ESBD_367667_1720645291172_CBBEP_2123_Final Set (Specs) 7.9.2024.pdf

CONTRACT DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

COASTAL BEND BAYS & ESTUARIES PROGRAM, INC.

MISSION RIVER DELTA CIRCULATION ENHANCEMENT

CBBEP No. 2123

FOR

1305 N. SHORELINE BLVD.

CORPUS CHRISTI, TEXAS 78401

PREPARED BY:

JULY 2024

TBPE F-1386/TBPLS 10104001

5350 S. STAPLES STREET, SUITE 425

CORPUS CHRISTI, TEXAS 78411

PHONE: 361.991.8550

WWW.LJA.COM

7.9.2024 http://www.lja.com/

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

MISSION RIVER DELTA CIRCULATION ENHANCEMENT, CBBEP No. 2123

Table of Contents

TABLE OF CONTENTS

I. INVITATION TO BIDDERS

II. INSTRUCTIONS TO BIDDERS

III. PROPOSAL

IV. AGREEMENT

V. PERFORMANCE BOND

VI. PAYMENT BOND

VII. SPECIAL PROVISIONS OF THE AGREEMENT

VII-A. NOTICE TO CONTRACTORS “A” INSURANCE REQUIREMENTS

VII-B. NOTICE TO CONTRACTORS “B” WORKERS COMPENSATION INSURANCE

REQUIREMENTS

VIII. GENERAL PROVISIONS OF THE AGREEMENT

IX. TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL

010010 General Construction Requirements 010100 Construction Sequence Items and Construction Schedule 011520 Mobilization and Demobilization 013010 Contractor’s Submittals

DIVISION 2 – SITEWORK

021020 Site Clearing and Stripping

021040 Site Grading 021080 Removing Old Structures 022020 Excavation & Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022060 Channel Excavation 022080 Embankment 022100 Select Material 022410 Stormwater Pollution Prevention Plan 022420 Silt Fence 025223 Crushed Limestone Flexible Base 027402 Reinforced Concrete Pipe Culverts 027404 Reinforced Concrete Box Culverts

DIVISION 3 – CONCRETE

030020 Portland Cement Concrete 032020 Reinforcing Steel 037040 Epoxy Compounds 038000 Concrete Structures 038020 Cement Stabilized Sand

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

MISSION RIVER DELTA CIRCULATION ENHANCEMENT, CBBEP No. 2123

Table of Contents

TABLE OF CONTENTS (CONT’D)

X. LIST OF DRAWINGS

SHEET DESCRIPTION

01 TITLE SHEET

02 OVERALL LAYOUT, GENRAL NOTES, LEGEND, ABBREVIATIONS & MATERIAL

TESTING SCHEDULE

03 CROSSING No. 1 PLAN & SECTIONS 04 CROSSING No. 2 PLAN & SECTIONS 05 CROSSING No. 3 PLAN & SECTIONS

06 CONSTRUCTION DETAILS (1 OF 2)

07 CONSTRUCTION DETAILS (2 OF 2)

08 ENVIRONMENTAL PERMITS ISSUES AND COMMITMENTS – EPIC

09 STORMWATER POLLUTION PREVENTION NOTES

10 STORMWATER POLLUTION PREVENTION PLAN & DETAILS

XI. APPENDICES

Appendix A – Geotechnical Engineering Report for the proposed Mission River Delta Enhancement, Refugio County, Texas – Tolunay Wong Engineers Project No. 23.53.056, dated October 23, 2023.

Appendix B – Ermis Road Culvert Repair and Restoration (02ETCP00-2024-0069558), dated March 28, 2024.

I.

INVITATION TO BIDDERS

INVITATION TO BIDDERS

Invitation To Bidders

Sealed proposals, addressed to the Coastal Bend Bays & Estuaries Program, Inc. (Owner) for the MISSION RIVER DELTA CIRCULATION ENHANCEMENT, CBBEP NO. 2123. The work consists of removing three existing concrete pipe crossings & damaged structures and installing three new crossings at the same location. Crossing #1 consists of a single 14” rise x 23” span elliptical pipe (18" RCP equivalent); Crossing #2 consists of three 18" RCP pipes and Crossing #3 consists of a double 6' span x 2' rise box culverts. Minor excavation to install new crossings, bulk rock for soil stabilization and erosion protection; and Type A, Grade 1-2 base material for trail surface on top of the new pipe crossings. The construction staging placement area will be located upland. Board mats may be placed to protect any vegetated area along the trail while moving material to the site. All excavated material should be removed from the site. This project is located at the end of Ermis Road, Mission River Delta marsh as part of the restoration program to enhance the tidal river circulation for the Coastal Bend Bays & Estuaries Program, Inc. All work shall be completed in accordance with the construction plans, specifications, and contract documents.

