management 013301 Submittal Register(Rev 7/3/2014) 013302 Shop Drawings 013303 Record Data 013304 Construction Progress Schedule 013305 Video and Photographic Documentation 013500 Special Procedures Table of Contents 000100-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Division/ Title Section 014000 Quality Management 015000 Temporary Facilities and Controls 015700 Temporary Controls 017000 Execution and Closeout Requirements Part S Standard Specifications 020 SITE ASSESSMENTS&CONTROLS 020100 Survey Monuments 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022 EARTHWORK 022020 Excavation and Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence 025 ROADWAY 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter,Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment 025418 Surface Treatment 025424 Hot Mix Asphaltic Concrete Pavement(Class A) 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025802 Temporary Traffic Controls During Construction 025805 Work Zone Pavement Markings Table of Contents 000100-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Division/ Title Section 025807 Pavement Markings(Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words and Emblems 025816 Raised Pavement Markers 025818 Reference—TOOT DMS-4200 Pavement Markers (Reflectorized) 025828 Reference—TOOT DMS-6130 Bituminous Adhesive for Pavement Markers 028 SITE IMPROVEMENTS& LANDSCAPING 028020 Seeding 028040 Sodding 030 CONCRETE, GROUT 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 050 METALS 0554200 Frames,Grates, Rings and Covers Part T Technical Specifications Item 618 Conduit Item 624 Ground Boxes Cut Sheets Quazite Gound Boxes T-021000 Engineering Geosynthetics, Paving Mat HS (High Strength) Interlayer Appendix Title A Geotechnical Report with Supplements No. 1 and No.2 B Subsurface Utilities Investigation Report END OF SECTION Table of Contents 000100-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in this Invitation to Bid and Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. ARTICLE 2—GENERAL NOTICE 2.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Yorktown Boulevard—Lake Travis to Everhart(Bond 2014) Owner's Proiect Identification No. E13093 A. The proposed improvements will included full-depth pavement repairs in identified locations, planing(milling)of existing asphaltic pavement,crack sealing,asphalt overlay with high-strength engineered paving mat interlaver product, removal and replacement of minor quantities of concrete curb&gutter and concrete sidewalk at designated locations, installation of PVC electrical conduit for street light wiring and future IT cables, minor landscaping and irrigation rehabilitation,and associated improvements such as storm water pollution prevention controls, pavement markings and signage,and temporary traffic controls during construction,for approximately 3,850 linear feet of 4- lane divided arterial street. Coordination with contractor for adjacent City street project #E13096 will also be required. 2.02 The Engineer's Opinion of Probable Construction Cost for the Project is$2,458,000. The Project is to be substantially complete and ready for operation within 232 days. The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. 2.03 Advertisement and bidding information for the Project can be found at the following website: www.CivCastUSA.com 2.04 Contract Documents may be downloaded or viewed free of charge at this website. This website will be updated periodically with Addenda, lists of interested parties, reports,or other information relevant to submitting a Bid for the Project. ARTICLE 3— DELIVERY AND OPENING OF BIDS 3.01 Bids must be received no later than 2:00 pm on Wednesday, November 29,2017 to be accepted. Bids received after this time will not be accepted. It is the sole responsibility of the Bidder to deliver the Bid, electronic or hard copy, by the specified deadline. 3.02 Complete and submit the Bid Form,the Bid Bond and the Bid Acknowledgement Form along with all required documents identified in the Bid Acknowledgement Form. Invitation to Bid and Instructions to Bidders 00 21 13-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 3.03 Electronic Bids may be submitted to the CivCast website at www.civcastusa.com. 3.04 If submitting a hard copy bid or bid security by cashier's check or money order, please address envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Proiect No. E13093 All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 3.05 Bids will be publicly opened and read aloud at 2:00 pm on Wednesday,November 29,2017, at the following location: City Hall Building— City of Corpus Christi Third Floor Engineering Services Smart Board Conference Room, located through the Parks and Recreation Department entry 1201 Leopard Street Corpus Christi,Texas 78401 3.06 The Owner will read aloud the names of the Bidders and the apparent Bid amounts shown on the Bid Summary for all Bids received in time to be considered. ARTICLE 4—PRE-BID CONFERENCE 4.01 A non-mandatory pre-bid conference for the Project will be held on Tuesday, November 21, 2017 at 10:00 am at the following location: City Hall Building—Engineering Services Conference Room 1 or 2 3`d floor, Engineering Services 1201 Leopard Street, Corpus Christi,Texas 78401 ARTICLE 5—COPIES OF CONTRACT DOCUMENTS 5.01 Obtain a complete set of the Contract Documents as indicated in SECTION 00 52 23 AGREEMENT. Invitation to Bid and Instructions to Bidders 002113-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 0113-2016 5.02 Use complete sets of Contract Documents in preparing Bids; Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. 5.03 OPT makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use. ARTICLE 6—EXAMINATION OF CONTRACT DOCUMENTS 6.01 Before submitting a Bid: A. Examine and carefully study the Contract Documents, including any Addenda and related supplemental data. B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. C. Carefully study and correlate the information available to the Bidder with the Contract Documents,Addenda, and the related supplemental data. D. Notify the OAR of all conflicts, errors, ambiguities, or discrepancies that the Bidder discovers in the Contract Documents,Addenda, and the related supplemental data. E. Determine that the Contract Documents,Addenda,and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. 6.02 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 5,that without exception the Bid is premised upon completion of Work required by the Contract Documents,Addenda, and the related supplemental data,that the Bidder has given the OAR written notice of all conflicts, errors, ambiguities, and discrepancies that the Bidder has discovered in the Contract Documents,Addenda, and the related supplemental data and the written resolutions provided by the OAR are acceptable to the Bidder, and that the Contract Documents,Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work. ARTICLE 7—INTERPRETATIONS AND ALTERNATE BIDS 7.01 Submit all questions about the meaning or intent of the Contract Documents,Addenda, and the related supplemental data using the Owner's Bidding Website at www.civcastusa.com. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 7.02 Submit any offer of alternate terms and conditions, or offer of Work not in strict compliance with the Contract Documents to the OAR no later than 14 days prior to the date for opening of Bids. OAR and Designer will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, may be considered non-responsive. Invitation to Bid and Instructions to Bidders 002113-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 7.03 Addenda may be issued to clarify,correct,or change the Contract Documents,Addenda or the related supplemental data as deemed advisable by the Owner or Designer. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 8—BID SECURITY 8.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 10 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5 percent(5%) of the greatest amount bid. 8.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check, money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 3. 8.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent(5%)of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or b. fails to provide the required Performance and Payment Bonds. 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 8.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not be considered. 8.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. 8.06 Owner may annul the Notice of Award and the Bid Security of the Bidder will be forfeited if the apparent Selected Bidder fails to execute and deliver the Agreement or Amendments to the Agreement. The Bid Security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of 7 days after the Effective Date of the Contract or 90 days after the date Bids are opened. 8.07 Bid Securities are to remain in effect until the Contract is executed. The Bid Securities of all but the three lowest responsible Bidders will be returned within 14 days of the opening of Bids. Bid Invitation to Bid and Instructions to Bidders 002113-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01 13-2016 Securities become void and will be released by the Owner when the Contract is awarded or all Bids are rejected. ARTICLE 9—PREPARATION OF BID 9.01 The Bid Form is included with the Contract Documents and has been made available at the Owner's Bidding Website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate Bid prices for each Bid item or alternate shown. 9.02 Execute the Bid Acknowledgement Form as indicated in the document and include evidence of authority to sign. 9.03 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive. 9.04 Provide the name, address, email, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Acknowledgement Form. 9.05 Provide evidence of the Bidder's authority and qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the Contract. ARTICLE 10—CONFIDENTIALITY OF BID INFORMATION 10.01 In accordance with Texas Government Code 552.110,trade secrets and confidential information in Bids are not open for public inspection. Bids will be opened in a manner that avoids disclosure of confidential information to competing Bidders and keeps the Bids from the public during considerations. All Bids are open for public inspection after the Contract is awarded, but trade secrets and confidential information in Bids are not typically open for public inspection. The Owner will protect this information to the extent allowed by Laws and Regulations. Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word "confidential" prominently on each page or sheet or on the cover of bound documents. Place "confidential" stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Photocopies of"confidential" documents will be made only for the convenience of the selection committee and will be destroyed after the Effective Date of the Contract. Original confidential documents will be returned to the Bidder after the Effective Date of the Contract if the Bidder indicates that the information is to be returned with the Bid, and arrangements for its return are provided by the Bidder. ARTICLE 11—MODIFICATION OR WITHDRAWAL OF BID 11.01 A Bid may be withdrawn by a Bidder, provided an authorized individual of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids. 11.02 A Bidder may withdraw its Bid within 24 hours after Bids are opened if the Bidder files a signed written notice with the Owner and promptly, but no later than 3 days,thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Invitation to Bid and Instructions to Bidders 002113-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01.13-2016 Owner that there was a material and substantial mistake in its Bid. A Bidder that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued invitation to Bid for the Work to be furnished under these Contract Documents. ARTICLE 12—BIDS REMAIN SUBJECT TO ACCEPTANCE 12.01 All Bids will remain subject to acceptance for 90 days, but the Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 13—STATEMENT OF EXPERIENCE 13.01 The three lowest Bidders must submit the information required in SECTION 00 45 16 STATEMENT OF EXPERIENCE within 5 days of the date Bids are due to demonstrate that the Bidder meets the minimum requirements to complete the Work. ARTICLE 14—EVALUATION OF BIDS 14..01 The Owner will consider the amount bid,the Bidder's responsibilities,the Bidder's safety record, the Bidder's indebtedness to Owner,the Bidder's capacity to perform the work and/or whether the Bidder has met the minimum specific project experience requirements. 14.02 Owner may conduct such investigations as it deems necessary to establish the responsibility of the Bidder and any Subcontractors, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents. 14.03 Submission of a Bid indicates the Bidder's acceptance of the evaluation technique and methodology as well as the Bidder's recognition that some subjective judgments must be made by the Owner during the evaluation. Each Bidder agrees to waive any claim it has or may have against the OPT and their respective employees, arising out of or in connection with the administration, evaluation,or recommendation of any Bid. ARTICLE 15—AWARD OF CONTRACT 15.01 The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive bid. Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive or conditional Bids. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices and/or waive any or all formalities. 15.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. ARTICLE 16—MINORITY/MBE/DBE PARTICIPATION POLICY 16.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. 16.02 Minority participation goal for this Project has been established to be 45%. Invitation to Bid and Instructions to Bidders 002113-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 16.03 Minority Business Enterprise participation goal for this Project has been established to be 15%. ARTICLE 17—BONDS AND INSURANCE 17.01 Article 6 of the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS sets forth the Owner's requirements as to Bonds and insurance. When the Selected Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Bonds and evidence ofinsurance. 17.02 Provide Performance and Payment Bonds for this Project that fully comply with the provisions of Texas Government Code Chapter 2253. Administration of Bonds will conform to Texas Government Code Chapter 2253 and the provisions of these Contract Documents. ARTICLE 18—SIGNING OF AGREEMENT 18.01 The City Engineer or Director of Capital Programs will submit recommendation for award to the City Council for those project awards requiring City Council action. The Selected Bidder will be required to deliver the required Bonds and insurance certificates and endorsements along with the required number of counterparts (1)of the Agreement and attached documents to the Owner within 14 days.The Contract will be signed by the City Manager or his/her designee after award and the Bidder's submission of required documentation and signed counterparts. The Contract will not be binding upon Owner until it has been executed by both parties. Owner will process the Contract expeditiously. However,Owner will not be liable for any delays prior to the award or execution of Contract. ARTICLE 19—SALES AND USE TAXES 19.01 The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any City or State sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Assume responsibility for including any applicable sales taxes in the Contract Price and assume responsibility for complying with all applicable statutes and rulings of the State of Texas Comptroller. 19.02 It is the Owner's intent to have this Contract qualify as a "separated contract." ARTICLE 20—WAGE RATES 20.01 This Contract is subject to Texas Government Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in SECTION 00 72 02 WAGE RATE REQUIREMENTS. Bidders must pay not less than the minimum wage shown on this list and comply with all statutes and rulings of the State of Texas Comptroller. ARTICLE 21—BIDDER's CERTIFICATION OF NO LOBBYING 21.01 In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees,consultants,or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process,the City may, in its discretion, reject the Bid. Invitation to Bid and Instructions to Bidders 002113-7 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 ARTICLE 22—CONFLICT OF INTEREST 22.01 Bidder agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information on Form CIQ and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. ARTICLE 23—CERTIFICATE OF INTERESTED PARTIES 23.01 Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE 24-REJECTION OF BID 24.01 The following will be cause to reject a Bid: A. Bids which are not signed by an individual empowered to bind the Bidder. B. Bids which do not have an acceptable Bid Security,with Power of Attorney, submitted as required by Article 8. C. More than one Bid for same Work from an individual,firm, partnership or corporation. D. Evidence of collusion among Bidders. E. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by bidder to comply with subject contract or instructions of Owner. F. Failure to have an authorized agent of the Bidder attend the mandatory Pre-Bid Conference, if applicable. G. Bids received from a Bidder who has been debarred or suspended by Owner. K Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or cause to deem a Bid non-responsive or irregular. The City reserves the right to waive any irregularities and any or all formalities: A. Poor performance in execution of work under a previous City of Corpus Christi contract. B. Failure to achieve reasonable progress on an existing City of Corpus Christi contract. Evidence of Bidder's recurring failure to complete an item of work within a timeframe acceptable to the City or in accordance with a City-accepted schedule is evidence of Bidder's failure to achieve reasonable progress under this subsection. C. Default on previous contracts or failure to execute Contract after award. D. Evidence of failure to pay Subcontractors,Suppliers or employees in accordance with Contract requirements. E. Bids containing omissions, alterations of form,additions, qualifications or conditions not called for by Owner, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid. Invitation to Bid and Instructions to Bidders 002113-8 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 0113-2016 F. Failure to acknowledge receipt of Addenda. G. Failure to submit post-Bid information specified in Section 00 45 16 STATEMENT OF EXPERIENCE within the allotted time(s). H. Failure to timely execute Contract after award. I. Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency,Texas Commission on Environmental Quality, etc.). J. Bidder's Safety Experience. K. Failure of Bidder to demonstrate,through submission of the Statement of Experience,the experience required as specified in Section 00 45 16 STATEMENT OF EXPERIENCE, if that Section is included in the bidding documents. L. Evidence of Bidder's lack of sufficient resources,workforce,equipment or supervision, if required by inclusion of appropriate requirements in Section 00 45 16 STATEMENT OF EXPERIENCE. M. Evidence of poor performance on previous Projects as documented in Owner's project performance evaluations. N. Unbalanced Unit Price Bid: "Unbalanced Bid" means a Bid,which includes a Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project. 0. Evidence of Bidder's lack of capacity to perform the Work. Evidence of Bidder's lack of capacity. Evidence of capacity to perform the Work will include a factual review of(i)all remaining work or incomplete work items under any existing city or non-city contract; (ii) ability to perform the Work with remaining sufficient resources,workforce,equipment and supervision/supervisory staff; (iii) ability in the past to timely complete the same or similar work in a good and workmanlike manner utilizing same or similar remaining resources or under the same or similar conditions. Evidence of incomplete work items under any existing City-awarded IDIQ or other contract for similar work may constitute a lack of capacity to perform the Work. END OF SECTION Invitation to Bid and Instructions to Bidders 002113-9 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents,this Bid Proposal is submitted by (type or print name of company) on:Wednesday, November 29,2017 at 2:00 pm for Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid -Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION 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 Bid Acknowledgement Form 003000-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 0113 2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods,techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations,tests, studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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 Bid Acknowledgement Form 003000-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No.E13093 Rev 01-13-2016 all additional examinations, investigations, explorations,tests,studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidder's entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid,the Bidder's responsibility, the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids,to waive any and all irregularities in the Bids,or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner, changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 150 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 232 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. 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. Bid Acknowledgement Form 003000-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 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. 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: Bidder: (typed or printed full legal name of Bidder) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Attest: (individual's signature) State of Residency: Federal Tax Id. No. Address forgiving notices: Phone: Email: (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.) Bid Acknowledgement Form 003000-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 END OF SECTION Bid Acknowledgement Form 003000-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 30 01 BID FORM Project Name: Yorktown Boulevard- Lake Travis to Everhart (Bond 2014) Project Number: E13093 Owner: City of Corpus Christi Bidder: OAR: Designer: LNV, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 A2 Bonds& Insurance LS 1 A3 Ozone Advisory Day DAY 2 A4 Survey Monument EA 2 AS JSWPPP LS 1 A6 Block Sodding SY 1,311 A7 Seeding for Erosion Control SY 100 A8 Silt Fence for Storm Water Pollution Prevention LF 100 A9 Curb Inlet Protection LF 307 A10 IStabilized Construction Entrance EA 2 All ITemporary Traffic Controls During Construction LS 1 SUBTOTAL PART A-GENERAL(Items Al thru A10) Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Street Excavation SY 9,635 B2 12" Compacted Subgrade SY 9,635 B3 Triaxial Geogrid (Tensar TriAx TX5) SY 9,635 12" Crushed Limestone Flexible Base B4 (Type A, Grade 1-2) SY 9,635 B5 Prime Coat(0.15 Gal/SY) GAL 1,445 B6 One-Course Surface Treatment Underseal SY 9,635 B7 Hot Mix Asphalt Concrete Pavement Type B Base Course (3") SY 9,635 B8 Asphalt Planing (Milling) (3" to 3-1/4") SY 24,970 B9 Asphalt Planing (Milling) (Additional 1"to 1-1/4") SY 500 B10 Asphalt Crack Sealing LF 2,000 B11 Tack Coat for Engineered Paving Mat (PG 70-22) GAL 4,994 B12 Engineered Paving Mat(H.S.) (Tensar GlasPave 50) SY 24,970 B13 Hot Mix Asphalt Concrete Pavement Type D Surface Course (3") SY 1 24,970 Bid Form Page 1 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-132016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B14 Hot Mix Asphalt Conc. Pvmt.Ty. D Surface Course (Additional 1") SY 1,000 B15 Asphalt Pavement Repair(Type D) (7") SF 485 B16 4" Concrete Median Cap (Class A) SF 1,250 B17 Prefab. Pavement Marking Type C(W) (ARROW) EA 23 B18 Prefab. Pavement Marking Type C(W) ("ONLY") EA 21 B19 Prefab. Pavement Marking Type C(W) (Yield Marking) (Triangle) LF 66 B20 Refl. Pavement Marking Type I (Y) (4") (Solid) LF 6,532 B21 Refl. Pavement Marking Type I (W) (4") (Broken) LF 2,150 B22 Refl. Pavement Marking Type I (W) (8") (Solid) LF 3,069 B23 Refl. Pavement Marking Type I (W) (24") (Solid) LF 681 B24 Type II-C-R Raised Pavement Marker(Reflectorized) EA 221 B25 Remove Existing Street Signs and Regulatory Signs LS 1 B26 Street Sign Assembly w/9" Blades (Green) &STOP or YIELD Sign EA 15 B27 NO PARKING Sign EA 7 B28 Other Regulatory Sign EA 26 B29 Computerized Profilograph Services HR 4 B30 Allowance for Unanticipated Street-Related LS 1 Improvements 1 1 $30,000.00 $30,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B30) Part C-A.D.A.PEDESTRIAN IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Remove & Replace Existing 4" Concrete C1 Sidewalk(Class A) SF 9,333 C2 Concrete Curb Ramp (Class A) SF 1,119 Prefab. Pavement Marking Type C C3 for Crosswalks(W) (24") (Solid) LF 252 SUBTOTAL PART C-A.D.A.PEDESTRIAN IMPROVEMENTS(Items C1 thru C3) Part D-GAS LINE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Adjust Existing Gas Valve Stem Casing to Finish Grade EA 2 SUBTOTAL PART D-GAS LINE IMPROVEMENTS(Item D1) Part E-LANDSCAPING&IRRIGATION REHABILITATION(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Replace Trees and Ground Vegetation LS 1 E2 Replace Irrigation Lines LF 1,800 E3 Replace Sprinkler Head EA 40 E4 Replace Controller EA 3 E5 Allowance for Unanticipated Landscaping LS 1 Rehabilitation I 1 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART E-LANDSCAPING&IRRIGATION REHABILITATION(Items E1 thru ES) Bid Form Page 2 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED QUANTITY AMOUNT Part F-ELECTRICAL CONDUIT FOR FUTURE I.T.(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 2" Dia. PVC(Sch.40) Elec. Conduit w/ Mule Tape F1 for Future IT LF 2,383 F2 2" Dia. PVC Cap EA 2 F3 24" x 36" x 18" Ground Box for IT Conduit EA 6 SUBTOTAL PART F-ELECTRICAL CONDUIT FOR FUTURE I.T.(Items F1 thru F3) Part G-STREET LIGHTING CONDUIT(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 3" Dia. PVC(Sch.40) Elec. Conduit w/Mule Tape G1 for Street Lights LF 2,342 G2 3" Dia. PVC Cap EA 2 G3 11" x 18" x 18" Ground Box for Street Lighting Conduit EA 12 SUBTOTAL PART G-STREET LIGHTING CONDUIT(Items G1 thru G3) Part H-STORM WATER(DRAINAGE)IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 Adjust Existing Storm Water Manhole to Finish Grade EA 1 H2 Remove & Replace Existing 6" Concrete Curb &Gutter LF 292 H3 Allowance for Unanticipated Storm Water Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART H-STORM WATER(DRAINAGE) IMPROVEMENTS(Items H1 thru H7) Part I-WATER DISTRIBUTION IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 JAdjust Existing Water Valve Stem Casing to Finish Grade EA 3 12 JAllowance for Unanticipated Water Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART I-WATER DISTRIBUTION IMPROVEMENTS(Items 11 thru 12) Part J-WASTEWATER(SANITARY SEWER)IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) J1 JAdjust Existing Wastewater Manhole to Finish Grade I EA 1 J2 JAIlowance for Unanticipated Wastewater Improvements I LS 1 $ 2,500.00 $ 2,500.00 SUBTOTAL PART J-WASTEWATER(SANITARY SEWER)IMPROVEMENTS(Items J1 thru J2) Bid Form Page 3 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru All) SUBTOTAL PART B-STREET IMPROVEMENTS (Items B1 thru B30) SUBTOTAL PART C-A.D.A PEDESTRIAN IMPROVEMENTS(Items C1 thru C3) SUBTOTAL PART D-GAS LINE IMPROVEMENTS (Item D1) SUBTOTAL PART E- LANDSCAPING & IRRIGATION REHABILITATION (Items E1 thru E5) SUBTOTAL PART F- ELECTRICAL CONDUIT FOR FUTURE I.T. (Items F1 thru F3) SUBTOTAL PART G-STREET LIGHTING CONDUIT(Items G1 thru G3) SUBTOTAL PART H -STORM WATER (DRAINAGE) IMPROVEMENTS (Items H1 thru H3) SUBTOTAL PART I -WATER DISTRIBUTION IMPROVEMENTS(Items 11 thru 12) SUBTOTAL PART J -WASTEWATER (SANITARY SEWER) IMPROVEMENTS (Items J1 thru J2) TOTAL PROJECT BASE BID(PARTS A THRU J) Contract Times Bidder agrees to reach Substantial Completion in 1 232 Idays Bidder agrees to reach Final Completion in 262 Idays Bid Form Page 4 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 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 ❑ 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: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Compliance to State Law on Nonresident Bidders 003002-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 11-25-2013 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BV-C1TV-- PURCHASING DIVISION w~ Cof CITY OF CORPUS CHRISTI Cority pus 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. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: I. Corporation 82. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest' constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 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 City of Corpus Christi 003005-1 Disclosure of Interest Rev 01-13-2015 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: Title: (Type or Print) 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Yorktown Boulevard—Lake Travis to Everhart(Bond 2014) E19093 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: (typed or printed) By: (signature--attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone: Email: END OF SECTION Non-Collusion Certification 003006-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 11-25-2013 t. 00 45 16 STATEMENT OF EXPERIENCE ARTICLE 1—REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2—EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor in response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Statement of Experience 00 45 16-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work,the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced,the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction,an inability to work in the spirit of partnering and any non-responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3—SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code,the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information,the following terms shall have the following meanings: 1. "Bidder" includes the firm, corporation, partnership,or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership,or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations,fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders,final orders,and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and Statement of Experience 004516-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality(the "TCEQ"), the United States Environmental Protection Agency(the "EPA"), the U.S. Fish and Wildlife Service,the U.S.Army Corps of Engineers,the Texas Department of State Health Services,the Texas Parks and Wildlife Department,the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder,the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2)cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5)years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5)years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death,within the past ten (10)years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder.The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4—PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE,AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY,MBE AND DBE-PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE S. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 004516-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Business Address of Principal Office Telephone No. Website Form of Business(check one) ❑ Corporation ❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization Form of Partnership: ❑ General ❑ Limited If an Individual Name Ownership of Organization List of companies,firms,or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Indicators of Organization Size Average number of current full-time employees Average estimate of revenue for the current year Statement of Experience 004S16-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience 004516-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 2—Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Superintendent Safety Manager Quality Control Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor -- Year EMR Year EMR Year EMR ---- Subcontractor _ Year EMR Year EMR Year EMR Statement of Experience 004516-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final ContractE #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Description Name Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-7 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No.E13093 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Project Information Project Description Name Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Project Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Description Name Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Proiect Information Project Description Name Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-9 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No.E13093 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years? List Citations below(date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any,and the penalty assessed. Has the Bidder,within the past ten (10)years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? ❑Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? ❑Yes ❑ No 3 Does the Bidder have an active construction safety training program? ❑Yes ❑ No 4 Does the Bidder,or affected subcontractor, have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No ❑ N/A T B. Excavation ❑ Yes ❑ No ❑ N/A C. Cranes& Hoists ❑ Yes ❑ No ❑ N/A D. Electrical ❑ Yes ❑ No ❑ N/A Statement of Experience 004516-10 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: E. Fall Protection ❑ Yes ❑ No ❑ N/A F. Confined Spaces ❑ Yes ❑ No ❑ N/A G. Material Handling ❑ Yes ❑ No ❑ N/A H. Demolition ❑ Yes ❑ No ❑ N/A I. Steel Erection ❑ Yes ❑ No ❑ N/A J. Underground Construction ❑ Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS") Category 23 for each of the past five (5)years? Provide the ❑ Yes ❑ No Bidder's OSHA 300 and 300A logs for the past five (5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the 6 Bidder's NCCI workers' compensation experience rating sheets for the past five (5) ❑ Yes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months? Provide 7 documentation showing the nature of the inspection,the findings, and the ❑ Yes ❑ No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516- 11 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Table 5—Demonstrated Minority, MBE,DBE Participation Organization doing business as Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price Statement of Experience 004516-12 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: (typed or printed) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Designated Representative: Name: Title: Address: Telephone No.: Email: END OF SECTION Statement of Experience 004S16- 13 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 00 52 23 AGREEMENT This Agreement,for the Project awarded on [insert Award Date], is between the City of Corpus Christi (Owner) and (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Yorktown Boulevard—Lake Travis to Everhart(Bond 2014) E13093 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd.,Suite 300 Corpus Chrsiti,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Name of Owner's Authorized Representative Office Address City,State,Zip Code ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 232 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 262 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 Agreement 005223-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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$785 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 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 BID FORM. 