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HomeMy WebLinkAboutC2008-311 - 8/26/2008 - ApprovedS P EC I A L P -R 0 V I S I Bay, Ltd. S P E C C I F Y C A T I.O N S A N D FORMS O F C O N T R A C T S A N D F O R B O N D S 1 1' 11. U 1 L STREET OVERLAYS CLUSTERS x, O a & ' CLUSTER 1 COYM, RENNET &.GUTIERREZ ENGINEERING, L.P.. 5656S.:_STAPLES, SUITE 230 - . CORPUS :CHRISTI/ .:TEXAS 78411 Phone: 361/.991 -8550 Fax 361/993 -7569 Email:. dOnr @crgei.com CLUSTERS2 & 4 L.N.V. ENGINEERING- 801 NAVIGATION SUITE, 300 -_- CORPUS CHRISTI, `TEXAS :78408 Phone: 361 - 883 -1984 Fax 361 - 883 - .1956. Email: danl@lnvinc.com CLUSTER 3 RIFE INC. 820 BUFFALO ST.' CORPUS CHRISTI,: TEXAS. 78401 Phone: 361 -887 -8851 Fax: 361- 887 -8855 Email: patveteto @rve -inc. COM FOR STREET DEPARTMENT:. CITY OF CORPUS CHRISTI,TEXAS Phone: 361/826 -1881 Fax :: 361/826 - 1889__. AND DEPARTMENT - OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: -361/880 -3500 Fax: 361/880 -3501 PROJECT N0: 6446 Clus ter 1 6447 Clusters 2 & 4 6448 Cluster 3 DRAWING NO. Cluster 1: 791' Clpaters 2 & 4: 792 Cluster 3: 793 sP it SEPH DON (Olt. 0:01 grit 6 I 2008 -311 M2008 -229 08/26/08 b/Aar 4 S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R STREET OVERLAYS CLUSTERS 1, 2, 3 & 4 CLUSTER 1 COYM, REHMET & GUTIERREZ ENGINEERING,- L.P. 5656 S. STAPLES, SUITE 230. CORPUS CHRISTI, TEXAS 78411 Phone: 361/991 -8550 Fax: 361/993 -7569 Email: donr @crgei.com CLUSTERS 2 & 4 L.N.V. ENGINEERING 801 NAVIGATION SUITE 300 CORPUS CHRISTI, TEXAS 78408 Phone: 361- 883 -1984 Fax: 361- 883 -1986 Email: danl @lnvinc.com CLUSTER 3 RVE INC. 820 BUFFALO ST. CORPUS CHRISTI, TEXAS 78401 Phone: 361- 887 -8851 Fax: 361 - 887 -8855 Email: patveteto @rve- inc.com FOR STREET DEPARTMENT CITY OF CORPUS CHRISTI,TEXAS Phone: 361/826 -1881 Fax: 361/826 -1889 AND DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 PROJECT NO: 6446 Cluster 1 6447 Clusters 2.& 4 6448 Cluster 3 DRAWING NO. Cluster 1: 791 Clusters 2 & 4: 792 Cluster 3: 793 6 *: *A f JOSEPH DON REHMEt jj 0.:36151 �,s (re•IONA; (Revised 7/5/00) STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4 CLUSTER 1 PROJECT NO. 6446 CLUSTERS 2 & 4 PROJECT NO. 6447 CLUSTER 3 PROJECT NO. 6448 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A-5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials NOT USED A -18 Schedule and Sequence of Construction A-19' Construction Staking A -20 Testing and Certification A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inopection Rcquircd (R -vi„ed 7/5/00) NOT USED A -24 Surety Bonds A 25 Salca Tax Excmpti n NO LONGER APPLICABLE (6/11/98) A -26 Supplemental Insurance Requirements A 27 Rcoponsibility for Damage Claimer NOT USED A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended Policy on Extra Work and Change Orders A -32 Amended "Execution of Contract" Requirements A -33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Watcr Facilities Spccial Rcquircmcnta NOT USED A -36 Other Submittals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory NOT USED A -42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) NOT USED NOT USED A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Geotechnical Report A -51 Mobilization and Demobilization Bid Items A -52 Amended "Prosecution and Progress" PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 2 - SITEWORK SECTION 025402 SECTION 025404 SECTION 025414 SECTION 025424 SECTION 025610 SECTION 025802 SECTION 025805 Planing Asphalt Surfaces Asphalts, Oils and Emulsions Aggregate For Surface Treatment & Seal Coats Hot Mix Asphaltic Concrete Pavement Concrete Curb & Gutter Temporary Traffic Controls During Construction Abbreviated Pavement Markings DIVISION 3 - CONCRETE WORK SECTION 030020 SECTION 032020 SECTION 038000 DIVISION 5 - METALS SECTION 055420 Portland Cement Concrete Reinforcing Steel Concrete Structures Frames, Grates, Rings and Covers PART T - TECHNICAL SPECIFICATIONS DIVISION 2 - SITEWORK SECTION 025203 SECTION 025222 SECTION 025410 SECTION 025412 SECTION 025416 SECTION 025426 SECTION 025809 SECTION 025813 SECTION 025816 SECTION 025818 SECTION 025820 SECTION 025828 Geogrid Reinforcement Flexible Base - High Strenth Asphalt Crack Sealing Prime Coat Seal Coat Full Depth Pavement Reclamation With Cement Treatment Thermoplastic Striping Preformed Striping & Emblems Raised Pavement Markers and Traffic Buttons Reference - Pavement Markers (TxDOT D -9 -4200) Reference - Traffic Buttons (TxDOT D -9 -4300) Bituminous Adhesive for Pavement Markers (TxDOT D -9 -6130) DIVISION 13 - SPECIAL CONSTRUCTION SECTION 130005 City of Corpus Christi Standard Specification Video Detection Camera Unit and Rack Mounted CPU System APPENDIX: Letter Report - Field Investigation for the CITYWIDE 2008 STREET OVERLAY ii PROJECT, Corpus Christi, Texas, June 12, 2008. LIST OF DRAWINGS SHEET # DESCRIPTION 1 Title Sheet 2 General Notes 3 Estimated Quantities Cluster 1 4 Estimated Quantities Clusters 2 & 3 4A Estimated Quantities Cluster 4 5 Legend, Abbreviations and Testing Schedule Cluster 1 Sheets 6 Cluster 1 Riverhill Exist /Prop. Typical Sections 7 Cluster 1 Wandering Creek, Wildcat Drive & Carancahua (Third) Street Exist /Prop. Typical Sections 8 Cluster 1 Louisiana Parkway (N) & (S) Exist /Prop. Typical Sections 9 Cluster 1 Robert Drive & Flynn Parkway Exist /Prop. Typical Sections 10 -12 Cluster 1 Traffic Control Plans for Riverhill 13 -17 Cluster 1 Traffic Control Plans for Wandering Creek 18 -20 Cluster 1 Traffic Control Plans for Wildcat Drive 21 -23 Cluster 1 Traffic Control Plans for Carancahua (Third) Street 24 -26 Cluster 1 Traffic Control Plans for Louisiana Parkway (N) 27 -34 Cluster 1 Traffic Control Plans for Louisiana Parkway (S) 35 -37 Cluster 1 Traffic Control Plans for Robert Drive 38 -40 Cluster 1 Traffic Control Plans for Flynn Parkway 41 Cluster 1 Riverhill Drive STA. 0 +00 to STA. 15 +00 42 Cluster 1 Riverhill Drive STA. 15 +00 to STA. 22 +00 43 Cluster 1 Wandering Creek STA. 0 +00 to STA. 20 +00 44 Cluster 1 Wandering Creek STA. 20 +00 to STA. 29 +00 45 Cluster 1 Wildcat Drive STA. 0 +00 to STA. 16 +00 46 Cluster 1 Carancahua (Third) Street STA. 0 +00 to STA 15 +00 47 Cluster 1 Louisiana Parkway (N) STA. 0 +00 to STA. 17 +00 48 Cluster 1 Louisiana Parkway (S) STA. 0 +00 to STA. 20 +00 49 Cluster 1 Louisiana Parkway (S) STA. 20 +00 to STA. 35 +00 50 Cluster 1 Louisiana Parkway (S) STA. 35 +00 to STA. 48 +00 51 Cluster 1 Louisiana Parkway (S) STA. 48 +00 to STA. 54 +50 52 Cluster 1 Robert Drive STA. 0 +00 to STA. 18 +00 53 Cluster 1 Flynn Parkway STA. 0 +00 to STA. 14 +00 Cluster 2 Sheets 54 Cluster 2 Baldwin Boulevard Exist /Prop. Typical Sections 55 Cluster 2 Morgan Avenue Exist /Prop. Typical Sections 56 Cluster 2 Morgan Avenue Exist /Prop. Typical Sections 57 Cluster 2 Morgan Avenue Exist /Prop. Typical Sections 58 Cluster 2 Nueces Bay Boulevard Exist /Prop. Typical Sections 59 Cluster 2 Nueces Bay Boulevard Exist /Prop. Typical Sections 60 Cluster 2 Tarlton Street Exist /Prop. Typical Sections 61 Cluster 2 Up River Raod Exist /Prop. Typical Sections 62 Cluster 2 Advance Warning Signs for Baldwin Boulevard Plan 63 Cluster 2 Advance Warning Signs for Morgan Avenue 64 Cluster 2 Advance Warning Signs for Morgan Avenue 65 Cluster 2 Advance Warning Signs for Nueces Bay Boulevard 66 Cluster 2 Traffic Control for Nueces Bay Boulevard 67 Cluster 2 Advance Warning Signs for Tarlton Street 67A Cluster 2 Traffic Control and Lane Closure Plan for Tarlton Street 68 Cluster 2 Advance Warning Signs for Up River Road 69 Cluster 2 Baldwin Boulevard STA. 0 +00 to STA. 14 +51 70 Cluster 2 Morgan Avenue STA. 0 +00 to STA. 18 +00 71 Cluster 2 Morgan Avenue STA. 18 +00 to STA. 36 +00 72 Cluster 2 Morgan Avenue STA. 36 +00 to STA. 54 +24.52 73 Cluster 2 Nueces Bay Boulevard STA. 0 +00 to STA. 16 +00 74 Cluster 2 Nueces Bay Boulevard STA. 16 +00 to STA. 23 +37.46 75 Cluster 2 Tarlton Street STA. 0 +00 to STA. 12 +45.20 76 Cluster 2 Up River Road STA. 0 +00 to STA. 17 +50 77 Cluster 2 Up River Road STA. 17 +50 to STA. 25 +68.34 iii