Bids will be received at the CBBEP Office, 1305 N. Shoreline Blvd. #205, Corpus Christi, Texas 78411until 2:00 pm on Thursday, August 15, 2024, and then publicly opened and read. Any bid received after closing time will be returned unopened.

A Pre-Bid Meeting is scheduled for 10:00 am on Thursday, August 1, 2024. The Pre-Bid Meeting will be conducted by the Engineer and the CBBEP representative. We will meet at the project site located at the end of Ermis Road, approximately ¼ mile east of 125 Ermis Road, Bayside Texas 78340. No additional or separate visitations will be conducted by the CBBEP.

A bid bond in the amount of 5% of the highest amount bid must accompany each proposal.

Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the CBBEP as liquidated damages.

Plans, proposal forms, specifications and contract documents may be procured from the Engineer, LJA Engineering, Inc. (LJA), 5350 S. Staples, Suite 425, Corpus Christi, Texas 78411, upon receipt of a non-refundable payment of Fifty Dollars ($50.00). Documents can be obtained by mail upon receipt of an additional non-refundable postage/handling charge of Ten Dollars ($10.00). Plans and Specifications will be available at no charge to download through Sharefile. In order to obtain instructions to download please contact our office at 361.991.8550 or via email LJASouthcc@lja.com. Include all company contact information when utilizing the Sharefile option.

The CBBEP reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the CBBEP’s opinion, seems most advantageous to the CBBEP and in the best interest of the Public.

Coastal Bend Bays & Estuaries Program, Inc.

/s/ Jake Herring

Director of Land Conservation mailto:LJASouthcc@lja.com

II.

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

Instructions to Bidders

1. SPECIAL AND GENERAL PROVISIONS OF THE AGREEMENT: Bidders shall thoroughly familiarize themselves with Sections VII. and VIII. especially as they relate to bid preparation, bond submittal, withdrawal, opening and all other aspects related to the Proposal. These Instructions to Bidders are meant as a supplement to these Sections. In the event of a discrepancy, Sections VII. and VIII. shall prevail.

2. PREPARATION OF BIDS: Bidders will be furnished PROPOSAL forms which will state the description of the proposed work to be performed and a schedule of items for which lump sum bids or unit price bids are asked. All blank places on the PROPOSAL form must be filled in as noted, in ink, with amount extended and totaled and no changes shall be made in the phraseology of the forms or of the items mentioned herein. If the Bidder does not bid on optional items (if shown on the PROPOSAL form) “No Bid” shall be entered in the blank spaces, therefore. PROPOSALS may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures irregularities of any kind. The PROPOSAL shall be signed in ink by the person or persons authorized to make the bid. If the PROPOSAL is made by an individual, the post office address shall be given. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be given. If made by a corporation, its post office address and title of the person signing the PROPOSAL shall be given.

3. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK: Before filing a bid, the Bidder shall carefully examine the PROPOSAL, PLANS and SPECIFICATIONS, and form of the CONTRACT to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to be as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials to be furnished. He shall satisfy himself as to all subsurface obstacles to be encountered.

The filing of a bid by a Bidder shall be presumptive evidence that he has complied with these requirements. Bidders desiring further information or further interpretation of the CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS and PLANS must make request for such information in writing to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will be given in writing to all Bidders, in addendum form, and all addenda will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS and PLANS, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all Bidders. It is the responsibility of the Bidders to know if they have received all such addenda, the complete file of which will be maintained in the office of the Engineer.

4. ADDITIONAL INSURED: As delineated in Paragraph A-20 of the Special Provisions the successful bidder shall be required to list the CBBEP and LJA Engineering, Inc. (LJA) and each of their officers, agents, and employees as additional insured on all required and specified in the Contract Documents.