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 $ 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 005223-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06 22 2016 C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 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 005223-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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 S. 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 7.01.1)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. L 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 005223-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22 2016 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. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services Agreement 005223-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 APPROVED AS TO LEGAL FORM: Janet L. Kellogg Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR (Seal Below) By: Note.- Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer,or Chief Financial Officer Address City State Zip Phone Fax EMail END OF SECTION Agreement 005223-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: 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): Yorktown Boulevard—Lake Travis to Everhart (Bond 2014) Telephone (for notice of claim): Project No. E13093 Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number. 1-800-252-3439 be deemed an original. Performance Bond 006113-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address (principal place of business): Physical address(principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: 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): Yorktown Boulevard—Lake Travis to Everhart (Bond 2014) Project No. E13093 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) ? notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies,each one of which shall ' following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev.01-13-2016 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. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: _ Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev.01-13-2016 00 72 00 GENERAL CONDITIONS Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology................................................................................................................................11 Article 2—Preliminary Matters...................................................................................................................12 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................12 2.02 Copies of Documents..................................................................................................................13 2.03 Before Starting Construction ......................................................................................................13 2.04 Preconstruction Conference; Designation of Authorized Representatives................................13 Article 3—Contract Documents: Intent, Requirements, Reuse.................................................................13 3.01 Intent...........................................................................................................................................13 3.02 Reference Standards...................................................................................................................15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Interpretation of the Contract Documents.................................................................................16 3.05 Reuse of Documents...................................................................................................................16 Article 4—Commencement and Progress of the Work..............................................................................16 4.01 Commencement of Contract Times; Notice to Proceed.............................................................16 4.02 Starting the Work........................................................................................................................16 4.03 Progress Schedule.......................................................................................................................17 4.04 Delays in Contractor's Progress..................................................................................................17 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................18 5.01 Availability of Lands ....................................................................................................................18 5.02 Use of Site and Other Areas........................................................................................................18 5.03 Subsurface and Physical Conditions............................................................................................19 5.04 Differing Subsurface or Physical Conditions...............................................................................19 5.05 Underground Facilities................................................................................................................21 5.06 Hazardous Environmental Conditions at Site .............................................................................22 Article 6—Bonds and Insurance .................................................................................................................24 6.01 Performance, Payment, and Other Bonds..................................................................................24 6.02 Licensed Sureties ........................................................................................................................24 General Conditions 007200- 1 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insurance.....................................................................................................................................25 Article 7—Contractor's Responsibilities.....................................................................................................25 7.01 Supervision and Superintendence..............................................................................................25 7.02 Labor; Working Hours.................................................................................................................25 7.03 Services, Materials, and Equipment ...........................................................................................26 7.04 Concerning Subcontractors, Suppliers, and Others....................................................................26 7.05 Patent Fees and Royalties...........................................................................................................27 7.06 Permits........................................................................................................................................28 7.07 Taxes...........................................................................................................................................28 7.08 Laws and Regulations..................................................................................................................28 7.09 Safety and Protection .................................................................................................................29 7.10 Safety Representative.................................................................................................................30 7.11 Hazard Communication Programs..............................................................................................30 7.12 Emergencies................................................................................................................................30 7.13 Contractor's General Warranty and Guarantee.........................................................................30 7.14 Indemnification...........................................................................................................................31 7.15 Delegation of Professional Design Services................................................................................32 Article 8—Other Work at the Site...............................................................................................................33 8.01 Other Work.................................................................................................................................33 8.02 Coordination ...............................................................................................................................34 8.03 Legal Relationships......................................................................................................................34 Article 9—Owner's and OPT's Responsibilities...........................................................................................35 9.01 Communications to Contractor ..................................................................................................35 9.02 Replacement of Owner's Project Team Members......................................................................35 9.03 Furnish Data................................................................................................................................35 9.04 Pay When Due.............................................................................................................................35 9.05 Lands and Easements; Reports and Tests...................................................................................35 9.06 Insurance.....................................................................................................................................35 9.07 Modifications..............................................................................................................................35 9.08 Inspections,Tests, and Approvals...............................................................................................35 9.09 Limitations on OPT's Responsibilities .........................................................................................35 9.10 Undisclosed Hazardous Environmental Condition......................................................................36 9.11 Compliance with Safety Program................................................................................................36 General Conditions 007200- 2 Corpus Christi Standards- Regular Projects 03-23-2015 Article 10—OAR's and Designer's Status During Construction ..................................................................36 10.01 Owner's Representative..........................................................................................................36 10.02 Visits to Site.............................................................................................................................36 10.03 Resident Project Representatives...........................................................................................36 10.04 Rejecting Defective Work........................................................................................................36 10.05 Shop Drawings, Modifications and Payments.........................................................................36 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................37 10.07 Limitations on OAR's and Designer's Authority and Responsibilities.....................................37 Article 11—Amending the Contract Documents; Changes in the Work ....................................................37 11.01 Amending and Supplementing the Contract Documents.......................................................37 11.02 Owner-Authorized Changes in the Work................................................................................38 11.03 Unauthorized Changes in the Work........................................................................................38 11.04 Change of Contract Price ........................................................................................................39 11.05 Change of Contract Times.......................................................................................................40 11.06 Change Proposals....................................................................................................................40 11.07 Execution of Change Orders ...................................................................................................40 11.08 Notice to Surety......................................................................................................................41 Article12—Claims.......................................................................................................................................42 12.01 Claims......................................................................................................................................42 12.02 Claims Process.........................................................................................................................42 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................43 13.01 Cost of the Work.....................................................................................................................43 13.02 Allowances..............................................................................................................................46 13.03 Unit Price Work.......................................................................................................................46 13.04 Contingencies..........................................................................................................................47 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................47 14.01 Access to Work........................................................................................................................47 14.02 Tests, Inspections, and Approvals...........................................................................................47 14.03 Defective Work.......................................................................................................................48 14.04 Acceptance of Defective Work................................................................................................49 14.05 Uncovering Work....................................................................................................................49 14.06 Owner May Stop the Work.....................................................................................................49 14.07 Owner May Correct Defective Work.......................................................................................50 General Conditions 007200-3 Corpus Christi Standards- Regular Projects 03-23-2015 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................50 15.01 Progress