SHEET # DESCRIPTION Cluster 3 Sheets 78 Cluster 3 Trojan Drive Exist /Prop. Typical Sections 79 Cluster 3 Airline Road Exist /Prop. Typical Sections 80 Cluster 3 Commodores Drive Exist /Prop. Typical Sections 81 Cluster 3 Trojan Drive Advanced Warning Traffic Control Devices 82 Cluster 3 Trojan Drive Traffic Control & Typical Lane Closure Plan 83 Cluster 3 Airline Road Advanced Warning Traffic Control Devices 84 Cluster 3 Airline Road Traffic Control & Typical Lane Closure Plan 1 of 2 85 Cluster 3 Airline Road Traffic Control & Typical Lane Closure Plan 2 of 2 86 Cluster 3 Commodores Drive Advanced Warning Traffic Control Devices 87 Cluster 3 Commodores Drive Traffic Control & Typical Lane Closure Plan 88 Cluster 3 Trojan Drive STA. 0 +00 to STA. 22 +00 89 Cluster 3 Trojan Drive STA. 22 +04 to STA. 38 +82 90 Cluster 3 Airline Road STA. 0 +00 to STA. 21 +25 91 Cluster 3 Airline Road STA. 21 +25 to STA. 30 +84 92 Cluster 3 Commodores Drive STA. 0 +00 to STA. 18 +50 93 Cluster 3 Commodores Drive STA. 18 +50 to STA. 33 +58 94 Cluster 3 Special Striping Details Cluster 4 Sheets 95 Cluster 4 Shoreline Boulevard Exist /Prop. Typical Sections 96 Cluster 4 Shoreline Boulevard Exist /Prop. Typical Sections 96A Cluster 4 Shoreline Boulevard Exist /Prop. Typical Sections 97 Cluster 4 Shoreline Boulevard Exist /Prop. Typical Sections 97A Cluster 4 Shoreline Blvd. Advanced Warning Traffic Control Devices 97B Cluster 4 Shoreline Blvd. Sequence of Construction 97C Cluster 4 Shoreline Blvd. Phase I & VI Traffic Control Plan 97D Cluster 4 Shoreline Blvd. Phase II & VII Traffic Control Plan 97E Cluster 4 Shoreline Blvd. Phase III & VIII Traffic Control Plan 97F Cluster 4 Shoreline Blvd. Phase IV & IX Traffic Control Plan 97G Cluster 4 Shoreline Blvd. Phase V & X Traffic Control Plan 98 Cluster 4 Shoreline Boulevard STA. 0 +00 to 18 +00 99 Cluster 4 Shoreline Boulevard STA. 18 +00 to 36 +00 100 Cluster 4 Shoreline Boulevard STA. 36 +00 to 45 +00 101 Cluster 4 Shoreline Boulevard STA. 45 +00 to 54 +00 102 Cluster 4 Shoreline Boulevard STA. 54 +00 to 64 +00 103 Cluster 4 Shoreline Boulevard STA. 63 +00 to 72 +00 104 Cluster 4 Shoreline Boulevard STA. 72 +00 to 90 +00 105 Cluster 4 Shoreline Boulevard STA. 90 +00 to 95 +75 106 Cluster 4 Shoreline Additive /Alternate No. 1 STA. 95 +75 to 115 +00 106A Cluster 4 Shoreline Additive /Alternate No. 1 STA. 115 +00 to 124 +50 107 Cluster 4 Shoreline Additive /Alternate No. 2 STA. 124 +50 to 133 +50 107A Cluster 4 Shoreline Additive /Alternate No. 3 STA. 133 +50 to 142 +86 108 Cluster 4 Shoreline Boulevard Special Striping Details 1 of 2 109 Cluster 4 Shoreline Boulevard Special Striping Details 2 of 2 Detail Sheets (All Clusters) 110 -110B Overlays & Utility Adjustment Details (3 Total) 111 Curb & Gutter Details 112 RTA Concrete Bus Pad Details 113 Pavement Marking Details 114 Reflective Raised Pavement Marking Details 115 Bicycle Lane Pavement Marking Details 1 of 2 116 Bicycle Lane Pavement Marking Details 2 of 2 117 TCP General Notes & Typical 4 -Lane Roadway Lane(s) Closure (Daytime) 118 Typical 5 -Lane Roadway Lane(s) Closure (Daytime) 119 -131 Standard Traffic Control Detail Sheets (13 Total) iv NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND v NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4; Project Nos. 6446, 6447 and 6448 consists of asphalt overlays on portions of eighteen City streets. The streets will be in four clusters. Cluster 1 includes portions of River Hill Drive, Wandering Creek Drive, Wildcat Drive, Carancahua (Third) Street, Louisiana Parkway (North), Louisiana Parkway (South), Robert Drive and Flynn Parkway. The project base bid for Cluster 1 will include 61,005 S.Y. pavement milling, 8,586 S.Y of full depth pavement repair, 4,860 S.Y. of full depth pavement reclamation with cement treatment, 61,005 S.Y. seal coat, 61,005 S.Y. hot - mix - asphalt concrete pavement, 47 each valve adjustments, 35 each manhole adjustments, 45,217 L.F. of pavement striping, 1,190 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. Cluster 2 includes portions of Nueces Bay Boulevard, Tarlton Street, Up River Road, Morgan Avenue and Baldwin Boulevard. The project base bid for Cluster 2 will include 65,710 S.Y. pavement milling, 10,120 S.Y. of full depth pavement reclamation with cement treatment, 67,790 S.Y. seal coat, 67,790 S.Y. of hot - mix- asphalt concrete pavement, 135 each valve adjustments,49 each manhole adjustments, 34,558 L.F. of pavement striping, 3,550 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. Cluster 3 includes portions of Trojan Drive, Airline Road, and Commodores Drive. The project base bid for Cluster 3 will include 62,285 S.Y. pavement milling, 12,140 S.Y. of full depth pavement repair, 62,285 S.Y. seal coat, 62,285 S.Y. hot -mix- asphalt concrete pavement, 10 each valve adjustments, 24 each manhole adjustments, 39,643 L.F. of pavement striping, 1,188 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. Cluster 4 includes Shoreline Boulevard from Power Street to Elizabeth Street. The project base bid for Cluster 4 will include 90,930 S.Y. pavement milling, 9,100 of full depth pavement repair, 90,930 S.Y. seal coat, 90,930 S.Y. hot - mix - asphalt concrete pavement, 53 each valve adjustments, 16 each manhole adjustments, 52,739 L.F. of pavement striping, 1,775 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Alternate Bids associated with Cluster 4 will include 34,610 S.Y. pavement milling, 34,610 S.Y. seal coat, 34,610 S.Y. hot - mix - asphalt concrete pavement, 15 each valve adjustments, 1 each manhole adjustments, 23,602 L.F. of pavement striping, 50 L.F. curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. Proposals will be received at the office of the City Secretary until 2:00 p.m on Wednesday, August 06, 2008, 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 a.m., on Wednesday, July 30, 2008 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Revised 7/5/00 Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Kevin Stowers Interim Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised May, 2006 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $1,000,000.COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH -II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental - discharge; to include long -tern environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X - NOT REQUIRED . BUILDERS' RISK See Section 8-6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED X NOT REQUIRED Page 1 of 2 ❑ The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ❑ The name of the Project must be listed under "description of operations" on each certificate of insurance. ❑ For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS - B ) NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION COVERAGE FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building cr construction project must be covered by worker's compensation insurance, authorized self - insurance, or an approved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) to provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or services on this Project at any time, including during the maintenance guaranty period. Motor carriers which are required t� reg4 °- °' with the Texas Department of Transportation under Texas Civil Statutes Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need not rrovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which is attached and deemed `incorporated into the project contract. Please note that under section 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. By signing this Contract, the Contractor certifies that it will timely comb': with these Notice to Contractors "5" requirements. • NOTICE TO CONTRACTORS - 8 (Revise° 1/13/98) Page 1 of 7 8/7 / 9a lC " c Title 23. DiSURANCE Parr II. TEXAS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUIRED NOTICES OF COVERAGE Subchapter B. EMPLOYER NOTICES § 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this ruie shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (cenificatei —A cony of a certificate of Durance, a certificate of authorinv to seif- insure issued by the commission, or a workers' compensation coverage agreement (TWCC -S 1, TWCC -82, TWCC -83, or IZVCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction —Has the meaning defined in the Texas Labor Code, § 406.095(e)(1). (3) Contractor—A person bidding for or awarded a building or construction project by a governmental endty. (4) Coverage— Workers' compensation insurance meeting the statutory requirements of the Texas Tabor Code, § 401.011(44). (5) Coverage agreement —A written agreement on formTWCC -81, form TWCC-82,. form 7.