5. INTERPRETATION OF CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS,

AND PLANS: Bidder desiring further information, or for further interpretation of the Contract Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information in writing to the Engineer at LJA 5350 S. Staples Street, Suite 425, Corpus Christi, Texas 78411, prior to (5) working days before the bid opening.

Answers to all such requests will be given in writing to all bidders, in addendum form, and all addendums will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding.

Instructions to Bidders

Should a bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS, or PLANS, or should he be in doubt as to their meaning, he should at once notify the Engineer at 5350 S. Staples Street, Suite 425, Corpus Christi, Texas and in order that a written addendum may be sent to all bidders. It is the responsibility of the Bidder to know if they have received all such addenda, complete files of which will be maintained in the office of LJA at 5350 S. Staples Street, Suite 425, Corpus Christi, Texas and in the office designated to receive the PROPOSAL.

6. CONDITIONS OF WORK: Each Bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed and will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, TECHNICAL SPECIFICATIONS, and PLANS. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract and to complete the contemplated work for the considerations set forth in his PROPOSAL.

7. PRE-BID CONFERENCE: A Pre-Bid Meeting is scheduled for 10:00 am on Thursday, August 1, 2024. The Pre-Bid Meeting will be conducted by the Engineer and the CBBEP representative. We will meet at the project site located at the end of Ermis Road, approximately ¼ mile east of 125 Ermis Road, Bayside Texas 78340. No additional or separate visitations will be conducted by the CBBEP.

8. INSURANCE REQUIRMENTS: Bidders shall note Sections VII-A Notice to Contractors “A” Insurance Requirements and VII-B Notice to Contractors “B” Workers Compensation Insurance Requirements.

9. CONTRACTORS QUALIFICATIONS: The Contractor must have at least five (5) projects minimum experience in street reconstruction work of similar size (or larger) and complexity to this project. Contractors shall submit with bid a list indicating the five (5) projects, each to include: Owner, Project Name, Amount of Project, Owner Contact and Project Engineer Contact Information (phone, fax, email, etc.). The Contractor shall also note to submit with bid all information requested in Item A-21 and Item A-22 of Section VIII. Special Provisions of the Agreement.

III.