Payments..................................................................................................................50 15.02 Contractor's Warranty of Title................................................................................................52 15.03 Substantial Completion...........................................................................................................52 15.04 Partial Utilization.....................................................................................................................53 15.05 Final Inspection.......................................................................................................................53 15.06 Final Payment..........................................................................................................................53 15.07 Waiver of Claims.....................................................................................................................54 15.08 Correction Period....................................................................................................................54 Article 16—Suspension of Work and Termination.....................................................................................55 16.01 Owner May Suspend Work.....................................................................................................55 16.02 Owner May Terminate for Cause............................................................................................55 16.03 Owner May Terminate For Convenience................................................................................56 Article 17— Final Resolution of Disputes....................................................................................................57 17.01 Methods and Procedures........................................................................................................57 Article18—Miscellaneous..........................................................................................................................57 18.01 Computation of Times.............................................................................................................57 18.02 Owner's Right to Audit Contractor's Records.........................................................................57 18.03 Independent Contractor.........................................................................................................58 18.04 Cumulative Remedies .............................................................................................................58 18.05 Limitation of Damages............................................................................................................58 18.06 No Waiver ...............................................................................................................................58 18.07 Severability..............................................................................................................................58 18.08 Survival of Obligations............................................................................................................59 18.09 No Third Party Beneficiaries ...................................................................................................59 18.10 Assignment of Contract...........................................................................................................59 18.11 No Waiver of Sovereign Immunity..........................................................................................59 18.12 Controlling Law.......................................................................................................................59 18.13 Conditions Precedent to Right to Sue.....................................................................................59 18.14 Waiver of Trial by Jury.............................................................................................................59 18.15 Attorney Fees..........................................................................................................................59 18.16 Compliance with Laws.............................................................................................................59 18.17 Enforcement............................................................................................................................60 General Conditions 007200-4 Corpus Christi Standards- Regular Projects 03-23-2015 18.18 Subject to Appropriation.........................................................................................................60 18.19 Contract Sum...........................................................................................................................60 18.20 Contractor's Guarantee as Additional Remedy......................................................................60 General Conditions 007200-5 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions 007200-6 Corpus Christi Standards- Regular Projects 03-23-2015 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents -Those items designated as Contract Documents in the Agreement. 20. Contract Price -The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions 007200-7 Corpus Christi Standards- Regular Projects 03-23-2015 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective -When applied to Work, refers to Work that is unsatisfactory,faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions 007200-8 Corpus Christi Standards- Regular Projects 03-23-2015 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions 007200-9 Corpus Christi Standards- Regular Projects 03-23-2015 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions 007200- 10 Corpus Christi Standards- Regular Projects 03-23-2015 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive-A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions 007200- 11 Corpus Christi Standards- Regular Projects 03-23-2015 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions 007200- 12 Corpus Christi Standards- Regular Projects 03-23-2015 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions 007200- 13 Corpus Christi Standards- Regular Projects 03-23-2015 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions 007200- 14 Corpus Christi Standards- Regular Projects 03-23-2015 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions 007200- 15 Corpus Christi Standards- Regular Projects 03-23-2015 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions 007200- 16 Corpus Christi Standards- Regular Projects 03-23-2015 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1,for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g.fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions 007200- 17 Corpus Christi Standards- Regular Projects 03-23-2015 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; C. Damage to other adjacent land or areas; and General Conditions 007200- 18 Corpus Christi Standards- Regular Projects 03-23-2015 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions 007200- 19 Corpus Christi Standards- Regular Projects 03-23-2015 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions 007200-20 Corpus Christi Standards- Regular Projects 03-23-2015 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions 007200-21 Corpus Christi Standards- Regular Projects 03-23-2015 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.8. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions 007200-22 Corpus Christi Standards- Regular Projects 03-23-2015 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions 007200-23 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503,Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay,give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions 007200-24 Corpus Christi Standards- Regular Projects 03-23-2015 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions 007200-25 Corpus Christi Standards- Regular Projects 03-23-2015 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.13 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions 007200-26 Corpus Christi Standards- Regular Projects 03-23-2015 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes,whether specified or selected by the Contractor, in the Contract Price. General Conditions 007200-27 Corpus Christi Standards- Regular Projects 03-23-2015 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions 007200-28 Corpus Christi Standards- Regular Projects 03-23-2015 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns,walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner;the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.8 caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions 007200-29 Corpus Christi Standards- Regular Projects 03-23-2015 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections,tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions 007200-30 Corpus Christi Standards- Regular Projects 03-23-2015 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. TO THE FULLEST EXTENT PERMITTED BY LAW,THE CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK,VIOLATIONS OF LAWS OR REGULATIONS,OR BODILY INJURY, DEATH,OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE(I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE,ORDINANCE, GOVERNMENTAL REGULATION,STANDARD OR RULE,OR III)THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS,ARISING OUT OF OR RELATING TO:(I)THE FAILURE TO CONTROL,CONTAIN,OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II)CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS,OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE,OR III)THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER,AND IN ADDITION TO THE ABOVE,CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR SHALL INDEMNIFY, DEFEND,AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. General Conditions 007200-31 Corpus Christi Standards- Regular Projects 03-23-2015 E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees'full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. General Conditions 007200-32 Corpus Christi Standards- Regular Projects 03-23-2015 B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's General Conditions 007200-33 Corpus Christi Standards- Regular Projects 03-23-2015 failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. General Conditions 007200-34 Corpus Christi Standards- Regular Projects 03-23-2015 E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. General Conditions 007200-35 Corpus Christi Standards- Regular Projects 03-23-2015 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. General Conditions 007200-36 Corpus Christi Standards- Regular Projects 03-23-2015 C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. General Conditions 007200-37 Corpus Christi Standards- Regular Projects 03-23-2015 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner-Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. General Conditions 007200-38 Corpus Christi Standards- Regular Projects 03-23-2015 B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; C. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and General Conditions 007200-39 Corpus Christi Standards- Regular Projects 03-23-2015 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; General Conditions 007200-40 Corpus Christi Standards- Regular Projects 03-23-2015 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions 007200-41 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 12—CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address. 12.02 Claims Process A. Claims must be initiated by written notice. B. Claims by Contractor must be in writing and delivered to the Owner, Designer, and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. C. Claims by Owner must be submitted by written notice to Contractor. D. The responsibility to substantiate a Claim rests with the entity making the Claim. E. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. F. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. G. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. General Conditions 007200-42 Corpus Christi Standards- Regular Projects 03-23-2015 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. H. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. I. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. J. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents,the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits,which may include: 1) Social security contributions, General Conditions 007200-43 Corpus Christi Standards- Regular Projects 03-23-2015 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays,to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; General Conditions 007200-44 Corpus Christi Standards- Regular Projects 03-23-2015 e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting General Conditions 007200-45 Corpus Christi Standards- Regular Projects 03-23-2015 data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.13.1 and 13.02.13.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and General Conditions 007200-46 Corpus Christi Standards- Regular Projects 03-23-2015 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued,the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination General Conditions 007200-47 Corpus Christi Standards- Regular Projects 03-23-2015 with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected,tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors,testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions 007200-48 Corpus Christi Standards- Regular Projects 03-23-2015 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work,whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or General Conditions 007200-49 Corpus Christi Standards- Regular Projects 03-23-2015 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. General Conditions 007200-50 Corpus Christi Standards- Regular Projects 03-23-2015 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; General Conditions 007200-51 Corpus Christi Standards- Regular Projects 03-23-2015 o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q. Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person,firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. General Conditions 007200-52 Corpus Christi Standards- Regular Projects 03-23-2015 C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. General Conditions 007200-53 Corpus Christi Standards- Regular Projects 03-23-2015 C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 15.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.B corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of loss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. General Conditions 007200-54 Corpus Christi Standards- Regular Projects 03-23-2015 G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. General Conditions 007200-55 Corpus Christi Standards- Regular Projects 03-23-2015 C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. General Conditions 007200-56 Corpus Christi Standards- Regular Projects 03-23-2015 ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18—MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Owner's Right to Audit Contractor's Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents.The audit, examination or inspection may be performed by an Owner designee,which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four(4)years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Example of Contractor written and electronically stores records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondences, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, General Conditions 007200-57 Corpus Christi Standards- Regular Projects 03-23-2015 have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor's records only during regular business hours. Contractor agrees to allow Owner and/or Owner's designee access to all of the Contractor's Records, Contractor's facilities and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Section in any Subcontractor, supplier or vendor contract. 18.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.05 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. General Conditions 007200-58 Corpus Christi Standards- Regular Projects 03-23-2015 18.08 Survival of Obligations A. Representations, indemnifications,warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. 18.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 18.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract,to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38,Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 18.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. General Conditions 007200-59 Corpus Christi Standards- Regular Projects 03-23-2015 B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract,with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demo bilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated,this Contract shall immediately be terminated with no liability to any party to this Contract. 