-WCC -83. or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parries for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services oa the project. (6) Duration of the project— Lncludes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ('subcontractor" in § 406.096 of the Act) —« ith the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not r limited to independent contractors, subconuaaors.- leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of anv entity furnishing persons to perform services on the project. "Services" includes but is not [muted NOTICE TO CONTRACTORS - '- Revised 1/13/98) Page 2 of 7 htto : / /wwwses.stare.tx.us/tacJ28/11/110/13/110.110.html 8/7/98 =S TAC :. _. , .: Page 2 cf ti too _ _ -z una, or decvering equipment or materials. cr providing labor, transperzttcn• or other service related to a projec :. "Services" does not i:cicde activities unrelated to the project_ such as foodirieveratit vendors, or;.ce supply deliveries, an: delivery of portable toilets. (8) Prcje — includes the provision of all services related to a building or construction cot :Tact for a gover=e ^t_ entity. (b) Providinz or causing to be provided a certifica :e of coverage pursuant to this rule is a represectadc: by the insured that all employees of the insured who are providing services en the project re covered by workers' compensation coverage, that the coverage is based on proper repotting of classification codes and payroll amounts, and that all coverage agreements have been tiled 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 certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A gove=ental entity that enters into a building or construction contract on a projec shall: (I) include in the bid specifications, all the provisions of paragraph (7) of this subsection. using the language required by paragraph (7) of this subsection; (2) as Dart of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain front the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and •(B).no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration oft the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter, (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure i for bid specifications and contracts. \without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: T28SI101 10(c)(7) tbl http://www sos.state.tx.us/tact2S/L1/110/B/110.110.htscl NOTICE TO CONTRACTORS - 3 Revised 1/13/981 Page 3 'o[ 7 8/7/98 IS TAC 110.110 -) A contractor shall: Page 3 of 6 i) provide coverage for its employees providing services on a project, ft: the duration of the project `aced on proper reporting of classification codes and payroll amounts and E:.z of any coverage agreements; ,;3) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; ( 3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractors current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) 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 tile project; and (8) 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; (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 ten 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; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does nor satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shalt be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the cotmission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. T is includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employees failure to provide coverage." hnp://www.sos. state. tx.usitac/28/IU110/8/110.110.html NOTICE :O CONTRACTORS - e Revised 1/13/98) Page 4 of 7 8/7/98 eage4or6 ?S TAC i ;0.110 (8) contractually require each person with whom it contracts to provide services c:: a p roject to: (A) provide coverage based on proper reporting of classification codes and oayroii amounts and filing of any coverage agreetr.ens for all of is employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning_ .voric on the project; (C) include in all contracts to provide services cn the project the ianguage in subsection (e)(3) of this section; (D) 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; (E) obtain from each other person with whore it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the ocher person beginning Fork on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year - thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within ten 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 (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration any cover based on proper reporting of classification codes and payroll amounts and filing agreements; (2) provide a certificate of coverage as required by its contract to provide services cn the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signings contract is representing to the governmental entity that all employees of the person signing contract who will provide services on the project will be covered by workers' compensation coverage NOTICE TO CONTRACTORS - Revised 1 /t3 /98) 8/7/98 http : / /www.sos. state. ncus /tacJ28/II/110/B /110.110.html Page 5 of 7 V. A ,v rage of o for the duration of t.e project, that the coverage will be based on proper repotting 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 penaides. criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, anew certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within tea days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; • (B) provide a certificzte of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work' on the project; and (u) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the http://www.sos.state.rx.us/tac/28/11/110/B/110.110.html NOTICE TO CONTRACTORS - 8 Revised 1/13/98) Page 6 of 1 8/7/98 L3 LAL IUJ.11u Page6 of6 duration of :he contract_ (F) retain all required certi :a:es of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmentai entity in writing by certified mail or personal delivery, within ten days after the person 'mew or should have (mown, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (0 If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This ruie is applicable for building or construction contracts advertised for bid by a governmental entity on or. after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675; § 4Q). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the eewiih the Act, , 406. 97 a 06as added by House Bt71 08974th Legislature, coverage in accordance with the Act, § () (as Y 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - inure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609. Return to Section Index http://www.sos.state.rx.usitac/28/11/110/B/110.110.html NOTICE TO CONTRACTORS - 8 Revised 1/17/981 Page 7 of 7 8/7/98 PART A SPECIAL PROVISIONS STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4 PROJECT NO. 6446 (1), 6447 (2 & 4), 6448 (3) SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity advertisement inviting bids for the project. Proposals the office of the City Secretary, located on the first 1201 Leopard Street, until 2:00 pm Wednesday, August mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4 PROJECT Nos. 6446, 6447, 6448 with the official will be received in floor of City Hall, 6, 2008. Proposals A pre -bid meeting will be held on Wednesday, July 30, 2008, beginning at 10:00 AM. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas and will include a discussion of the project elements. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project STREET OVERLAYS- CLUSTERS 1, 2, 3 & 4; Project Nos. 6446, 6447 and 6448 consists of asphalt overlays on portions of eighteen City streets. The streets will be in four clusters. Cluster 1 includes portions of River Hill Drive, Wandering Creek Drive, Wildcat Drive, Carancahua (Third) Street, Louisiana Parkway (North), Louisiana Parkway (South), Robert Drive and Flynn Parkway. The project base bid for Cluster 1 will include 61,005 S.Y. pavement milling, 8,586 S.Y of full depth pavement repair, 4,860 S.Y. of full depth pavement reclamation with cement treatment, 61,005 S.Y. seal coat, 61,005 S.Y. hot - mix - asphalt concrete pavement, 47 each valve adjustments, 35 each manhole adjustments, 45,217 L.F. of pavement striping, 1,190 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. Cluster 2 includes portions of Nueces Bay Boulevard, Tarlton Street, Up River Road, Morgan Avenue and Baldwin Boulevard. The project base bid for Cluster 2 will include 65,710 S.Y. pavement milling, 10,120 S.Y. of full depth pavement reclamation with cement treatment, 67,790 S.Y. seal coat, 67,790 S.Y. of hot - mix - asphalt concrete pavement, 55 each valve adjustments,42 each manhole adjustments, 34,914 L.F. of pavement striping, 3,550 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 1 associated with Cluster 2 includes 14 each bus stop concrete slabs in accordance with the plans, specifications and contract documents. Cluster 3 includes portions of Trojan Drive, Airline Road, and Commodores Drive. The project base bid for Cluster 3 will include 62,285 S.Y. pavement milling, 11,654 S.Y. of full depth pavement repair, 62,285 S.Y. seal coat, 62,285 S.Y. hot - mix - asphalt concrete pavement, 10 each valve Section A - SP (Revised 12/15/04) Page 1 of 29 adjustments, 26 each manhole adjustments, 40,155 L.F. of pavement striping, 1,168 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 1 associated with Cluster 3 includes 16 each bus stop concrete slabs in accordance with the plans, specifications and contract documents. Cluster 4 includes Shoreline Boulevard from Power Street to Oleander Avenue. The project base bid for Cluster 4 (Power Street to Elizabeth Street) includes 90,930 S.Y. pavement milling, 1,010 of full depth pavement repair, 90,930 S.Y. seal coat, 91,230 S.Y. hot - mix - asphalt concrete pavement, 500 tons hot - mix - asphalt concrete level-up, 20 each valve adjustments, 9 each manhole adjustments, 41,939 L.F. of pavement striping, 1,775 L.F. of curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 1 (Elizabeth. Street to Louisiana Avenue) associated with Cluster 4 includes 22,320 S.Y. pavement milling, 2,240 S.Y. of full depth pavement repair, 22,320 S.Y. seal coat, 22,320 S.Y. hot - mix - asphalt concrete pavement, 2 each valve adjustments, 2 each manhole adjustments, 16,414 L.F. of pavement striping, 50 L.F. curb replacement and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 2 (Louisiana Avenue to Leming Avenue) associated with Cluster 4 includes 6,370 S.Y. of pavement milling, 640 S.Y. of full depth pavement repair, 6,370 S.Y. seal coat, 6,370 S.Y. hot - mix - asphalt concrete pavement, 2 each valve adjustments, 2,874 L.F. of pavement striping, and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 3 (Leming Aveneue to Oleander Avenue) associated with Cluster 4 includes 5,920 S.Y. of pavement milling, 600 S.Y. seal coat, 5,920 S.Y. hot -mix- asphalt concrete pavement, 2 each valve adjustments, 3,314 L.F. of pavement striping, and all associated traffic control measures in accordance with the plans, specifications and contract documents. The Additive Alternate Bid Item No. 4 associated with Cluster 4 includes 3 each bus stop concrete pads in accordance with the plans, specifications and contract documents. A -4 Method of Award The bids will be evaluated based on the Total Base Bid or Total Base Bid and Alternate Bid Items for each Cluster. Separate contracts may be awarded for each cluster or combination of clusters depending upon bid amounts for each cluster, the greatest advantage for the City and subject to the availability of funds. Bidders may choose to "No Bid" any cluster by inserting that language on the Proposal Form for the particular Cluster. The bids will be evaluated in the following order for each Cluster: Cluster 1 Total Base Bid Cluster 2 Total Base Bid or Total Base Bid Plus Additive Alternate No. 1 Cluster 3 Total Base Bid or Total Base Bid Plus Additive Alternate No. 1 Cluster 4 Total Base Bid or Total Base Bid Plus Additive Alternate No. 1 Section A - SP (Revised 12/15/04) Page 2 of 29 Total Base Bid Plus Additive Alternate No. 1 and Additive Alternate No. 2 Total Base Bid Plus Additive Alternate No. 1 and Additive Alternate No. 2 and Additive Alternate No. 3 Total base Bid Plus Additive Alternate No. 1 and Additive Alternate No. 2 and Additive Alternate No. 3 and Additive Alternate No. 4 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Explanation of Proposal A description of the Base Bid and Additive Alternate Bid Items for the four Clusters follow. Cluster 1 Base Bid (Parts A, B, C, D, E, F, G, H and I): Consists of pavement repair, milling, full depth pavement reclamation with cement treatment, seal coat and HMAC overlays, valve and manhole adjustments, marking and striping on River Hill Drive, Wandering Creek Drive, Wildcat Drive, Carancahua (Third)Street, Louisiana Parkway, Robert Drive and Flynn Parkway. Cluster 2 Base Bid (Parts A, full depth pavement overlays, valve and Boulevard, Tarlton Boulevard. B, C, D and E): Consists of pavement repair, milling, reclamation with cement treatment, seal coat and HMAC manhole adjustments, marking and striping on Nueces Bay Street, Up River Road, Morgan Avenue and Baldwin Additive Alternate No. 1 (Part F): Consists of bus stops concrete pads on Morgan Avenue, Nueces Bay Boulevard and Up River Road. Cluster 3 Base Bid (Parts A, B and C): Consists depth pavement reclamation with cement overlays, valve and manhole adjustments, Drive, Airline Road and Commodores Drive. Additive Alternate No. 1 (Part D): Cons Trojan Street and Airline Road. of pavement repair, milling, full treatment, seal coat and HMAC marking and striping on Trojan sts of bus stops concrete pads on Cluster 4 Base Bid (Part A): Consists of pavement repair, milling, seal coat, HMAC level -up course, HMAC overlays, valve and manhole adjustments, marking and striping on Shoreline Boulevard from Power Street to Elizabeth Street. Additive Alternate No. 1 (Part B): Consists of pavement repair, milling, seal coat, HMAC overlay, valve and manhole adjustments, marking and striping on Shoreline Boulevard from Elizabeth Street to Louisiana Avenue. Additive Alternate No. 2 (Part C): Consists of pavement repair, milling, seal coat, HMAC overlay, valve and manhole adjustments, marking and striping on Shoreline Boulevard from Louisiana Avenue to Leming Avenue. Additive Alternate No. 3 (Part D): Consists of pavement repair, milling, seal coat, HMAC overlay, valve and manhole adjustments, marking and striping on Shoreline Boulevard from Leming Avenue to Oleander Avenue. Additive Alternate No. 4 (Part E): Consists of bus stops concrete pads on Shoreline Boulevard. Section A - SP (Revised 12/15/04) Page 3 of 29 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Protect Name 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.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and exposure to dangerous conditions, the Contractor will be tight scheduling for construction and will be required to completion of each phase of construction shown below. Each Cluster of the Project shall be completed within the days allocated below: Streets Cluster 1 Cluster 2 Cluster 3 Cluster 4 Days From Start of Each Cluster Base Bid: 120 Calendar Days Base Bid: 120 Calendar Days Additive Alternate No. 1: Add 20 Calendar Days Base Bid: 180 Calendar Days Additive Alternate No. 1: Add 20 Calendar Days Base Bid: 90 Calendar Days Additive Alternate No. 1: Add 30 Calendar Days Additive Alternate No. 2: Add 15 Calendar Days Additive Alternate No. 3: Add 15 Calendar Days Additive Alternate No. 4: Add 10 Calendar Days to minimize their required to follow meet deadlines for number of calendar In the event that a contract is awarded that includes more than one Cluster, the contract time shall remain the same as each single Cluster and shall not be additive. Work on all cluster shall be performed concurrently. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. section A SP (Revised 12/15/04) Page 4 of 29 January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days This project is essentially a construction contract for a period of Calendar Days, as defined in Section A -6, and as detailed elsewhere in the contract documents. Damages for exceeding the time allotted shall be as described below. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 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 City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimate the amount of liquidated damages due the City. 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 City 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 City Engineer. Section A - SP (Revised 12/15/04) Page 5 of 29 A -8 Faxed Proposals Proposals faxed directly to the City 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 Wage Rates (Revised 7/5/00) Labor preference and wage rates for HEAVY AND HIGHWAY CONSTRUCTION. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (11.) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess 1- 800 - 344 -8377, the Lone Star Notification Company at 1- 800 -669- 8344, and the Southwestern Bell Locate Group at 1 -800- 828 -5127. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer - Cluster 1 J. Don Rehmet, P.E., R.P.L.S. Coym, Rehmet & Gutierrez Engineering, L.P. 5656 S. Staples, Ste 230 Corpus Christi, Texas 78411 Phone: (361) 991 -8550 Fax: (361) 993 -7569 826 -3500 991 -8550 Section A - SP (Revised 12/15/04) Page 6 of 29 Email: donr @crgei.com Project Engineer - Clusters 2 & 4 Dan Leyendecker, P.E. INV Engineering 801 Navigation Suite 300 Corpus Christi, Texas 78408 Phone: (361) 883 -1984 Fax: (361) 883 -1986 &nail: donl @lnvinc.ccm Project Engineer - Cluster 3 Pat Veteto, P.E., R.P.L.S. RVE, Inc. 820 Buffalo Street Corpus Christi, Texas 78401 Phone: (361) 887 -8851 Fax: (361) 887 -8855 Email: patveteto @rve- inc.can Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P Nueces Electrical Cooperative At &T /CP &L City Street Div. for Traffic Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) Nt (Fiber Cptic) ChoiceCan (Filar Optic) CAPROCK (Fiber Optic) Brooks Fiber Cptic (MAN) Regional Transportation Authority Corpus Christi ISD U.S. Postal Service TxDOT Area Office 883 -1984 887 -8851 826 -3540 882 -1911 826 -1880 826 -1818 885 -6900 826 -1881 826 -3461 826 -1970 299 -4833 387 -2581 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -9355 289 -2712 886 -9005 886 -2216 808 -2384 (826 -1888 after hours) (826 -1818 after hours) (885 -6900 after hours) (880 -1888 after hours) (693 -9444 after hours) (1- 800 - 632 -9288, after hours) (1- 800 - 824 -4424, after hours) 857 -1960 (857 -5060 after hours) (Pager 800 - 724 -3624) (Pager 888 - 209 -1679) (Pager 850 -2981) (Mobile) A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably 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. Section A - SP (Revised 12/15/04) Page 7 of 29 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. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. .aymcnt will be made t C ntract r. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job - related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. Section A -'SP (Revised 12/15/04) Page 8 of 29 . rem vcd unless othcrwi..c n tcd. All necessary removals including but not limited to pipc, driveways, sidewalks, etc., are to be considered subsidiary t thc bid item for "Street A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A -17 Field Office NOT USED The C ntract r must furnish thc City Engineer r his representative with a field fficc at the c n,tructi n cite. The ficl fficc must c ntain at 1 ant and heated and must be furnished with an inclined table that m o.,ures at 1 ast 30" x 60" and two (2) chairs. The C ntract r shall m ve thc field an..wcring ,crvicc) and FAX machine paid f r by thc C ntract r. Thcre is no .,eparatc pay item f r thc field fficc. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based on Calendar Days. The Plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. Section A - 5P (Revised 12/15/04) Page 9 of 29 B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the foil wing certification for documentation cpecificati ns Said c mpliancc certificati n hall be pr vidcd and prepared by a Third Party independent Rcgi..tered Pr fc,si nal Land Survey (R.P.L.S.) discrepancies shall be n ted by the Third Party Survey r and certify compliance t any regulat ry permits. F 11 wing is the minimum schedule f d cumcntation required: Street..: Section A - SP' (Revised 12/15/04) Page 10 of 29 Wastewater: • All rim /invert elevations at manholes; • All inter..ecting lines in manholes; Water: • All t p f valves box; • Valves vault., rim; • Casing elevations (top f pipe and fl w line) (TXDOT and RR permits). St rmwatcr: • All intersecting lines in • manh lcs; A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A 21 Projcct Signs NOT USED indi atcd n thc f 11 wing drawings. (Attachment I) The signs muot be Pr jcct peri d by the C ntract r. The 1 cati n determined in the ficl by thc City Engineer. f the signs will be A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. Section A - SP (Revised 12/15/04) Page 11 of 29 b. Subcontractor: Any named person, association, or joint venture as work, labor, services, supplies, combination of the foregoing under on a City contract. firm, partnership, corporation, herein identified as providing equipment, materials or any contract with a prime contractor c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an. enterprise doing business as a partnership, at least 51.0 %% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which - Section A - SP (Revised 12/15/04) Page 12 of 29 a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A 23 Inspcetion Required (Rcvioed 7/5/00) (NOT USED) The C ntract r shall as0urc the appr priatc building incpecti no by the amended in that the Contractor must pay all fees and charge., levied by the City's Building Inopecti n Department, and all thcr City fees, including A -24 Surety Bonds Paragraph two (2) of Section B-3-4 of read as follows: "No surety will be accepted by the is now in default or delinquent on in any litigation against the City the General Provisions is changed to City from any Surety Company who any bonds or who has an interest All bonds must be issued by an Section A - SP (Revised 12/15/04) Page 13 of 29 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 City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The 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 Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) following .,ubstituted in lieu thereof. Chris thc Texas Administrative C dc, r such thcr rule° r rcgulati ns as may be If thc Contractor elects to operate under a separated contract, he ..hall. 1. Obtain thc necessary sales tax permits fr m thc State C mptr llcr. Other Charges" in thc proposal form thc cost of materials physically incorporated into thc Project. 