PROPOSAL

PROJECT

NAME

PROJECT

NUMBER

OWNER

BIDDER

DESIGNER

ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL

1 MOBILIZATION AND DEMOBILIZATION LS 1 $----------------- -$

2 STORMWATER POLLUTION PREVENTION PLAN LS 1 $----------------- -$

3 ALLOWANCE FOR UNANTICIPATED ADJUSTMENTS LS 1 $----------------- -$

ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL

4 REMOVE AND DIPOSE OF EXISTING PIPES, HEADWALLS, BRICKS AND ALL

ITEMS TOPERFORMED PROPOSED IMPROVEMENTS LS 1 -$ -$

5 EXCAVATION CY 150 -$ -$

6 8" COMPACTED SUBGRADE SY 80 -$ -$

7 6' SPAN X 2' RISE BOX CULVERT (12 LFx2 CULVERTS) LF 24 -$ -$

8 14"RISE X 23" SPAN (18"EQ) ELLIPTICAL RCP LF 8 -$ -$

9 18" RCP (12 LF X 3 PIPES) LF 36 -$ -$

10 3X5 BULLROCK (24" DEPTH) CY 80 -$ -$

11 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2) (3"-6") CY 30 -$ -$

12 FILTER FABRIC FOR WRAP ROCK RIP RAP SY 80 -$ -$

13 FLOWABLE BACKFILL CY 10 -$ -$

14 TRENCH SAFETY FOR PIPE/BOX (8'-10') LF 80 -$ -$

15 CEMENT STABILIZED SAND CY 50 -$ -$

16 HEADWALL/WINGWALL (HW = 5')FOR MULTIPLE BOX CULVERT LF 50 -$ $ -

17 HEADWALL/WINGWALL (HW = 4')FOR TRIPLE 18" RCP'S LF 60 -$ $ -

18 END TREATMENT FOR ELLIPTICAL PIPE (18" EQ) EA 2 -$ $ -

19 RESHAPE/REGRADE DITCH (0-4') LF 50 -$ $ -

20 SOIL RETENTION BLANKET SY 50 -$ $ -

21 WOODEN BOLLARDS WITH DELINEATOR EA 12 -$ $ -

22 DEWATERING LS 1 -$ $ -

MISSION RIVER DELTA CIRCULATION ENHANCEMENT, CBBEP No. 2123

C285-22106

COASTAL BEND BAYS & ESTUARIES PROGRAM

THE UNDERSIGNED, AS BIDDER, DECLARES THAT THE ONLY PERSON OR PARTIES INTERESTED IN THIS PROPOSAL AS PRINCIPALS ARE THOSE NAMED HEREIN; THAT THIS PROPOSAL IS MADE WITHOUT COLLUSION WITH ANY OTHER PERSON, FIRM, CORPORATION; THAT HE HAS CAREFULLY EXAMINED THE PLANS THEREIN REFERRED TO, AND HAS CAREFULLY EXAMINED THE LOCATIONS, CONDITIONS, AND CLASSES OF MATERIALS OF THE PROPOSED WORK, AND AGREES THAT HE WILL PROVIDE ALL THE NECESSARY MACHINERY, TOOLS, APPARATUS, AND OTHER MEANS OF CONSTRUCTION AND WILL DO ALL THE WORK AND FURNISH ALL THE MATERIALS CALLED FOR IN THE CONTRACT AND SPECIFICATIONS IN THE MANNER PRESCRIBED THEREIN AND ACCORDING TO THE REQUIREMENTS OF THE ENGINEER AS THEREIN SET FORTH. BIDDER FURTHER DECLARES THAT HE HAS EXAMINED THE SITE OF THE WORK AND THAT HE WILL PROVIDE, IF HE IS THE SUCCESSFUL BIDDER, THOSE ITEMS LISTED IN SECTIONS A-21, A-22, AND A-23 OF SECTION VII. SPECIAL PROVISIONS OF THE AGREEMENT. SEE ITEM

NO. 9 CONTRACTOR’S QUALIFICATION’S, SECTION II. INSTRUCTIONS TO BIDDERS.

BASE BID

The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor.

LJA ENGINEERING, INC.

SUBTOTAL GENERAL (ITEMS 1-3)

GENERAL

DRAINAGE IMPROVEMENTS

SUBTOTAL DRAINAGE IMPROVEMENTS (ITEMS 4-22)

Project No. C285-22106 Page 1 of 2

DRAINAGE IMPROVEMENTS SUBTOTAL

ADDENDUM DATE

ADDENDUM DATE

ADDENDUM DATE

BY:

TITLE:

ADDRESS:

ATTEST: DATE:

(SEAL - IF BID IS BY A COPORATION)

The undersigned agrees to complete the work for MISSION RIVER DELTA CIRCULATION ENHANCEMENTwithin 90 Calendar Days, from the date designated by the Notice to Proceed.

Receipt of the following addenda is acknowledged:

Enclosed with the PROPOSAL is a Cashier’s Check or Bidder’s Bond in the amount of $______________ (at least 5 percent of the largest BASE BID shown in this PROPOSAL). Undersigned agrees that this amount is the measure of liquidated damages which Owner will sustain by the failure of the undersigned to execute and deliver the above named Contract and bonds, and further agrees that this check or Bidder’s Bond shall be collected and retained by Owner as liquidated damages in the event this PROPOSAL is accepted by Owner within 60 days after the date of the opening of bids and the undersigned fails to execute the Contract and the required bonds with Owner with the conditions thereof, within ten (10) days after the date Contract Documents are received by the undersigned, otherwise said check or bond shall be returned to the undersigned in accordance with the provisions of the

INVITATION TO BIDDERS.

VERY TRULY YOURS,

GENERAL ITEMS SUBTOTAL

BASE BID TOTAL

BID SUMMARY TOTAL

Project No. C285-22106 Page 2 of 2

IV.

AGREEMENT

AGREEMENT

Agreement

THE STATE OF TEXAS §

COUNTY OF REFUGIO §

THIS AGREEMENT is entered into this the ____ day of , 2024, by and between the COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. (CBBEP), County of

Refugio, State of Texas, acting through its duly authorized Executive Director, termed in the

Contract Documents as "CBBEP", and , City of , County of , State of Texas, termed in the Contract Documents as "CONTRACTOR", upon these terms, performable in Refugio County, Texas.