18.20 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions 007200-60 Corpus Christi Standards- Regular Projects 03-23-2015 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage Commercial General Liability including 1. Commercial Form 2. Premises—Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, $1,000,000 Combined Single Limit Non-Owned, Rented and Leased Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Required if Contract Price>$5,000,000 Contractor's Pollution Liability/ $1,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required ®Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation>3 ft Builder's Risk(All Perils including Collapse) Equal to Full Replacement Cost of Structure and Contents Required for vertical structures and bridges ❑ Required ®Not Required Installation Floater Equal to Contract Price Required if installing city-owned equipment ❑ Required ®Not Required Insurance Requirements 00 72 01-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. L Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements 00 72 01-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06 22-2016 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should 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; and 4. 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. If required by Paragraph 1.01, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; Insurance Requirements 00 72 01-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 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. For Projects with a Contract Value that exceeds$5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owners Indemnitees as defined in Article 1 of the General Conditions; and 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 Insurance Requirements 00 72 01-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06 221016 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. 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 policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion;terrorism;vehicle impact; aircraft; smoke; theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement;flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations;water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity,and other earth movement; or flood, are not commercially available under builder's risk, by Insurance Requirements 00 72 01-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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 Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.05 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable Insurance Requirements 00 72 01-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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. 1.06 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 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. Insurance Requirements 007201-7 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06 22-2016 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A- If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out(redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. 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: 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. 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 Insurance Requirements 00 72 01-8 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev06-22-2016 directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers,owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll 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; Insurance Requirements 00 72 01-9 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' 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 Insurance Requirements 00 72 01-10 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-222016 00 91 01 ADDENDUM NUMBER 1 Yorktown Boulevard-Lake Travis to Everhart Project: (Bond 2014) Project Number: E13093 Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Designer: LNV, Inc. Addendum No. 1 Specification Section: 00 91 01 Issue Date: 22 Nov 2017 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approvedby: CFix ZZNGQ ZCi7 J.Vojoys, P.E. Addendum Items: To delay bid opening by one week. New bid date: ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgment Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgment Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS B. SECTION 00 21 13 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS—Article 3; SECTION 00 30 00 BID ACKOWLEDGMENT FORM —Article 1: 1. The date for receipt of Bids has been changed to Wednesday, December 6, 2017. The time and location for the receipt of Bids remains unchanged. END OF ADDENDUM NO. 1 Addendum No. 1 009101- 1 Yorktown Blvd.-Lake Travis to Everhart (Bond 2014)-Project No. E13093 Rev 01-13-2016 009101 ADDENDUM NUMBER 2 Yorktown Boulevard-Lake Travis to Everhart Project: (Bond 2014) Project Number: E13093 Owner: City of Corpus Christi City Engineer: J.H. Edmonds, P.E. Designer: LNV, Inc. Addendum No. 2 Specification Section: 00 91 01 Issue Date: November 28,2017 Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. vlake the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: Dennis L. Miller, P.E. November 28, 2017 OF Name Date i r ,...... iys1'1 Addendum Items: i..:....... ..+. Article 1-Bidding Requirements: Attachment No. 1-Bid Form ••••• •••�••••.� Article 4-Clarifications-Questions and Answersi DENNIS L MILLER ♦.......... .................... 51503 4%11ONAL LNV, Inc. TBPE Firm No. F-366 ARTICLE 1—BIDDING REQUIREMENTS 1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Acknowledgement Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Acknowledgement Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and SECTION 00 30 01 BID FORM: AMEND: SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM, ARTICLE 6-TIME OF COMPLETION, PARAGRAPH 6.01, by deleting: "232 days" and add the following: "210 days." DELETE: SECTION 00 30 01 BID FORM in its entirety. ADD: SECTION 00 30 01 BID FORM (Attachment No.1). Addendum No. 2 00 9101- 1 Yorktown Blvd.-Lake Travis to Everhart(Bond 2014)-Project No. E13093 Rev 01-13-2016 ARTICLE 4—CLARIFICATIONS 4.01 QUESTIONS A. Question: Item C2 Concrete Curb Ramps is not a remove and replace item. Where will the removal of the existing concrete ramps be accounted for and what will the limits of removal be. The limits as many of the concrete ramps are smaller than the existing ramps. For example the Great Lakes Intersection. If the existing ramps are to be removed then new curb and gutter will have to be installed. Answer: Removal of existing curb ramps shall not be paid for separately, but shall be subsidiary to pay item C2. Pay item C4 will be added for removal of existing concrete sidewalk where no replacement sidewalk is specified. B. Question: General Notes, Sheet 4, Streets, Note 8 states that the hotmix shall meet TxDOT Item 341 modified by City Spec 025424. Since 025424 is obsolete will the City allow TxDOT item 340 to govern the hotmix supplied? Answer: Yes, where there is a conflict with Section 025424. Section 025424 may be obsolete in some respects, but it is still the City of Corpus Christi's standard specification section for HMAC pavement. C. Question: Plans call to replace sidewalk sections that go thru driveways to correct slope to meet ADA. The new sidewalk grades will not meet the old driveway grades. How will the additional concrete work in the ROW to make the Driveway Approach Meet the New Sidewalk Grade be paid. Also for the property side of the driveway and how will this additional concrete work be paid in order to make the Property Owner's driveway meet the new sidewalk. These two items represent as much or more concrete work than the sidewalk itself. Answer: Pay item B31 will be added to include payment for removing and replacing existing 6" concrete driveway. D. Question: Are the Ty D Asphalt pavement repairs required in all areas where the curb and gutter is to be replaced or only where it is called out? Answer: The proposed Asphalt Pavement Repair (Type D) is not required adjacent to areas to receive full depth pavement repair. However, it will be required in other areas including areas to receive mill & overlay. Pay item B32 will be added to include payment for the lower 4" of asphalt pavement repair in areas to receive mill & overlay. The upper 3" of HMAC is already included under pay item B13. E. Question: Note 6 on Sheet 48 states that it is the Contractor's responsibility to obtain a letter of certification from the TDLR stating that all the ADA improvements comply with TAS. Is the contractor responsible for the cost of the RAS inspection or will the City Provide this at their expense? Answer: The City will pay for the RAS inspection. F. Question: Are the three "Suggested Message Board's shown on sheet 22 and 26 mandatory if using this TCP? Addendum No. 2 00 9101-2 Yorktown Blvd.-Lake Travis to Everhart(Bond 2014)-Project No. E13093 Rev 01-13-2016 Answer: The message boards are required for the provided TCP The messages shown on the drawings are suggested messages but the Contractor may modify the message as deemed appropriate for the situation. G. Question: Will you provide a removal summary. Item B16 appears to be a remove and replace item as well but it is not indicated as such. Answer: Removal of the existing concrete median cap will not be paid for separately, but shall be subsidiary to installation of the proposed 3" electrical conduit in the median No removal summary will be provided. H. Question: Will you provide a landscape and irrigation plan to address the items listed in Part E: Landscaping and Irrigation Rehabilitation? Answer: It is the responsibility of the contractor to develop their own plans to restore the irrigation system. Plans shall be sealed by a landscape architect and submitted to the City for approval. This shall be paid for under item E5 — Allowance Estimated quantities are Provided under bid items E2. E3 and E4 for other landscaping and irrigation items I. Question: Regarding the 3" Conduit: 1. Is this a remove and replace item? 2. There are areas where the conduit is right at back of curb (.5' Min) per the typicals...Min Cover is 3.5'. What is the trench backfill requirements in this area? 3. Between Sta 25+50 and Sta 28+00 the 3" Conduit is laved over the top of existing storm lines. Based on Corpus Christi GIS wastewater base map info the Storm line is not deep enough to obtain min cover for the 3" conduit. Can it be installed shallow in this area? Answer: The proposed 3" electrical conduit is not a remove & replace item Trench backfill for electrical conduit is specified in Detail 3 on Sheet 43 The actual location for electrical conduit is somewhat flexible and may be adjusted in the field during construction based on existing utilities and obstructions that may be encountered If 3.5, min cover is not achievable. Contractor shall contact the City to initial approval process for less than minimum cover. J. Question: You state removal of existing curb ramps shall be subsidiary. What about the monolithic adjacent sidewalk, laid down Curb and gutter and the regular curb and gutter that is monolithic to the curb ramps in places. Question 1. Where are the removal limits since they are not shown and it is not clear. Question 2. Is the adjacent curb and gutter/sidewalk to be removed or is the old laid down curb and sidewalk supposed to be left in place adjacent to a new ramp? Question 3. If this curb and gutter is to be replaced is it subsidiary to something? You need to define the AREAS you are referring to as "Existing Curb Ramps" and what the limits are. These areas are not defined in the plans. If these areas include curb and gutter R&R then it need to state this and define if the curb and gutter is subsidiary also or if it will be paid under a separate item AND if the FDR requirement will apply since it is called out on some areas and not on others. Please Clarify this as it is very unclear and represents a substantial amount of effort. Answer: Pay item C4 will be added for removal of existing concrete sidewalk where no replacement sidewalk is specified. Where existing lavdown C&G or regular C&G is required to be removed and replaced it will be paid for under item H2 Existing sidewalks, curb & gutter and curb ramps shall be removed as required to construct the Proposed improvements Except as provided under pay item C4 as described above Addendum No. 2 009101-3 Yorktown Blvd.-Lake Travis to Everhart(Bond 2014)-Project No. E13093 Rev 01-13-2016 removal of these items shall not be paid for separately, but shall be subsidiary to the construction of the corresponding improvement END OF ADDENDUM NO. 2 Addendum No. 2 009101-4 Yorktown Blvd.-Lake Travis to Everhart(Bond 2014)-Project No. E13093 Rev 01-13-2016 00 30 01 BID FORM ADDENDUM NO. 2ATTACHMENT NO. 1 Page 1 of 4 Project Name: Yorktown Boulevard - Lake Travis to Everhart (Bond 2014) Project Number: E13093 Owner: City of Corpus Christi Bidder: OAR: Designer: ILNV, Inc. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization LS 1 A2 Bonds & Insurance LS 1 A3 Ozone Advisory Day DAY 2 A4 Survey Monument EA 2 A5 SWPPP LS 1 A6 Block Sodding SY 1,311 A7 Seeding for Erosion Control SY 100 A8 Silt Fence for Storm Water Pollution Prevention LF 100 A9 JCurb Inlet Protection LF 307 A10 IStabilized Construction Entrance EA 2 All ITemporary Traffic Controls During Construction LS 1 SUBTOTAL PART A-GENERAL(Items Al thru A10) Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Street Excavation SY 9,635 B2 12" Compacted Subgrade SY 9,635 B3 Triaxial Geogrid (Tensar TriAx TX5) SY 9,635 B4 12" Crushed Limestone Flexible Base (Type A, Grade 1-2) SY 9,635 B5 Prime Coat (0.15 Gal/SY) GAL 1,445 B6 One-Course Surface Treatment Underseal SY 9,635 B7 Hot Mix Asphalt Concrete Pavement Type B Base Course(3") SY 9,635 B8 Asphalt Planing (Milling) (3" to 3-1/4") SY 24,970 B9 Asphalt Planing (Milling) (Additional 1" to 1-1/4") SY 500 B10 Asphalt Crack Sealing LF 2,000 B11 Tack Coat for Engineered Paving Mat (PG 70-22) GAL 4,994 B12 Engineered Paving Mat (H.S.) (Tensar GlasPave 50) SY 24,970 Bid Form Page 1 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 ADDENDUM NO. 2 00 30 01 BID FORM ATTACHMENT NO. 1 Page 2 of 4 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B13 Hot Mix Asphalt Concrete Pavement Type D Surface Course (3") SY 24,970 614 Hot Mix Asphalt Conc. Pvmt. Ty. D Surface Course (Additional 1") SY 1,000 B15 Asphalt Pavement Repair(Type D) (7") SF 485 B16 4" Concrete Median Cap (Class A) SF 1,250 B17 Prefab. Pavement Marking Type C(W) (ARROW) EA 23 B18 Prefab. Pavement Marking Type C (W) ("ONLY") EA 21 619 Prefab. Pavement Marking Type C (W) (Yield Marking) (Triangle) LF 66 B20 Refl. Pavement Marking Type I (Y) (4") (Solid) LF 6,532 B21 I Refl. Pavement Marking Type I (W) (4") (Broken) LF 2,150 B22 Refl. Pavement Marking Type I (W) (8") (Solid) LF 3,069 B23 Refl. Pavement Marking Type I (W) (24") (Solid) LF 681 B24 Type II-C-R Raised Pavement Marker(Reflectorized) EA 221 B25 Remove Existing Street Signs and Regulatory Signs LS 1 B26 Street Sign Assembly w/9" Blades (Green) & STOP or YIELD Sign EA 15 B27 NO PARKING Sign EA 7 B28 Other Regulatory Sign EA 26 B29 Computerized Profilograph Services HR 4 B30 Allowance for Unanticipated Street-Related LS 1 Improvements $30,000.00 $30,000.00 B31 Remove& Replace Existing 6" Concrete Driveway I SF 1,030. B32 Asphalt Pavement Repair(Type D) (Lower 4") SF 434 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B32) Part C-A.D.A.PEDESTRIAN IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Remove & Replace Existing 4" Concrete C1 Sidewalk (Class A) SF 9,333 C2 Concrete Curb Ramp (Class A) SF 1,119 Prefab. Pavement Marking Type C C3 LF 252 for Crosswalks (W) (24") (Solid) L Remove Existing Concrete Sidewalk with No Corresponding ReplacementL PART C-A.D.A. PEDESTRIAN IMPROVEMENTS(Items C1 thru C.4) Part D-GAS LINE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Adjust Existing Gas Valve Stem Casing to Finish Grade EA 2 SUBTOTAL PART D-GAS LINE IMPROVEMENTS(Item D1) Bid Form Page 2 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 00 30 01 BID FORM ADDENDUM NO. 2 ATTACHMENT NO. 1 Page 3 of 4 Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED QUANTITY AMOUNT Part E-LANDSCAPING&IRRIGATION REHABILITATION(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 Replace Trees and Ground Vegetation LS 1 E2 Replace Irrigation Lines LF 1,800 E3 Replace Sprinkler Head EA 40 E4 Replace Controller EA 3 E5 Allowance for Unanticipated Landscaping LS 1 Rehabilitation 1 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART E-LANDSCAPING &IRRIGATION REHABILITATION(Items E1 thru E5) Part F-ELECTRICAL CONDUIT FOR FUTURE I.T.(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 2" Dia. PVC(Sch. 40) Elec. Conduit w/Mule Tape LF 2,383 for Future IT F2 2" Dia. PVC Cap EA 2 F3 24" x 36" x 18" Ground Box for IT Conduit EA 6 SUBTOTAL PART F-ELECTRICAL CONDUIT FOR FUTURE I.T.