1. Provide thc City with c pits f material invoices t substantiate the pr p sal value f materials. must pay f r all Salto, Excise, and Unc Taxes applicable t this Pr jcct. issue° a resale ccrtifi ate t his supplier. Section A SP (Revised 12/15/04) Page 14 of 29 A -26 Supplemental insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2 Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revised 12/15/04) Page 15 of 29 A -27 Responsibility for Damage Claims NOT USED i., amended t include: n Floater insurance City finally accept., the Pr jcct r w rk. Builder's Rick or Installation insurance c verage, including any deductible. The City must be named A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Aaninistration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. Section A - SP (Revised 12/15/04) Page 16 of 29 The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequibite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. I£ the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to Section A - SP (Revised 12/15/04) Page 17 of 29 beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre- construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders, which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. Section A - SP (Revised 12/15/04) Page 18 of 29 A -34 Precedence of Contract Documents In, case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Visit r/C ntract r ricntati n Prior t perf rming w rk at any City water facility, the have on thcir per, n a valid card certifying their pri r attendance City Water Department Personnel. A Visit r/C ntract r Safety Oricntati n Pr gram will be offered by authorized City Watcr and wh de..ire t perf rm any w rk within any City water facility. P r additi nal informati n rcfcr t Attachment 1. The Contractor shall not ..tart, operate, or stop any pump, motor, valve, equipment, switch, breaker, control, or any other item relate peratcd by an thc City Water Department. perat r r C. Protection of Water Quality thcr auth rizcd maintenance cmpl ycc f in thc j b site and shall c rdinatc its w rk with thc City Water Department t pr tcct thc quality f thc water. D. Conformity with ANSI /NSF Standard 61 All materials and equipment used transp rtati n, rcinstallati n, and thcr items, which c uld c Inc int c c of rm t American Nati nal in thc repair, r assembly, inspection f pumps, or any ntact with p table water, must Standards Institute /Nati nal Standard Specifications. thr nd compounds, coatings, or hydraulic equipment. These items unless such item.. arc inspected on thc site by authorized City Section A - SP (Revised 12/15/04) Page 19 of 29 approval for a4l could comc into contact with potable water. Handling and Di..posal of Trash materials All trash generated by thc C ntract r or his employees, .,ubc ntract rs, mu.,t be c ntaincd at all time., at facility site. B1 wing trash will n t bc all wed. The shall keep w rk ar as el an at all times and rem vc daily. CONTRACTOR'S ON SITE PREPARATION which agent.,, r thc water Contract r all trash than range, bluc, r white. Each employee uniform must provide C. Contractor .hall pr vide telephones for Contractor personnel. B. Working hours will be 7:00 A.M. to 5:00 P.M., M nday thru Friday. muat provide own aanitary facilitics. designated by City Water Department staff. All Contract r vchicics mu..t be cl grly labeled with c mpany name. N private empl ycc vchicics are all wcd at . N. Stevens Watcr Treatment Plant. All per., nncl mu..t bc in c mpany vchicics. During w rking h ura, contractor cmploycca must not 1 avc thc dcaignatcd construction evacuation. ACQUISITION) change., scicctiono, furnishing, installing, connecting, pr gramming, cust mizing, dcbugging, calibrating, r placing in w rk must bc able t dem n.,trate thc f 11 wing: 1. He i., regularly cngagcd in thc computer based m nit ring and control system business, preferably as applied to the municipal water and wastewater industry. 2. He has performed work on systems of comparablc .,izc, type, and c mplcxity as required in this Contract n at 1 a.,t three pri r pr jects. 3. [Ic has been actively cngagcd in the type f w rk .,pccificd herein f r at 1 gat 5 years. Section A — SP (Revised 12/15/04) Page 20 of 29 Systems Engineer, r an Electrical Enginccr t .,upervi.,c or perform thc work rcquircd by this specification.,. 5. Hc cmpl ys per..onnel n thi, Pr jcct wh have successfully 6. 7. and implementing thc specific c mputcro, RTUS's, and .,oftwarc pr po..cd for the Contract. Hc maintains a permanent, fully staffed and cquippcd service facility within 900 miles f thc Pr jcct site to maintain, repair, calibrate, and program thc .,y.,tems .,pccificd herein. He shall furnish equipment which is thc product of ono manufacturer t thc maximum practi al cxtcnt. Wherc this io n t practi al, all equipment f a given type will be the product of one manufacturer. Prior perf rmancc at thc 0. N. Stcvcn0 Watcr Treatment cube ntractor pr gram., the new w rk f r thi., Pr jcct. 9. The C ntract r shall pr duce all fillcd ut pr gramming bl ck., rcquircd to show thc pr gramming as needed and rcquircd, to add these two systems to thc existing City SCAM system. Attached is an example f thc required pr gramming blocko which thc City rcquircs t be fillcd in and given t thc City Enginccr with all changes made during to not intcndcd to show all of thc rcquircd sheets. The C ntract r will pr vide all r gramming blocks used. L. Trenching Requirement.. All trcnching f r this pr jcct at thc 0. N. Stcvcna Watcr Treatment Plant shall be perf rmcd using a backh c r hand digging due t the .,hall be all wcd n thc pr jcct. A -36 Other Submittals 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in Section A - SP (Revised 12/15/04) Page 21 of 29 accordance with the requirements of the Project and Contract documents. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts ", B- 6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B " are incorporated by reference in this Special Provision. Section A - SP (Revised 12/15/04) Page 22 of 29 A -39 Certificate of Occupancy and Final Acceptance NOT USED The issuance f a certificate f ccupancy for impr vemcnts d cs n t con.,titutc final acceptance f the improvements under General Provision 8 8 A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor' provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a calendar day. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. Section A - SP (Revised 12/15/04) Page 23 of 29 A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/ field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED te.,ting, disinfccti n and line flushing in an appr vcd manner. C ntaminanta in thc water, particularly high levels of chl rinc, will bc u,cd f r disinfccti n, and may cxcccd the permissible limits f r diocharge int agcncica such ao TNRCC, EPA, ctc. It will bc thc C ntract r'a rc,p nsibility t c mply with thc requirements f all rcgulat ry agencies in thc disp sal f all water used in thc pr jcct. The meth ds f disp sal shall be ubmittcd t chl rinatcd water. C ntract r shall n t use thc City's sanitary cower syotcm f r isp sal f c ntaminatcd water. A -47 Pre - Construction Exploratory Excavations (7/5/00) NOT USED pr p scd pipclincs f thc pr jcct and C ntract r shall ourvcy thc exact vertical and h riz ntal 1 cati n f ach cr acing and p tcntially c nflicting pipclinc. F r cxioting pipclincs which parallel and arc within ten feet (10') f pr p scd pipclincs f thc pr jcct, C ntract r shall excavate and cxp ..c said exiting pipclincs at a maximum f 300 fcct .C. and C ntracter shall survey 300 fcct maximum .C. C ntract r shall then prepare a report and submit it t thc City f r appr val indi ating thc Owner f pipclincs cx avatcd and surveyed, as well as the appr ximatc stati n there f, diotancc t thc pavement ccntcrlinc and exploratory cu avations have becn made in their entirety, thc results thereof reported to the Engineer and until Contractor receives Enginccr'e approval of report. Section A - SP (Revised 12/15/04) Page 24 of 29 Expl rat ry cxcavati ns shall be paid f r n a lump sum basis. Any pavement the established until price f pavement patching. C ntract r .,hall pr vide all his own survey work effort (n separate pay) for c A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Geotechnical Report A geotechnical report entitled "Letter Report - Field Investigation for the CITY WIDE 2008 STREET OVERLAY PROJECT, Corpus Christi, Texas, June 12, 2008. ", is included as an Appendix to the Technical Specifications. The report is for contractor's information only. A -51 Mobilization and Demobilization Bid Items Mobilization and Demobilization Bid Items shall not be greater than 8% of the total bid cost for each PART (Street). 