IN CONSIDERATION of the payment of $ by the CBBEP and other obligations of the CBBEP as set out herein, the CONTRACTOR will construct, and complete certain improvements described as follows:

MISSION RIVER DELTA CIRCUALTION ENHANCEMENT

ACCORDING TO the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract

Documents, including overseeing the entire job. The Contract Documents include this

Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof.

The CONTRACTOR will commence work within ten (10) calendar days from date they receive written work order and will substantially complete same within the working time for completion of MISSION RIVER DELTA CIRCUALTION ENHANCEMENT will be 90 Calendar Days. Should CONTRACTOR default, CONTRACTOR may be liable for liquidated damages as set forth in the Contract Documents.

CBBEP WILL pay CONTRACTOR in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in four (4) parts in

Nueces County, Texas on the date shown above.

Agreement

COASTAL BEND BAYS & ESTAURIES PROGRAM, INC.

By:

Kiersten Stanzel, Executive Director

CONTRACTOR

Title:

(Address)

(City) (State) (Zip)

V.

PERFORMANCE BOND

PERFORMANCE BOND

Performance Bond

STATE OF TEXAS §

COUNTY OF REFUGIO §

KNOW ALL BY THESE PRESENTS:

That , City of , County of , State of , hereinafter called "PRINCIPAL", and a solvent company duly authorized under the laws of the

State of Texas to act as surety on bonds for principals, hereinafter called "SURETY", are held and firmly bound unto the COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. (CBBEP), a non-profit organization of Nueces, Texas, hereinafter called "CBBEP", and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of

DOLLARS (amount in words) ($ ) (amount in figures) to be paid in Refugio County, Texas, for the payment of which sum well and truly to be made, We, said

PRINCIPAL and SURETY, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:

Conditions of this bond are such that, whereas, PRINCIPAL has entered into a certain written contract with the CBBEP, dated this the of , 2024 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of:

CBBEP NO. 2123

Now therefore, the condition of this obligation is such, that if said PRINCIPAL shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by

PRINCIPAL to be observed and performed, and according to the true intent and meaning of said

Agreement hereto annexed, and if the PRINCIPAL shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the CBBEP, then this obligation shall be void;

otherwise to remain in full force and effect.

SURETY, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government

Code, as amended.

Provided further, that if any legal action be filed on this bond, venue shall lie in Refugio

County, Texas.

The undersigned agent is hereby designated by the SURETY as the Resident Agent in

Refugio County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to

3503.005, Texas Insurance Code, as amended.

In witness whereof, said PRINCIPAL and SURETY have signed and sealed this instrument in four (4) copies, each one of which shall be deemed an original, this the day of , 2024.

ATTEST CONTRACTOR

By: By:

Secretary

SURETY

Attorney-in-fact http://www.lexis.com/research/buttonTFLink?_m=40a9009efd493af2101960751614b87a&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bTex.%20Gov%27t%20Code%20%a7%202253.021%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TX%20INS%203503.001&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlW-zSkAb&_md5=05df16d89a5369410259c67649ecaa46 http://www.lexis.com/research/buttonTFLink?_m=40a9009efd493af2101960751614b87a&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bTex.%20Gov%27t%20Code%20%a7%202253.021%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TX%20INS%203503.001&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlW-zSkAb&_md5=05df16d89a5369410259c67649ecaa46

Name and address of Resident Agent of Surety in Refugio County, Texas, for delivery of notice and service of process:

Name:

Address:

(Physical Street Address)

(City) (State) (Zip)

Telephone:

Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas and shall meet any other requirements established by law or by (City) OWNER under applicable law.

Note: Surety Agent’s Original Power of Attorney must be attached hereto.

Note: Date of Performance Bond must not be prior to date of contract.

VI.

VI.

PAYMENT BOND

VI .

PA YM ENT BO ND

Payment Bond

STATE OF TEXAS §

COUNTY OF REFUGIO §

KNOW ALL BY THESE PRESENTS:

That , City of , County of , State of , hereinafter called "PRINCIPAL", and a solvent company duly authorized under the laws of the State of

Texas to act as surety on bonds for principals, hereinafter called "SURETY", are held and firmly bound unto the COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. (CBBEP), a non-profit organization of Nueces County, Texas, hereinafter called "CBBEP", and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of DOLLARS (amount in words) ($ ) (amount in figures) to be paid in Refugio County, Texas, for the payment of which sum well and truly to be made, We, said PRINCIPAL and SURETY, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:

Conditions of this bond are such that, whereas, PRINCIPAL has entered into a certain written contract with the CBBEP, dated this the day of , 2024 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of:

Now, therefore, the condition of this obligation is such, that if said PRINCIPAL shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise, to remain in full force and effect.

Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.

Payment Bond

Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government

Code, as amended.

Provided further, that if any legal action be filed on this bond, venue shall lie in Refugio

County, Texas.

The undersigned agent is hereby designated by the SURETY as the Resident Agent in

Refugio County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Sections 3503.001 to

3503.005, Texas Insurance Code, as amended.

In witness whereof, said PRINCIPAL and SURETY have signed and sealed this instrument in four (4) copies, each one of which shall be deemed an original, this the day of , 2024.

ATTEST CONTRACTOR

Secretary

SURETY

Attorney-in-fact http://www.lexis.com/research/buttonTFLink?_m=40a9009efd493af2101960751614b87a&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bTex.%20Gov%27t%20Code%20%a7%202253.021%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TX%20INS%203503.001&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlW-zSkAb&_md5=05df16d89a5369410259c67649ecaa46 http://www.lexis.com/research/buttonTFLink?_m=40a9009efd493af2101960751614b87a&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bTex.%20Gov%27t%20Code%20%a7%202253.021%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=TX%20INS%203503.001&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlW-zSkAb&_md5=05df16d89a5369410259c67649ecaa46

Payment Bond

Name and address of Resident Agent of Surety in Refugio County, Texas, for delivery of notice and service of process:

Name:

Address:

(Physical Street Address)

(City) (State) (Zip)

Telephone:

Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas and shall meet any other requirements established by law or by OWNER under applicable law.

Note: Surety Agent’s Original Power of Attorney must be attached hereto.

Note: Date of Payment Bond must not be prior to date of contract.

VII.

SPECIAL PROVISIONS

OF THE AGREEMENT

SPECIAL PROVISIONS OF THE AGREEMENT

Special Provisions of the Agreement

A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received at the CBBEP Office, 1305 N. Shoreline Blvd., Suite #205, Corpus Christi, Texas 78401, until 2:00 pm on Thursday, August 15, 2024. Proposals mailed should be addressed in the following manner:

COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. (CBBEP)

1305 N. SHORELINE BLVD. #205

CORPUS CHRISTI, TEXAS 78401

ATTENTION BID PROPOSAL: MISSION RIVER DELTA CIRCULATION ENHANCEMENT

A Pre-Bid Meeting is scheduled for 10:00 am on Thursday, August 1, 2024. The Pre-Bid Meeting will be conducted by the Engineer and the CBBEP representative. We will meet at the project site located at the end of Ermis Road, approximately ¼ mile east of 125 Ermis Road, Bayside Texas 78340. No additional or separate visitations will be conducted by the CBBEP.

A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern.

A-3 Description of Project Sealed proposals, addressed to the Coastal Bend Bays & Estuaries Program, Inc. (Owner) for the MISSION RIVER DELTA CIRCULATION ENHANCEMENT, CBBEP NO. 2123. The work consists of removing three existing concrete pipe crossings & damaged structures and installing three new crossings at the same location. Crossing #1 consists of a single 14” rise x 23” span elliptical pipe (18" RCP equivalent); Crossing #2 consists of three 18" RCP pipes and Crossing #3 consists of a double 6' span x 2' rise box culverts. Minor excavation to install new crossings, bull rock for soil stabilization and erosion protection; and Type A, Grade 1-2 base material for trail surface on top of the new pipe crossings. The construction staging placement area will be located upland. Board mats will be placed to protect any vegetated area along the trail while moving material to the site. All excavated material should be removed from the site. This project is located at the end of Ermis Road, Mission River Delta marsh as part of the restoration program to enhance the river circulation for the Coastal Bend Bays & Estuaries Program, Inc. All work shall be completed in accordance with the construction plans, specifications, and contract documents.

A-4 Method of Award The bids will be evaluated based on the following priorities subject to the availability of funds.