(Items F1 thru F3) Part G-STREET LIGHTING CONDUIT(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 3" Dia. PVC(Sch. 40) Elec. Conduit w/ Mule Tape LF 2,342 for Street Lights G2 3" Dia. PVC Cap EA 2 G3 11" x 18" x 18" Ground Box for Street Lighting Conduit EA 12 SUBTOTAL PART G-STREET LIGHTING CONDUIT(Items G1 thru G3) Part H-STORM WATER(DRAINAGE)IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) H1 Adjust Existing Storm Water Manhole to Finish Grade EA 1 H2 Remove & Replace Existing 6" Concrete Curb & Gutter LF 336 H3 Allowance for Unanticipated Storm Water Improvements LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART H-STORM WATER(DRAINAGE) IMPROVEMENTS(Items H1 thru H7) Part I-WATER DISTRIBUTION IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 11 JAdjust Existing Water Valve Stem Casing to Finish Grade EA 3 12 JAIlowance for Unanticipated Water Improvements LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART I-WATER DISTRIBUTION IMPROVEMENTS(Items 11 thru 12) Part J-WASTEWATER(SANITARY SEWER)IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) J1 JAdjust Existing Wastewater Manhole to Finish Grade EA 1 12 JAIlowance for Unanticipated Wastewater Improvements LS 1 $ 2,500.00 $ 2,500.00 SUBTOTAL PART J-WASTEWATER(SANITARY SEWER) IMPROVEMENTS(Items J1 thru J2) Bid Form Page 3 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 ADDENDUM NO. 2 00 30 01 BID FORM ATTACHMENT NO. 1 Page 4 of 4 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru All) SUBTOTAL PART B-STREET IMPROVEMENTS (Items 61 thru B32) SUBTOTAL PART C-A.D.A PEDESTRIAN IMPROVEMENTS (Items C1 thru C4) SUBTOTAL PART D -GAS LINE IMPROVEMENTS (Item D1) SUBTOTAL PART E - LANDSCAPING & IRRIGATION REHABILITATION (Items E1 thru E5) SUBTOTAL PART F - ELECTRICAL CONDUIT FOR FUTURE I.T. (Items F1 thru F3) SUBTOTAL PART G -STREET LIGHTING CONDUIT(Items G1 thru G3) SUBTOTAL PART H -STORM WATER (DRAINAGE) IMPROVEMENTS (Items H1 thru H3) SUBTOTAL PART I -WATER DISTRIBUTION IMPROVEMENTS (Items 11 thru 12) SUBTOTAL PART J -WASTEWATER (SANITARY SEWER) IMPROVEMENTS (Items J1 thru J2) TOTAL PROJECT BASE BID (PARTS A THRU J) Contract Times Bidder agrees to reach Substantial Completion in 1 210 Idays Bidder agrees to reach Final Completion in 1 240 Idays Bid Form Page 4 of 4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 Report Created On: 12/6/2017 2:23:41 PM PROJECT: E13093 Yorktown Boulevard-Lake Travis to Everhart(Bond 2014) BIDDER: Bay Ltd TOTAL BID: $2,028,791.86 COMPLETION TIME: Not Required BIDDER INFO: 1414 Corn Products Rd. Corpus Christi,TX 78409 P: 361-537-4217 F:361-289-2304 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings, Specifications, and Contract Documents, this Bid Proposal is submitted by Berry Contracting,LP dba Bay Ltd. (type or print~name of company) on: Wednesday, November 29, 2017 at 2:00 pm for Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093. 1.02 Submit Bids, Bid Security and all attachments to the Bid (See Section 7.01 below)to the City's electronic bidding website at www.CivCastUSA.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check, please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 All envelopes and packages(including FEDEX envelopes) must clearly identify, on the OUTSIDE of the package, the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidder accepts all of the terms and conditions of SECTION 00 2113 INVITATION 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 ignature Acknowledging Receipt 1 11/22/2017 2 11/28/2017 Bid Acknowledgement Form 003000-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 3.03 The Bidder is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. 3,04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions,if any, at or adjacent to the Site; and E. Technical Data related to each of these reports and drawings. 3.05 The Bidder has considered the: A. Information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site; and D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations, and documents on: A. The cost, progress, and performance of the Work; B. The means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations, investigations,explorations, tests,studies,or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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 Bid Acknowledgement Form 003000-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2016 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 3.10 The Bidder has given the OAR written notice of all conflicts, errors,ambiguities, or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Bidder. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 Bidders entry into this Contract constitutes an incontrovertible representation by Bidder that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM, A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the amount bid, the Bidder's responsibility, the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders' responsibility or value, and whether the Bidder has met the minimum specific project experience requirements, and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid, reject any and all Bids, to waive any and all irregularities in the Bids, or to reject non-conforming, non-responsive or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of the Owner,changed the responsibility of the Bidder. 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility, including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE, may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, if discovered after award of the Contract to such Bidder, may be grounds for immediate termination of the Contract. Additionally,the Bidder will be liable to the Owner for any additional costs or damages to the Owner resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Bid Acknowledgement Form 003000-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Revol-13-2016 ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 150 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 232 days after the date when the Contract Times commence to run. 6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the number of days indicated. ARTICLE 7—ATTACHMENTS TO THIS BID In compliance with the Bid Requirements in SECTION 00 2113 INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. SECTION 00 30 01 BID FORM. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 30 05 DISCLOSURE OF INTEREST. F. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. 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. Bid Acknowledgement Form 003000-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Protect No. E1.3093 Rev 01-13-2016 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. 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: Bidder: Berry Contracting, LP dba Bay Ltd. (typed or printed full legal name of Bidder) By: (individual's sl (ature) Name: Jon Lentz (typed or printed) Title: Estimating Manager (typed or printed) Attest: (individual's signature) State of Residency: Texas Federal Tax Id. No. 74-2982901 Address forgiving notices: Bay Ltd, 1414 Valero Way Corpus Christi,TX 78409 Phone: (361) 693-2100 (main#) Email: lentzj@bayltd.com (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.) Bid Acknowledgement Form 003000-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 01-13-2018 SPECIAL MEETING OF MANAGERS BERRY OPERATINNG COMPANY,-EEC- February 1,2017 Berry Operating Company,LLC, general partner of Berry Contracting,LP,dba. Bay-Ltd.held a special meeting this I"day of Fe-bri ary 2017. Edward A.,Marti, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Martin said the purpose of the meeting was 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. I K. J.Luhan President D. W.Berry Vice President M. G. Berry Vice President A. L.Beiry Vice President Edward A.Martin Vice President Robert C,Blair Vice President Diane DeCou Vice President and CFO Kevin Stone Vice President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts,bonds, rids,offers, or arrangements and revisions, changes or modification of same,as the creeds of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts, FURTHER RESOLVED that Devin Stone,Vice President and Jon Lentz, Estimating Manager are speci- ally empowered to act for and on behalf of � Bay Ltd.to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and � directed to furnish a ceitif od copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change,deletion,modification:, or revocation of such authority, Berry Operating Company LLC Special Meeting, February i, 2017 Page 2 t A nnrnv�rl f�`nt^rart• 5dward A, Mari ,President Attest: DonEtta Beaty, Secretar Certification I 1, DonEtta Beaty, Secretary of Berry Operating Company,LLC ceilify that the above are minutes of a special meeting of the Managers of Berry Operating Company, LLC gP�,p:at partner of BeiTy Contracting LP,dba Bay Ltd:;held on the date shown above f 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 1St day of February 2017,to whieh witness my hand. DonEtta Beaty, Secretar : I I I 1 I 1 1 4 Report Created On:12/6/2017 2:23:42 PM BID TOTALS BASE BID Total BASE BID PART A $207,746.10 BASE BID PART B $1,478,190.16 BASE BID PART C $115,858.60 BASE BID PART D $3,400.00 BASE BID PART E $26,600.00 BASE BID PART F $65,111.00 BASE BID PART G $84,854.00 BASE BID PART H $33,232.00 BASE BID PART 1 $8,600.00 BASE BID PART J $5,200.00 Total $2,028,791.86 BASE BID BASE BID PART A No. Description Unit Qty Unit Price Ext Price Al Mobilization LS 1 $40,000.00 $40,000.00 A2 Bonds&Insurance LS 1 $18,000.00 $18,000.00 A3 Ozone Advisory Day DAY 2 $100.00 $200.00 A4 Survey Monument EA 2 $110.00 $220.00 A5 SWPPP LS 1 $18,500.00 $18,500.00 A6 Block Sodding SY 1311 $7.60 $9,963.60 A7 Seeding for Erosion Control SY 100 $43.00 $4,300.00 A8 Silt Fence for Storm Water Pollution LF 100 $9.90 $990.00 Prevention A9 Curb Inlet Protection LF 307 $17.50 $5,372.50 A10 Stabilized Construction Entrance EA 2 $4,500.00 $9,000.00 All Temporary Traffic Controls During LS 1 $101,200.00 $101,200.00 Construction Sub Total: $207,746.10 (7, S— Report Created On:12/6/2017 2:23:42 PM BASE BID PART B No. Description Unit Qty Unit Price Ext Price 131 Street Excavation SY 9635 $10.55 $101,649.25 B2 12"Compacted Subgrade SY 9635 $4.00 $38,540.00 B3 Triaxial Geogrid(Tensar TriAx TX5) SY 9635 $4.20 $40,467.00 B4 12"Crushed Limestone Flexible Base SY 9635 $26.00 $250,510.00 (Type A, Grade 1-2) B5 Prime Coat(0.15 Gal/SY) GAL 1445 $5.00 $7,225.00 B6 One-Course Surface Treatment SY 9635 $3.10 $29,868.50 Underseal B7 Hot Mix Asphalt Concrete Pavement SY 9635 $16.40 $158,014.00 Type B Base Course(3") B8 Asphalt Planing(Milling)(3"to 3-1/4") SY 24970 $2.70 $67,419.00 B9 Asphalt Planing(Milling)(Additional 1" SY 500 $3.50 $1,750.00 to 1-1/4") B10 Asphalt Crack Sealing LF 2000 $2.80 $5,600.00 B11 Tack Coat for Engineered Paving Mat GAL 4994 $4.50 $22,473.00 (PG 70-22) B12 Engineered Paving Mat(H.S.)(Tensar SY 24970 $6.80 $169,796.00 GlasPave 50) B13 Hot Mix Asphalt Concrete Pavement SY 24970 $16.50 $412,005.00 Type D Surface Course(3") B14 Hot Mix Asphalt Conc. Pvmt.Ty. D SY 1000 $21.00 $21,000.00 Surface Course(Additional 1") B15 Asphalt Pavement Repair(Type D) SF 485 $38.00 $18,430.00 (7) B16 4"Concrete Median Cap(Class A) SF 1250 $10.50 $13,125.00 B17 Prefab. Pavement Marking Type C(W) EA 23 $280.00 $6,440.00 (ARROW) B18 Prefab. Pavement Marking Type C(W) EA 21 $400.00 $8,400.00 ("ONLY") B19 Prefab. Pavement Marking Type C(W) LF 66 $43.00 $2,838.00 (Yield Marking)(Triangle) B20 Refl. Pavement Marking Type I(Y)(4") LF 6532 $0.43 $2,808.76 (Solid) B21 Refl. Pavement Marking Type I(W) LF 2150 $0.43 $924.50 (4")(Broken) B22 Refl. Pavement Marking Type I(W) LF 3069 $1.25 $3,836.25 (8")(Solid) B23 Refl. Pavement Marking Type I(W) LF 681 $4.30 $2,928.30 (24")(Solid) (7,"",'C';-"i>' Report Created On:12/6/2017 2:23:42 PM BASE BID PART B No. Description Unit Qty Unit Price Ext Price B24 Type II-C-R Raised Pavement Marker EA 221 $4.60 $1,016.60 (Reflectorized) B25 Remove Existing Street Signs and LS 1 $2,500.00 $2,500.00 Regulatory Signs B26 Street Sign Assembly w/9"Blades EA 15 $770.00 $11,550.00 (Green)&STOP or YIELD Sign B27 NO PARKING Sign EA 7 $520.00 $3,640.00 B28 Other Regulatory Sign EA 26 $630.00 $16,380.00 B29 Computerized Profilograph Services HR 4 $160.00 $640.00 B30 Allowance for Unanticipated Street- LS 1 $30,000.00 $30,000.00 Related Improvements B31 Remove& Replace Existing 6" SF 1000 $16.00 $16,000.00 Concrete Driveway B32 Asphalt Pavement Repair(Type D) SF 434 $24.00 $10,416.00 (Lower 4") Sub Total: $1,478,190.16 BASE BID PART C No. Description Unit Qty Unit Price Ext Price C1 Remove& Replace Existing 4" SF 9333 $8.40 $78,397.20 Concrete Sidewalk(Class A) C2 Concrete Curb Ramp(Class A) SF 1119 $28.00 $31,332.00 C3 Prefab. Pavement Marking Type C for LF 252 $14.75 $3,717.00 Crosswalks(W)(24")(Solid) C4 Remove Existing Concrete Sidewalk SF 326 $7.40 $2,412.40 with No Corresponding Replacement Sub Total: $115,858.60 BASE BID PART D No. Description Unit Qty Unit Price Ext Price D1 Adjust Existing Gas Valve Stem EA 2 $1,700.00 $3,400.00 Casing to Finish Grade Sub Total: $3,400.00 BASE BID PART E No. Description Unit Qty Unit Price Ext Price E1 Replace Trees and Ground Vegetation LS 1 $6,200.00 $6,200.00 CIVCAST Report Created On:12/6/2017 2:23:42 PM BASE BID PART E No. Description Unit Qty Unit Price Ext Price E2 Replace Irrigation Lines LF 1800 $3.00 $5,400.00 E3 Replace Sprinkler Head EA 40 $25.00 $1,000.00 E4 Replace Controller EA 3 $3,000.00 $9,000.00 E5 Allowance for Unanticipated LS 1 $5,000.00 $5,000.00 Landscaping Rehabilitation Sub Total: $26,600.00 BASE BID PART F No. Description Unit Qty Unit Price Ext Price F1 2"Dia. PVC(Sch. 40) Elec.Conduit w/ LF 2383 $21.00 $50,043.00 Mule Tape for Future IT F2 2"Dia. PVC Cap EA 2 $34.00 $68.00 F3 24"x 36"x 18"Ground Box for IT EA 6 $2,500.00 $15,000.00 Conduit Sub Total: $65,111.00 BASE BID PART G No. Description Unit Qty Unit Price Ext Price G1 3"Dia. PVC(Sch.40)Elec.Conduit w/ LF 2342 $29.00 $67,918.00 Mule Tape for Street Lights G2 3"Dia. PVC Cap EA 2 $68.00 $136.00 G3 11"x 18"x 18"Ground Box for Street EA 12 $1,400.00 $16,800.00 Lighting Conduit Sub Total: $84,854.00 BASE BID PART H No. Description Unit Qty Unit Price Ext Price H1 Adjust Existing Storm Water Manhole EA 1 $2,400.00 $2,400.00 to Finish Grade H2 Remove& Replace Existing 6" LF 336 $62.00 $20,832.00 Concrete Curb&Gutter H3 Allowance for Unanticipated Storm LS 1 $10,000.00 $10,000.00 Water Improvements Sub Total: $33,232.00 CIVCAST Report Created On:12/6/2017 2:23:42 PM BASE BID PART I No. Description Unit Qty Unit Price Ext Price 11 Adjust Existing Water Valve Stem EA 3 $1,200.00 $3,600.00 Casing to Finish Grade 12 Allowance for Unanticipated Water LS 1 $5,000.00 $5,000.00 Improvements Sub Total: $8,600.00 BASE BID PART J No. Description Unit Qty Unit Price Ext Price J1 Adjust Existing Wastewater Manhole EA 1 $2,700.00 $2,700.00 to Finish Grade J2 Allowance for Unanticipated LS 1 $2,500.00 $2,500.00 Wastewater Improvements Sub Total: $5,200.00 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 M 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: Berry Contracting, LP dba Bay Ltd. (typed or printed) By: - E-S�-%V,--, a, n (signs ure--attach evidence of a hority to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd. 1114 Valero Way Carpus Christi,TX 78409 Phone: (361) 693-2100 (main#) Email: lentzj@bayltd.coYn END OF SECTION Compliance to State Law on Nonresident Bidders 003002- 1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 11-25-2013 i SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLC, general partner of Berry Contracting,LP, dba Bay Ltd.held a special meeting this 13'day of February 2017. Edward A, Mali th President,presided as Chairman of the meeting and DonFtta Beaty served as Secretary. .All managers were present and waived notice of call and purpose of meeting, Mr. Martin said the purpose of the meeting was 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 Baty Ltd, as to the making and signing of contracts, bonds,bids, offers or other arrangernents and revisions,changes or modification of same as the needs of the company may require. K.J.Uhan President D. W.Berry Vice President M. G. Belly Vice President A, L.Berry Vice President Edward A. Martin Vice Presidont Robert C,Blair Vice President i Diane DeCou Vice President and CFO Kevin Stone Vice President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts, bonds,bids,offers, or arrangements and revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Estimating Manager are specifically empowered to act for and on behalf of Bay Ltd. to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to fim Ash a certified copy hereof to any interested parties with the I knowledge that such parties will rely upon same until actual receipt of I written notice of change, deletion,modification, or revocation of such authority. i Berry Operating Company LLC Special Meeting, February i, 20i7 Page 2 I .A r%ni-r%vi-A ('rim-ant: dward A. Mar ,President I Attest: i DonEtta Beaty, Secretar I� Certification I i T, DonEtta Beaty, Secretary of Berry Operating Company,LLC eertify 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 lex day of February 2017,to which witness my hand, DonEtta Beaty, Secretar E ; i f� 1 00 30 05 City of Corpus Christi Disclosure of Interest db SUPPLIERNUMBER TO BE ASSIGNED B]-717— PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Beriy Contracting, LP dba Bay Ltd. P.O.BOX: 9908 (78469) STREET ADDRESS: 1414 Valero Way CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner El4. Association ❑ 5. Other DISCLOSURE gUESTIONS 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 NIA 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 NIA 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 N/A Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name N/A Consultant City of Corpus Christi 00 30 05-1 Disclosure of Interest Rev 01-13-2015 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 2-319 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jon Lentz Title: Estimating Manager (Type or Prim) Signature of Certifying Date: l 17 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. City of Corpus Christi 003005-2 Disclosure of Interest Rev 01-13-2016 SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLC, general partner of Berry Contracting,LP,dba Bay Ltd.hell a special meeting this 1sc day of February 2017, Edward A.Martin; President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Martin said the purpose of the meeting was 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 ower ed 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. I , K.J. Luhan President D. W.Berry Vice President M. G. Berry Vice President A, L.Berry Vice President Edward A,Martin Vice Wesidtait Robert C.Blair Vice President Diane DeCou Vice President and CFO Devin Stone Vice President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts,bonds, bids,offers, or arrangements and revisions, changes or modification of sage as the needs of the Highway Division of Bay Ltd. may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin Stone,Vice President and Jon Lentz, Est.