60% of the bid item will be paid upon mobilization and 40% will be paid upon completion of the street section. A -52 Amended "Prosecution and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts ", B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization / remobilization costs. Such costs shall be addressed through a change order to the contract ". Section A - SP (Revised 12/15/04) Page 25 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: STREET OVERLAYS — CITY WIDE; CLUSTER 1 PROJECT NO. 6446 OWNER: CITY OF CORPUS CHRISTI ENGINEER: COYM, REHMET& GUTIERREZ ENGINEERING, L.P. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A SP (Revised 12/15/04) Page 26 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: STREET OVERLAYS - CITY WIDE; CLUSTER 2 PROJECT NO. 6447 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV ENGINEERING CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 27 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: STREET OVERLAYS — CITY WIDE; CLUSTER 3 PROJECT NO. 6448 OWNER: CITY OF CORPUS CHRISTI ENGINEER: RVE INC. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A SP (Revised 12/15/04) Page 28 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: STREET OVERLAYS - CITY WIDE; CLUSTER 4 PROJECT NO. 6447 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV ENGINEERING CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 29 of 29 PART C FEDERAL WAGE RATES AND REQUIREMENTS Page 1 of 3 General Decision Number: TX080118. 02/08/2008 TX118 Superseded General Decision Number: TX20070122 State: Texas Construction Types: Heavy and Highway Counties: Nueces, San Patricio and Victoria Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 02/08/2008 SUTX2005 -007 11/09/2004 Rates Fringes Asphalt Distributor Operator$ 12.42 0.00 Asphalt paving machine operator$ 11.57 0.00 Asphalt Raker $ 9.36 0.00 Bulldozer operator $ 10.90 0.00 Carpenter $ 10.71 0.00 Concrete Finisher, Paving $ 12.18 0.00 Concrete Finisher, Structures$ 11.16 0.00 Concrete Rubber $ 10.50 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $ 12.55 0.00 Flagger $ 7.17 0.00 Form Builder /Setter, Structures$ 11.47 0.00 Form Setter, Paving & Curb $ 9.65 0.00 Foundation Drill Operator, Truck Mounted $ 15.32 0.00 Front End Loader Operator $ 10.05 0.00 common $ 8.35 0.00 Laborer, Utility $ 9.09 0.00 Mechanic $ 13.17 0.00 Motor Grader Operator, Fine Grade $ 13.78 0.00 Motor Grader Operator, Rough$ 15.00 0.00 Pipelayer $ 9.00 0.00 Roller Operator, Pneumatic, Self-Propelled $ 8.57 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping $ 8.57 0.00 . Roller Operator, Steel Wheel, Plant Mix Pavement $ 9.49 0.00 Scraper Operator $ 9.67 0.00 Servicer $ 10.75 0.00 Structural Steel Worker $ 14.00 0.00 Truck driver, lowboy -Float $ 14.15 0.00 Truck driver, Single Axle, http: / /www.wdol.gov /wdol /scafiles /davisbacon /TX118.dvb 6/25/2008 Page 2of3 Heavy $ 11.39 0.00 Truck driver, Single Axle, Light $ 9.00 0.00 Truck Driver, Tandem Axle, Semi - Trailer $ 9.39 0.00 Welder $ 18.00 0.00 Work Zone Barricade Servicer$ 8.97 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process http: / /www.wdol.gov /wdol /scafiles /davisbacon/TX118.dvb 6/25/2008 Page 3 of 3 described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// www. wdol. gov/ wdo l /scafiles /davisbacon/TX118.dvb 6/25/2008 A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 26TH day of AUGUST, 2008, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Berry Contracting, LP dba Bay, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,287,100.90 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: STREET OVERLAYS - CLUSTERS 17 2, 3--4 -4 PROJECT NOS. 64467-644-7-&-6448 (CLUSTER 2- TOTAL BASE BID + ADD.ALT.N0.1: $2,287,100.90) 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. Agreement Page 1 of 2 la ala:II•ZO BOND 2008 ROADWAY IMPROVEMENTS I II III IV v BID ITEM QTY a UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION PART A. BALDWIN BOULEVARD Al 1 LS Mobilization, complete in place per lump sum. $/,.(10/0o $ /S l%Qe5,QeS A2 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $� "� / $e`oe A3 1 LS Traffic Control, complete in place per lump $JJayf,� $h sum. A4 9,450 SY Milling 0" to 3" Depth, complete in place per square yard. $ 246 CC $ /l/eQ� � i AS 1 9,450 SY Seal Coat, complete in place per square yard. $ Z Lf' $ it Z 6L,�a A6 480 SY Full -Depth Pavement Repair, complete in place per square yard. $ S e iegi $ 29425,06 I A7 9,450 SY NMACP Overlay (2 ")(Type D), complete in place per square yard. $ /Zed $ #50;19/ CV AB 2 EA Adjust Existing Storm Sewer Manhole, complete in place per each. $:$7425- dco $ ;44 A9 1 EA Adjust Existing Water Valve, complete in place per each. $il Io) $ /00 414- A10 1 EA Adjust Existing Gas Valve, complete in place . per each. $- $ /avi . 0 A11 230 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ 'leek) CS $ , /G, i Al2 685 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. f $ ice /' $ ��Z`JCr A13 2,336 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ b l'd $ Y770. 7D A14 356 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ Add C� $ �Jpd. era A15 206 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ �d' d� $�. e)6 A16 2,954 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ �� " $ /�'�� Revised PROPOSAL FORM PAGE 3 OF 13 Addendum No. 3 Attachment No. 3 Pages 24 of 64 I II III Iv v ID 'EM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION RT A. BALDWIN BOULEVARD CONT'D "17 48 LF Prefab. Pavement Marking (24" Yellow Solid), complete in place per linear foot. $ /4 d0 $ Weeder A18 39 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ /'� !O $ 2irS�� se A19 62 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. $ Z 66J $ 1/.7 `Od sum. 20 3 Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ /' $ 2 � td � 72/ Ltd $ /O 21 1 Prefab Pavement Marking (Type C) {White)(Word), complete in place per each. $ Pardo $ Zti Od ri $ Z 23 $ 7f2 i % C 1122 2 EA Prefab Pavement Marking (Type C)(White)(Arrow), complete in place per each. $ ��e�, $ �Q. 06 $ $ ��j �� d� A23 6 DAY Portable Changeable Message Sign, complete in place per dam. $ 06 $ a-o4, no $ /ge_ $ O nesCO ..24 1 LS Video Detection Camera & CPU (Materials Only), without installation per lump sum. $�,/JCei,Ln $ /Sct�ktr � SUBTOTAL PART "A" - BALDWIN BOULEVARD (ITEMS Al -A24) 7 �/ $ /� ' 7/ i'2 , �; -RT B. MORGAN AVENUE B1 1 LS Mobilization, complete in place per lump sum. $ �/ Le $ icS(t!nGe 82 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $ OP J11415.614 $ /_ 33 1 LS Traffic Control, complete in place per lump $' AM $ Ye o , 05 sum. B4 33,360 SY Milling 0" to 3" Depth, complete in place per square yard. $ Z.