1. Total Base Bid

The award of the Contract will be to the lowest, responsible Bidder that submits a responsive Bid that demonstrates that the Bidder meets all of the requirements of the Bidding Documents, including the minimum specific project experience requirements. The CBBEP reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the CBBEP's opinion, is most advantageous to the CBBEP and in the best interest of the public.

A-5 Explanation of Proposal and Items to be Submitted with Proposal The following items ARE REQUIRED to be submitted with the Proposal:

1. 5% Bid Bond (must reference Project Name): MISSION RIVER DELTA CIRCULATION

ENHANCEMENT as identified in the Proposal. (A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable).

Special Provisions of the Agreement

2. A list of successfully completed projects similar to the project proposed by these plans and specifications. The list shall include the project description, construction cost, and Owner and Engineer reference contact information.

3. Information requested in Items A-21 and A-22 of the Special Provisions.

A-6 Time of Completion/Liquidated Damages The working time for completion of MISSION RIVER DELTA CIRCULATION ENHANCEMENT will be 90 Calendar Days.

For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time-period as extended pursuant to other provisions of MISSION RIVER DELTA CIRCULATION ENHANCEMENT $300.00 (three hundred dollars) per calendar day will be assessed against the Contractor as liquidated damages.

Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the CBBEP will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Executive Director may withhold and deduct from the monies otherwise due to the Contractor in the amount of the liquidated damages that are due to the

CBBEP.

A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project.

Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the Engineer.

A-8 Faxed Proposals Proposals faxed directly to the CBBEP will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions.

A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder.

A-10 Cooperation with Public Agencies The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using DIGTESS at 1.800.344.8377, the Lone Star Notification Company at 1.800.669.8344, Texas 811 and the Verizon Dig Alert at 1.800.483.6279.

For the Contractor's convenience, the following telephone numbers are listed.

A/E Project Manager / Engineer Yesenia Singleton, PE LJA Engineering, Inc.

5350 S. Staples, Suite 425 Corpus Christi, TX 78411 Phone: 361.991.8550 Email: ysingleton@lja.com

Pipeline Technician III Cory Daniels Enbridge, Inc.

Phone: 631.269.7100 Cell: 361.412.8451

Director of Land Conservation Jake Herring

Coastal Bend Bays and Estuaries Program, Inc.

Phone: 361.336.0309 Cell: 361.244.0258

A-11 Maintenance of Services The Contractor shall take all precautions to protect existing utilities, both above and below ground.

The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed.

It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities.

A-12 Area Access All weather access must be provided at all times during construction. The Contractor must provide temporary matts, driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather.

The Contractor will be required to schedule his operations so as to cause minimum adverse impact of adjoining properties and wetlands.

mailto:ysingleton@lja.com

A-13 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining area free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price.

Site must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the body of water. No visible material that could be washed into the river is allowed to remain on the Project site or adjoining streets.

A-14 Excavation and Removals All existing concrete and debris within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to the Contractor.

A-15 Disposal/Salvage of Materials Excess material and other unwanted material will become the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary;

therefore, no direct payment will be made to Contractor.

A-16 Schedule and Sequence of Construction The Contractor shall submit to the Engineer a work plan based only on working days. This plan must detail the schedule of work and must be submitted to the Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items:

1. Initial Schedule: Submit to the Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review.

2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first workday of each week.

3. Submittal Dates: Indicate submittal dates required for all submittals.

4. Re-Submission: Revise and resubmit as required by the Engineer.

5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule.

A-17 Construction Staking The drawings depict lines, slopes, grades, sections, measurements, benchmarks, baselines, etc.

that are normally required to construct a project of this nature. The Engineer shall furnish all control staking. Contractor shall furnish all construction staking.

A-18 Testing and Certification The CBBEP shall provide material testing. All materials to be used in project construction shall be subject to testing. The preponderance of testing to be performed in this project is directly related to MISSION RIVER DELTA CIRCUALTION ENHANCEMENT a series of laboratory tests normally associated with this type of construction will be required, said tests being performed by an independent testing laboratory using qualified personnel. If TxDOT Specifications are referenced for material, Contractor shall perform testing required by that specification as part of submittals. The Contractor shall notify the Engineer at least one week prior to the contractor beginning construction.

It is assumed that the preponderance of testing required in this project is testing related directly to paving, concrete, and utility construction. The following ratio of testing is established.