-mating A:onager--re specifically empowered to act for and on behalf of I Bay Ltd. to sign"Proposal to the Texas Department of Transportation". FURTHER RESOLVED that the Secretary be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification, or revocation of such authority. i Berry Operating Company LLC Special Meeting,February i, 201 Page 2 A few -pf- dward A.Ma ,President i Attest: DonEtta Beaty, Secretar Certification a 1, DonEUa 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 1st day of February 2017,to which witness my hand, � II DonBtta Beaty, Secretar l 0 I I i i 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: Yorktown Boulevard—Lake Travis to Everhart Bond 2014 E19093 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: Berry Contracting, LB dba Bay Ltd. (typed or printed) By (s azure--attach evidence authority to sign) Name: Jon Lentz (typed or printed) Title: Estimating Manager Business address: Bay Ltd, 1414 Valero way Corpus Christi, TX 78409 Phone: (361)693-2100 (main#) Email: lentzj@bayltd,coin END OF SECTION Won-Collusion Certification 003006-1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 11-25-2013 i SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC February 1,2017 Berry Operating Company,LLQ general partner of Berry Contracting,LP, dba. Bay Ltd.held a speoial meeting this I"day of February 2017. Edward.A, Martin, President,presided as Chairman of the meeting and DonEtta Beaty served as Secretary. .All managers were present and waived notice of call and purpose of meeting. Mr, Martin said the purpose of the meeting was 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. 'f RESOLVED that the following name J d 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. i K. J. Luhan President D. W.Berry Vice president M. G. Berry Vice President A. L.Bent' Vice President Edward A.Maitin Vice President Robert C.Blair Vice President i Diane DeCou Vice President and CFO Kevin Stone Vice President FURTHER RESOLVED that Mr. Jon Lentz is empowered to sign contracts,bonds, bids,offers,or arrangements and-revisions, changes or modification of same as the needs of the Highway Division of Bay Ltd, may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Kevin.Stone,Vice President and Jon Lentz, Estimating Manager are specifically empowered to act-0r and on behalf of I Bay Ltd.to sign"Proposal to the Texas Department of Transportation". , FURTHER RESOLVED that the Secretary be and is herein authorized and directed to famish a certified copy hereof to any interested parties with the knowledge that such parties will rely upon same until actual receipt of written notice of change, deletion,modification, or revocation of such authority. i Berry Operating Company LLC Special 'Meeting, February 1, 2017 Page 2 4nrnn�rPr� f`nt�rrt dward A. Mar ,President Attest: GU DonEtta Beaty, Secretar Certification I 1, 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 Ray Ltd.,held on the date,shower 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 I"day of February 2017,to which witness my hand, DonEtta.Beaty, Secretar i I BID BOND KNOW ALL MEN BY THESE PRESENTS,that we BERRY CONTRACTING,LP DBA BAY LTD. as Principal, hereinafter called the Principal, and CONTINENTAL CASUALTY COMPANY a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars($-5/D G.A.B. ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted bid for YORKTOWN BOULEVARD-LAKE TRAVIS TO EVERHART(BOND 2014) PROJECT NO. E13093 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amountspecified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29TH day of NOVEMBER 2017 "L f / BERRY CONTRACTING, LP DBA BAY LTD, Pk (Principal) (Seal) (Witness) By. -- S (Title) CONTINENTAL CASUALTY COMPANY (Surety) (Seal) (Witness) - (Title)" MARYN MOORE,ATTY IN FACT Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A 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,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomey(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 26th day of October,2016. cAS1Jg4T %%SUN ANVQPAContinental Casualty Company hoc ' National Fire Insurance Company of Hartford ,.mPORArp ;� � ,�(aRPCRgrfo _ American Cas lty Company of Reading,Pennsylvania JULY 71, °Q SEAL 180 Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,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 h'oTARr� vuauc SOUTH DAKOTA op S My Commission Expires June 23,2021 J.Mohr--V- 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 29TH day of NOVEMBER 2017 01 oASLIA4. tH 04 OvAd Continental Casualty Company y ' � ,�.' National Fire Insurance Company of Hartford GaeP.narr n ,Kt4RPORar�a American Casualty Company of Reading,Pennsylvania JULY 7i. rD OI SEAL 1902 ~ 7897 IIpRYF 0 D.Bult Assistant Secretary Form F6853-412012 I Authorizing By-Laws and Rmlufious ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an oMcer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimileunderand by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: 1 This Power of Attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the. Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Report Created On: 12/6/2017 2:23:43 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Ross Moomaw 12/06/2017 11:18:25 AM Ross Moomaw 12/06/2017 11:18:26 AM Report Created On:12/6/2017 2:23:43 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Bid Docs E13093 Specifications 11/15/2017 8:52:07 AM Plans E13093 Plans 11/15/2017 8:51:49 AM Other E13093 Bidders Worksheet 11/14/2017 9:56:19 AM Addenda Addendum#1 11/22/2017 2:04:42 PM Addenda Addendum#2 11/29/2017 10:48:40 AM 00 52 23 AGREEMENT This Agreement, for the Project awarded on January 23,2018, 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: Yorktown Boulevard—Lake Travis to Everhart(Bond 2014) E13093 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, Inc. 801 Navigation Blvd., Suite 300 Corpus Chrsiti,TX 78408 2.02 The Owner's Authorized Representative for this Project is: Ernesto De La Garza, P.E.—Construction Management Engineer City of Corpus Christi—Engineering Services 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 210 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 240 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 Agreement 005223- 1 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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$785 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 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 BID FORM. 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 $ 2,028,791.86 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 005223-2 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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 5.02.6, 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 005223-3 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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. Agreement 005223-4 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 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. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES One original of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company. If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; C. DIRECTOR OF ENGINEERING SERVICES; D. CITY SECRETARY for the City. ATTEST CITY OF CORPUS CHRISTI Agreement 005223-5 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 Di9lreay slgnea by Rebeooe Nuene Digitally signed by Jeff Edmonds Rebecca Huerta DN:c,-Rebecca Nuerra o-ciy or corpus Christi.o- N DN:cn-Jeff Edmonds,o,ou-Engineenng, seorerery.email=rebeoceb@oo�exes.mm.o=us email-jeffreye@cctexas.com,c-US Dace:zDi 8.02 zt 09:03:42 0600 Date:2018.02.20 09:37:14-06'00' Rebecca Huerta J.H. Edmonds, P.E. City Secretary Director of Engineering Services M2018-011 AUTHORIZED APPROVED AS TO LEGAL FORM: 1/23/18 BY COUNCIL R H/M L Digitally signed by CityRH/MLS 2018.02.14 17:44:16 DN:cn=RH/ML,D=city Secretary,DD-city Secretary, email-moniquel@cctexas.com,c-u5 -06'00' Date:20,8.02.20,0:28:04-06'00' Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, LP dba Bay, Ltd. (Seal Below) By: Jon Lentz D.I.2018 o�°ov'0927 18 06 00 _ Note: Attach copy of authorization to sign if Title: Estimating Manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1414 Valero Way Financial Officer Address Corpus Christi, Texas 78409 City State Zip 361/693-2100 361/289-2304 Phone Fax lentj@bayltd.com EMail END OF SECTION Agreement 005223-6 Yorktown Boulevard—Lake Travis to Everhart(Bond 2014), Project No. E13093 Rev 06-22-2016 006113 PERFORMANCE BOND BOND NO. 929592871 Contractor as Principal Surety Name: Berry Contractin%LP dba Bay.Ltd. Name: CONTINENTAL CASUALTY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 1414 Valero Way 5151 SAN FELIPE, SUITE 1200 Corpus Christi,TX 78409 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78469 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 E13093 Yorktown Boulevard-Lake Travis to Everhart(Bond 20141 Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name:HIGGINBOTHAM/SWANTNER & GORDON Award Date of the Contract: January 23,2018 Address: INSURANCE AGENCY Contract Price: $2.028.791.86 500-N. SHORELINE BLVD., SUITE 1200 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address:memoore@higginbotham.net Date of Bond: FEBRUARY 1, 2018 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 from the Texas Dept.of Insurance by calling the of the Contract) following toll-free number.1-800-252-3439 Performance Bond 00 6113-1 E13093 Yorktown Blvd—Lake Travis to Everhart(Bond 2014) 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 some extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor rincipal Surety Signature: Signature: Name: Name: MARY EN MOOR.E Title:. M a,4„ n r Title: ATTORNBYL IN FACT Email Address: �'�z i aJ Com Email Address: memoore@higginbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 006113-2 E13093 Yorktown Blvd—Lake Travis to Everhart(Bond 2014) 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'l,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 Addldson,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomey(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 26th day of October,2016. cncwo�m Continental Casualty Company CtrtT)NN- National Fire Insurance Company of Hartford American Cas lty Company of Reading,Pennsylvania i Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,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 bNOVW SOUTHMM My Commission Expires June 23,2021 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 y„cT day of FEBRUARY 2018 �� wr utstr a Continental Casualty Company �• 6 National Fire Insurance Company of Hartford 00APOR re ,w alto American Casualty Company of Reading,,Pennsy)vania p JULY 11. •� l. ov SEAL r897 D.Bult == Assistaot Secreta Form F68534/2012 ` Authorizing By-Laws and Resolutions ` ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25m day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." r State of Texas Claim Notice Endorsement In accordance with Section 2253.021(0 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: f CNA Su" 333 South Wabash Chicago, IL 50604 Telephone: (312) 822-5000 You may also*wr3te to CNA Surety at P.O. Box 1068, Ham, Texas 77251.1068. You may contact the Texas Departmant of Insurance to obtain Information on companies, coverages, rights or co nplak is at: 11-;3M252-3434 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, or fax 512.475-1771. PREMIUM OF CLA1ht DISPUTES: Should you have a disputs concerning your premium or about a claim you should contact the company first. If the.dispute Is not resoived 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. ' 006116 PAYMENT BOND BOND NO. 929592871 Contractor as Principal Surety Name: Berry Contractina.LP dba Bay Ltd. Name: CONTINENTAL CASUALTY COMPANY j Mailing address(principal place of business): Mailing address(principal place of business): ! 1414 Valero Wav 5151 SAN FELIPE, SUITE 1200 Corpus Christi.TX 78409 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street Corpus Christi,Texas 78469 under the laws of the state of: ILLINOIS 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 E13093 Yorktown Boulevard-Lake Travis to Everhart(Bond 2014) Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name:HIGGINBOTHAMJSWANTNER & GORDON Award Date of the Contract: January 23,2018 Address: INSURANCE AGENCY 500 N. SHORELINE BLVD., SUITE 1200 Contract Price: $2.028,791.86 CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Email Address: memooreftigginbotham.net Date of Bond: FEBRUARY 1, 2018 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.14WO-252-3439 Payment Bond Form 00 6116-1 E13093 Yorktown Blvd—Lake Travis to Everhart(Bond 2014) 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 authorizedofficer, 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 2263 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. Contractorrineipal Surety Signature: Signature: MIR!-To-k-% L R Name: MAR LEN MOORE Title: Title: Email Address: n Email Address: memoore@hi inbotham.net (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 E13093 Yorktown Blvd—Lake Travis to Everhart(Bond 2014) 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,Cathleen Hayles,Aaron J Endris,Tricia Balolong,Individually of Corpus Christi,TX,their true and lawful Attomey(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 26th day of October,2016. castt�tr �wq a, Continental Casualty Company National Fire Insurance Company of Hartford coaPoatre ^ r�o American Cas lty Company of Reading,Pennsylvania JULY 1.SEAL a 1897 HAiI " • ! , Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of October,2016,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.Mom My Commission Expires June 23,2021 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 I cq+ day of FEBRUARY 2018 �nsU, r 0oma oe Continental Casualty Company National Fire Insurance Company ofHar(ford American Casualty Company of Reading,;Penniyf vania JULY 11. v SEAL c I9QE .r 1887 D.Bult r Assistant Secreta�jr, Form F6853-4/2012 Secreta!T., Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of lice nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures');Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers')to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures'l;Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25,h day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers"}to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures),Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." k State of Texas Claim notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53202(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 CMA Suraty at P.O. Sox 10N, Housbw4 Texas 77251-1068. You may contact the Texas DeparbraM of Insurance to obtain lnfomu tin 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 CLA1M DISPUTES: Should you have a disputa concerning your premium or about a claim you shoould contact the company first If the disputa 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. � ® DATE(MMIDDNYYY) A CC)1 CERTIFICATE OF LIABILITY INSURANCE 2/112016 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 pollcy(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 CONTACTDiann ElSenhaUer Higginbotham Insurance Agency, Inc. FAX PHONE dba Swantner&Gordon Insurance Agency, LLC •361-883-1711 AIC No•361-844-0101 PO Box 870 E-MAIL , deisenhauer@higginbotham.net Corpus Christi TX 78403 INSURERS AFFORDING COVERAGE NAIC 11 INSURER A:ACE American Insurance Company 22667 INSURED BERRYI3 INSURER e:ACE Property&Casualty Insurance Co 20699 Berry Contracting,LP dba Bay, Ltd. INSURER C:Westchester Fire Insurance Company 10030 P.O. Box 4858 INSURER 0:Indian Harbor Insurance Company 36940 Corpus Christi TX 78469-4858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:638202914 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF iPOLIC EXP LIMITS LTRA X COMMERCIAL GENERAL LIABILITY HDOG2786630A 5/2012017 5/20/2018 EACH OCCURRENCE $2.000,000 —71 DAMAGE TO RENTE CLAIMS-MADE I OCCUR PREMISES Ea occurrence $100.000 CGOD01 04/13 MED EXP(Any one ) $10,000 PERSONAL&ADV INJURY S 2,DD0,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 10,000,000 POLICY�JEEK LOC PRODUCTS-COMP/OP AGG $5,000.000 OTHER: S A AUTOMOBILE UABILITY ISAH09056117 5120/2017 520/2018 COMBINED SINGLE LIMIT $ tiNED 2.000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X ANON-OWNED PROPERTY DAMAGE S X MCS,90 UTOS s B X UMBRELLA LIAS X OCCUR XOOG28119641002 5202017 5202018 EACH OCCURRENCE $35.000,000 C G24021439010 5202017 5202018 X EXCESS LIAR CLAIMS-MADE AGGREGATE S 35.000.000 DED X RETENTIONS 350 000 S A WORKERS COMPENSATION WLRC49115970 5202017 5202018 X AND EMPLOYERS'LIABILITY YIN STATI T ER ANY OFFICER/MEMB RIPAR NERIE ECUTIVE Q N I A E.L.EACH ACCIDENT $2.000,DOD (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $2.000,000 It Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2.000,000 D Contractors Pollution CE07446687 5202017 5202018 Pollution Condition $25,000.000 Pollution Aggregate $25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mare space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Sylvia Arriaga-Contracts Admin. P.O.BOX 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BERRY13 _ LOC#: ACC>REP ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. 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 GENERAL LIABILITY INCLUDES:ISO Commercial General Liability Occurrence—CG0001 04/13 Additional Insured-Lessor of Leased Equipment-Automatic Status When Required in Lease Agreement with You—CG2034 04113; Additional Insured-Owners,Lessees or Contractors-On Going Operations—CG2010 10101 and Additional Insured-Owners,Lessees or Contractors—Completed Operations—CG2037 10/01—Any Owner,Lessee or Contractor,and any other person or organization whom you have agreed to include as an additional insured under written contract,provided such contract was executed prior to the date of loss; Non Contributory Endorsement for Additional Insureds—LD20287 06106—any additional insured with whom you have agreed to provide such primary and non-contributory insurance as required under written contract executed prior to loss;Waiver of Transfer of Rights of Recovery Against Others—CG2404 05/09—Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss;Construction Project(s)General Aggregate Limit—LD21732 01/07-$5,000,000 per Project and Designated Location(s)Aggregate Limit—LD20039 09110—All Locations$5,000,000 Limit;Contractual Liability Railroads—CG2417 10101—Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non-Payment of Premium when required by written contract—Notice to Others EndorsementSchedule-Notice by Insured's Representative—ALL32686 01111 AUTOMOBILE LIABILITY INCLUDES: ISO Business Auto—CA0001 10113 Additional Insured-Designated Persons or Organizations—DA9U74C 03/16—Any person or organization whom you have agreed to include as an additional insured under a written contract executed prior to loss;Non-Contributory for Additional Insureds—DA21886b 06114—Any additional insured with whom you have agreed to provide such primary and non-contributory Insurance as required by written contract executed prior to loss;Coverage for Certain Operations in Connections with Railroads—CA2070 10/13—Any railroad you have agreed to indemnify pursuant to a written contract signed prior to loss; Motor Carrier Endorsement—MCS90 01/17—Primary$2,000,000; Pollution Liability Broadened Coverage for Covered Autos—CA9948 10/13; Waiver of Transfer of Rights of Recovery Against Others—DA13115a 06/14—Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss; 30 Day Notice of Cancellation except 10 Days for Non-Payment of Premium when required by written contract—Notice to Others Endorsement-Schedule-Notice by Insured's Representative—ALL32686 01/11 ACE PROPERTY AND CASUALTY UMBRELLA LIABILITY INCLUDES: 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 provided 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".This policy will apply primary of other insurance and such other insurance wit not contribute if you have agreed in writing in a contract or agreement-Amendment of Condition J-Other Insurance Form XS-33290(04/11) WESTCHESTER FIRE INSURANCE COMPANY EXCESS POLICY FOLLOWS FORM OF ACE PROPERTY AND CASUALTY WORKERS COMPENSATION INCLUDES: NCCI WCOOOOOOC 01/15 Alternate Employer—WC000301A 02189 and WC000301 04/84—If any—Any state shown in Item 3A of the Information Page(does not apply to any employee lease contractlarrangement); Longshore and Harbor Workers Compensation Act—WC000106A 04/92;Maritime Coverage—WC000201B 01/15—If any, TWM&C Included-$2,000,000 Limit of Liability; Outer Continental Shelf Lands Act—WC000109C 01/15;Stop-Gap Employers Liability—WC990303C 04/92- $2,000,000 Limit;Voluntary Compensation—Foreign—WC990302D 01/15—Any US Employee while temporarily outside the US or Canada;Voluntary Compensation—Maritime—WC000203 04/84—Employyees Masters and Members of Crew of Vessel you have contracted to perform work on;Voluntary Compensation and Employers Liability -AOS—WC000311 A 08/91—Any employee exempt from the Workers Compensation Law;Waiver of Transfer of Right to Recover from Others—WC000313 11/05 and Texas WC420304b 06/14 —Any person or organization against whom you have agreed to waive your right of recovery in a written contract executed prior to loss;30 Day Notice of Cancellation except 10 Days for Non-Payment of Premium when required by written contract—Notice to Others Endorsement-Schedule-Notice by Insured's Representative—ALL32686 01111 CONTRACTORS POLLUTION INCLUDES: PACE Plus Form KLD051 01113 Insured means the Client but only if you are required to include the Client as an additional insured in a written contract in effect during the policy period and signed by you prior to the first commencement of the Pollution Condition and with respect to the Client's vicarious liability resulting from your Contracting Activity. Insured means all persons or organizations,other than a Client,as required by written contract executed by the Named Insured,but only for a Pollution Condition caused by your Contracting Activity and the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition.Company waives right of recovery against any person or organization included In the definition of an Insured or against the Insured's Clients,if prior to the Pollution Claim,a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. Project:Yorktown Boulevard-Lake Travis to Everhart(Bond 2014)Project#E13093 ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Bio G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries CG 20 10 10 01 05/20/2017 - 05/20/2018 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, and any other person or organization whom you have agreed to included 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 the injury or damage arises has been This insurance does not apply to "bodily in- 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. CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: HDo G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry contracting LP dba Bay Ltd and subsidiaries CG 20 37 10 01 05/20/2017 - 05/20/2018 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 Owner, Lessee or contractor, and any other 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 are performing operations 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 haz- ard". CG 20 3710 01 ©ISO Properties, Inc., 2000 Page 1 of 1 13 POLICY NUMBER: HDO G2 78 66 30 A COMMERCIAL GENERAL LIABILITY Berry GP Inc; Berry contracting LP dba Bay Ltd; and subsidiaries CG 24 04 05 09 05/20/2017 - 05/20/2018 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. CG 24 04 05 09 C Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Ensured Endorsement Number Berry GP Inc. Berry Contracting LP dba Bay Ltd and subsidiaries Pottcy Symbol Policy Number Policy Period Effective Date of Endorsement FDD C,2 78 66 30 A 05/20/2017 to 05/20/2018 05/20/2017 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 pol1W. 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:'Ali persons or entities added as additional insureds through an endorsement with the term"Additional Insured"in the fide) 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 IVA.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(06106) Page 1 of 1 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named insured Endorsement Number Berry GP, Inc. Berry Contracting LP dba Bay Ltd and subsidiaries Popsy Symbol Policy Number Poky Period Effective Date of Endorsement HDO G2 78 66 30 A 05/20J2017 to 05/20/2018 05/20/2017 Issued By(Name of insurance company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1),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, Fre Damage and Medical Expense continue to ap- ply. However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SEG TION I),which cannot be attributed only to"Your Projects": 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2.Such payments shall not reduce the Construction Project General Aggregate Limit. LD-21732(01/07) Copyright,Insurance Services Office,frit., 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 pians, 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(01107) Copyright,Insurance Servioes office,Inc., 1996 Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSUREDS REPRESENTATIVE Named Insured $erry GP, Inc.; Berry Contracting LP dba Bay Ltd and subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO I G2 78 66 30 A 05/20/2017 to 05/20/2018 05/20/20107 Issued By(Name of insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you.or your representative create or maintain (the'Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in tum send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL 32686(01/11) Page 1 of 1 ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA J HO 90 56 11 7 5/20/1710 05/20/2018 05/20/2017 Issued 9y(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additionallnsured(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. f Authorized Represent e DA-91J174c(03/16) Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Be"GP, Inc. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA I xa 90 56 11 7 05/20/2017 to 05/20/2018 05/20/2017 Issued By(Name of insurance company) ACE American Insurance Company Insert the policy number.The remainder of the infommabon is w be completed only when this endorsement is Issued subsequent to the prepam mon 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 a written contract, provided such contract was executed prior to the date of loss. 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.; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA I xo 90 56 11 7 05/20/2017 to 05/20/2018 05/20/2017 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 addWon 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 tum 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. 99 s Authorized Representative ALL-32686(01/11) Page 1 of 1 POLICY NUMBER: ISA Ho 90 56 11 7 Endorsement Number. Berry GP Inc; Berry Contracting LP dba Bay Ltd and subsidiaries Term: 05/20/2017 to 05/20/2018 COMMERCIAL AUTO CA 20 70 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM With respect to coverage provided under this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Berry GP, Inc. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Effective Date: 05/20/2017 SCHEDULE Scheduled Railroad Designated Job Site Any railroad(RR)which you have agreed to indemnify all job sites where you are operating under an easement pursuant to a written contract entered into with such granted by a scheduled RR,and where you have agreed to RR that was signed prior to loss, in connection with an indemnify such RR for your operations pursuant to such easement granted by such RR to you. easement under a written contract entered into with such RR prior to loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. With respect to the use of a covered "auto" in operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of"insured contract" relating to construction or demolition operations performed within 50 feet of a railroad do not apply. CA 20 70 10 13 0 Insurance Services Office, Inc.,2011 Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC. % Berry Contracting LP dba Bay Ltd P.O.BOX 4858 and subsidiaries Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number: C4 91 15 97 0 Palicy Period Effective Date of Endorsement 05/20/2017 to 05/20/2016 05/20/2017 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the polcy number.The remainder of the informatlon is to be completed only when this endorsement is issued subsequent to the preparation of the poliSy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT,TX,refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.According to Section 287.150(6)of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.SA 16-1901 through 16-1908 and any amendments thereto).According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative WC 00 0313 (11/05)Ptd.U.SA Copyright 1982-83,National Council on Compensation Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP,INC.; Berry Contracting LP dba Bay Ltd P.O.BOX 4858 and Subsidiaries Policy Number CORPUS CHRISTI TX 784694858 Symbol: Wt_R Number: . C4 91 15 97 0 Policy Period Effective Date of Endorsement 05/20/2017 to 05/20/2019 1 1 05/20/2017 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 pollcy. 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: { X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2. 0 percent of the premium developed on payroll in connection with work performed for the above person(s)or organizations) arising out of the operations described. 4. Advance Premium: included Authorized Representative WC 42 03 04B(06114) m Copyright 2014 National Council on Compensation Insurance,Inc.A8 Rights Reserved. NOTICE TO OTHERS ENDORSEMENT-SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named insured Berry GP, Inc. ; Berry Contracting LP dba Bay Ltd and Subsidiaries Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement WLR C4 91 15 97 0 os/20/2017 to 05/20/2018 05/20/2017 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 poricy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. ?Authorized Representative Page 1 of 1 ALL-32686(01/11) AMENDMENT OF CONDITION J —OTHER INSURANCE Named Insured Berry Contracting LP dba Bay Ltd Endorsement Number Berry GP, Berry Contracting, Inc and subsidiaries Policy Symbol Policy NumberPolicy Period Effective Date of Endorsement X00 628119641002 05/20/2017 to 05/20/2018 05/20/2017 Issued By(Name of insurance Company) ACE Property&Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows: SECTION VI. CONDITIONS,Paragraph J.Other Insurance is deleted and replaced with the following: J. Other Insurance If valid and collectible "other insurance" applies to damages that are also covered by this policy, this policy will apply primary of the "other insurance" and such "other insurance" will not contribute with this insurance, but only if: 1. You have agreed in writing in a contract or agreement that such person or organization is an"insured" under this policy;and 2. Such person or organization is included as an insured under the coverage provided by "underlying insurance". If valid and collectible"other insurance"applies to damages that are also covered by this policy and does not meet the criteria stated above as 1. and 2., then this policy will apply excess of the"other insurance and will not contribute with such"other insurance". All other terms and conditions of this policy remain unchanged. WFIIWN�AL w Authorize e XS-33290(04111) 0 2011 LU Page 1 of 1