DENSITIES

Raw Subgrade ................................................................................ 1 per 200 LF of each lane/lift or 1 per 300 SY on paved areas Curb/Gutter Subgrade ........................................................................ 1 per 200 LF curb and gutter Base Material .................................................................................. 1 per 200 LF of each lane/lift or 1 per 300 SY on paved areas

BACKFILL DENSITY CONTROL

Utility Trench .................................................................................. 1 per 200 LF/Lift (1 per lift min) Behind Curb and Gutter ...................................................................... 1 per 200 LF curb and gutter Trench Under Roadways ................................................................ 1 per 200 LF/Lift (1 per lift min)

PROCTORS

Raw Subgrade ........................................................................................... 1 per each type material Fill Material .............................................................................................. 1 per 3,000 CY of material Base Material ............................................................................................................ 1 per 3,000 CY Bank Sand Backfill ..................................................................... 1 per each type of material source Trench Backfill (Natural Material) .......................................................... 1 per each type of material

BASE QUALIFICATION TESTS

Atterberg Limits and Gradation…………………………………………………………….1 per 3,000 CY Wet Ball Test ………………………………………………………………………………………………1

CONCRETE (COMPRESSIVE STRENGTH TEST)

Curb/Gutter…………………………………………………………………………….1 set (3) per 500 LF Sidewalks, Drives, Concrete Pavement…………………………….1 set (3) per 4,000 SF (1 set min) Inlets……………………………………………………………………………….….1 set (3) per 6 Inlets Poured–In–Place Concrete Culvert (Ea) …………………………………………………2 sets per each Foundations…………………………………………………………………………………..2 sets per each

HOT MIX ASPHALTIC CONCRETE (HMAC)

Extraction, Sieve Analysis…………………………………………………………….per 500 tons or day Lab Density & Stability…………………………………………………………………per 500 tons or day Theoretical Density (Rice Method)……………………………………………………per 500 tons or day Temperature – During Lay-Down …………………………………………………continuous as needed Thickness – In Place (Core) ………………………………………………..………….per 1000 LF street % Air Voids – In Place (Core) ………………………………………………………. per 1000 LF street % Theoretical Density – In Place (Core) …………………………………………….per 1000 LF street

BANK SAND BACKFILL………………………………Atterberg Limits & 1-minus #200 sieve analysis from source prior to delivery to site.

Two Atterberg Limits & minus #200 sieve from onsite stockpiles when directed by project representative.

BANK SAND BEDDING & INITIAL BACKFILL……… Classification Tests, Sieve Analysis minus

#200 sieve prior to delivery to site.

Two additional of same from stockpile.

The above schedule is a minimum schedule for testing. Failures are not included. In the event of failures, additional tests will be required. If excessive rain occurs on a previously tested section, the Engineer shall order re-tests as necessary. Retests shall be at Contractors expense.

A-19 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows:

"No surety will be accepted by the CBBEP from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the CBBEP. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas.

If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the CBBEP Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas.

The Surety shall designate an agent who is a resident of Refugio County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued."

A-20 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to:

1. Name: CBBEP

2. Address: 1305 n. Shoreline Blvd Corpus Christi, Texas 78401

3. Number of Days Advance Notice: 30

The Contractor shall provide to the Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the Engineer requests that the Contractor sign the Contract documents.

Within thirty (30) calendar days after the date the Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract.

For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the CBBEP and LJA Engineering, Inc. are an additional insured under the insurance policy. The CBBEP need not be named as additional insured on Worker's Compensation coverage.

For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the CBBEP, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract.

The foregoing indemnity shall apply except if such injury, death, or damage is caused directly by the negligence or other fault of the CBBEP, its agents, servants, or employees or any person indemnified hereunder.

A-21 Considerations for Contract Award and Execution To allow the CBBEP to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the CBBEP may require a bidder to provide documentation concerning:

1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid.

2. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the CBBEP's request, signed and dated by the bidder's owner, president, or other authorized party, specifying all current assets and liabilities.

A-22 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the CBBEP. The criteria upon which the CBBEP makes this determination may include the following:

1. The superintendent must have at least five (5) years experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process and contract close-out procedures.

2. The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not required, the Contractor's superintendent shall assume the responsibilities of a foreman.

Documentation concerning these matters will be reviewed by the CBBEP. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the CBBEP in writing prior to such superintendent or…