-0 0 � 72/ Ltd $ /O 85 33,360 SY Seal Coat, complete in place per square yard. ri $ Z 23 $ 7f2 i % C B6 3,340 SY Full -Depth Pavement Repair, complete in place per square yard. $ $ ��j �� d� / B7 33,360 SY HMACP Overlay (2 ")(Type D), complete in place per square yard. $ /ge_ $ O nesCO Revised PROPOSAL FORM PAGE 4 OP 13 Addendum No. 3 Attachment No. 3 Pages 25 of 64 I II III Iv v lIn TEM QTY & UNIT DESCRSPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION '-RT B. MORGAN AVENUE CONT'D 138 18 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ llt�Q�'� 116 $ / B9 5 EA Adjust Existing Storm Sewer Manhole, complete in place per each. $ aJ 66 3�� $ t a�rQn 310 19 EA Adjust Existing water Valve, complete in place per each. $ YC .Gb $ `yL rLVN 311 13 EA Adjust Existing Gas Valve, complete in place per each. $ %.66 $ /.1 DM elf) B12 2,425 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ fade $ __140,,g21 B13 2,295 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. di /a $ J $ ii/Z. .ceil 314 410 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ /, 70 $ J7Y.' Oa 315 982 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ �� $}/64 .dv 816 697 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ a 0 $ 61 7400 B17 9,654 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ �� $ z/G Z% B18 52 LF Prefab. Pavement Marking (24" Yellow Solid), complete in place per linear foot. $ mem $ ceerie5ei B19 161 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ 4,1D $ /so t& So B20 158 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. $ Zed $ no 6iee B21 11 EA Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ 7 Cd $ te., co B22 4 EA Prefab Pavement Marking (Type C)(White)(Word), complete in place per each. $ Zithai $ Flea ®a B23 8 EA Prefab Pavement Marking (Type C)(White)(Arrow), complete in place per each. $ /Geaa $ ale. -e) B24 6 DAY Portable Changeable Message Sign, complete in place per day. $ lima) $ nee, chi B25 1 LS Video Detection Camera & CPU (Materials Only), without installation per lump sum. $ /get ea $ ����� �� Revised PROPOSAL FORM PAGE 5 OF 13 Addendum No. 3 Attachment No. 3 Pages 26 of 64 I II III IV V BID :TEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION SUBTOTAL PART "B" - MORGAN AVENUE (ITEMS B1 -825) s 996 663, sl PART C. NUECES BAY BOULEVARD Cl 1 LS Mobilization, complete in place per lump sum. $ laced $ /' _Ole .CO C2 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $ jai $ - fllll.AO C3 1 LS Traffic Control, complete in place per lump $ Q ,(� $ Si,c�. 60 sum. C4 8,040 SY Milling 0" to 3" Depth, complete in place per square yard. $ zero $ /6D e&5 Q!J / CS 10,120 SY Full Depth Reclamation (FDR), complete in place per square yard. $ MoD $ i 'Sayer) C6 10,120 SY Seal Coat, complete in place per square yard. $ Lei ry $ 72 / 7 `05 C7 10,120 SY HMACP Overlay (2 ")(Type D), complete in place per square yard. $ /466 $ zj 9000 C8 5 EA Adjust Existing Sanitary Sewer Manhole, complete i n place per each. fee/Lev $ J $ /, /�e do C9 1 EP' Adjust Existing Storm Sewer Manhole, complete in place per each. ' On $ ?elm, 64 C70 8 EA Adjust Existing Water Valve, complete in place per each. $ $ Od49 dd C11 1 EA Adjust Existing Gas Valve, complete in place per each. $ /e/M. an $ Ma Qd C12 835 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ 4/e $ �j7��� f 1 C13 567 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. $ d�so $�� gtrJa I C14 230 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ b VO $ 5f -2,ea C15 Icomplete 1 564 LF Prefab. Pavement Marking (12" White Solid), in place per linear foot. $ 4.:010 $e�� C16 386 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ /0` $ fin de ek 1 017 3,802 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ ni Jf $ Whee Revised PROPOSAL FORM PAGE 6 OF 13 Addendum No. 3 Attachment No. 3 Pages 27 of 64 I II III Iv v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENS ZON -ART C. NUECES BAY BOULEVARD CONT'D C18 58 LF Prefab. Pavement Marking (24" Yellow Solid), complete in place per linear foot. $ /key' $ j'r O[3 C19 43 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ ler0 $ .33766 C20 56 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. _9 r $ �I fJ $ 9.� sum. i C21 5 EA Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ fir $ 2 i $ oP 'nit dd C22 2 EA Prefab Pavement Marking (Type C)(White)(Word), complete in place per each. $ VA Gd $ ! I. d O $ ie Zo/ $ f99566 C23 4 EA Prefab Pavement Marking (Type C)(White)(Arrow), complete in place per each. $ Mt eli $ 4; *le trB $ le,. 60 $ 0/3230.6d C24 6 DAY Portable Changeable Message Sign, complete in place per day. $ p,op,d© $ iZOe), Od $ /AM $ 6C�Q,['6 C25 1 LS Video Detection Camera & CPU (Materials Only), without installation per lump sum. $�CX1 XCd71 31�t7 $ ���.�� 66 $ � $ JOIY),66 �...,_„_.. ....,_ ..,.,, ....e..an o... e.,... ae...... I„ne..,. .., ,.� �. f y e - ?e1? nil A 1PART D. TARLTON STREET D1 1 LS Mobilization, complete in place per lump sum. $ -%i i21,e2� i $ /54%DC1 `vb D2 1 LS Storm Water Pollution Prevention Plan, complete in place per lum• sum. $ cong, e0 $ jD 'id, 60 D3 1 LS Traffic Control, complete in place per lump $ aYn CO $ �Q d/,�l, d0 sum. i � 1 D4 4,220 SY Milling 0" to 3" Depth, complete in place per square yard. $ Z•,dn $ oP 'nit dd D5 4,220 SY Seal Coat, complete in place per square yard. $ ie Zo/ $ f99566 D6 I 430 SY Full -Depth Pavement Repair, complete in place per square yard. $ le,. 60 $ 0/3230.6d D7 4,220 SY Overlay )(Type D), complete in place $ /AM $ 6C�Q,['6 ID8 1 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ � $ JOIY),66 Revised PROPOSAL FORM PAGE 1 OF 13 Addendum No. 3 Attachment No. 3 Pages 28 of 64 I II III IV v BID :TEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION -ART D. TARLTON STREET CONT'D D9 4 EA Adjust Existing Storm Sewer Manhole, complete in place per each. $ X�» Od $ /sooty, 60 D10 3 Adjust Existing Water Valve, complete in place per each. $ IRV 06 $ _Se1M eo D11 60 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $G/i $ Zt,ee D12 276 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ field $ i3ter,QD D13 207 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ ,M, $ %Lle Q h D14 2,022 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ /We- $ 1e`/i46 D15 26 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ or.ii $ h(7- 46 D16 3 Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ / �YJ ' $ v�w� D17 6 DAY Portable Changeable Message Sign, complete in place per day. $ !m em j i 6 $ /// SUBTOTAL PART "D" - TARLTON STREET (ITEMS D1 -D17) Z /X / UU $ L 7 E. UP RIVER ROAD DART El 1 LS Mobilization, complete in place per lump sum. $ /4%G0,set / $ /1-'I0,ce E2 1 LS Storm Water Pollution Prevention Plan, complete in place per lum• sum. $ (444&9 $ one, QD E3 1 LS Traffic Control, complete in place per lump $ tkt&ct7 $ 3U d'n .� sum. E4 10,640 SY Milling 0" to 3" Depth, complete in place per square yard. $ Leo $ Z/, nee" E5 10,640 SY Seal Coat, complete in place per square yard. $ 4' Lf' $ .03.797:0,6W E6 1,070 SY Full -Depth Pavement Repair, complete in place per square yard. $ �QQ $ .c.? Are co rE7 10,640 SY HMACP Overlay (2 ")(Type D), complete in place per square yard. $ /2!,(16 $ in 66 Revised PROPOSAL FORM PAGE 8 OP 13 Addendum No. 3 Attachment No. 3 Pages 29 of 64 1 II III IV v ED EM OTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION VT E. UP RIVER ROAD CONT'D ES 4 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ ' %',a 6 $ / Eg 2 EA Adjust Existing Storm Sewer Manhole, complete in place per each. $,40 $ 41,00 10 8 EA Adjust Existing Water Valve, complete in place per each. $ anCX) $ cFe,OQ 11 1 Adjust Existing Gas Valve, complete in place per each. $ otS,OlS $ /Melee '12 1,221 LF Reflective Pavement Marking TY1 (4" White complete in place per linear foot. $ 40 $ 01, .521 213 84 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ fed $ vac, DO r:14 54 LF Prefab. Pavement Marking (24" White Solid) , complete in place per linear foot. $ /6, 6d $ fehl.. GO .15 4,768 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ 'tie- $ AFefietio :16 63 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ �- $ L�r �,!'Q 217 63 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. $ % 66 $ 9(� %. QQ 218 5 Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ 75 e $ l?,� �a 319 6 DAY Portable Changeable Message Sign, complete in place per day. $ 7�,Q t) $ /1,14c e Q SUBTOTAL PART "E" - UP RIVER ROAD (ITEMS 81 -819) 'r $ 54' r%%Z.M CLUSTER 2 TOTAL BASE BID (PARTS A, )3, C, D, & E) $.0J /doe Id PART F. ADDITIVE /ALTERNATIVE NO 1- CONCRETE BUS PADS F1 6 EA 12' X 60' Bus Stop Concrete Slab (Morgan Avenue), complete in place per each. p $ // ai $ 7eer(�.00 F2 5 12' X 60' Bus Stop Concrete Slab (Nueces Bay Boulevard), complete in place per each. / S/� $ 65 &g,a) F3 3 EA 12' X 60' Bus Stop Concrete Slab (Up River Road), complete in place per each. $ /O.tl6 $ �46Q 4Q s Revised PROPOSAL FORM PAGE 9 OF 13 Addendum No. 3 Attachment No. 3 Pages 30 of 64 I II III Iv V BID CTEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION SUBTOTAL PART "F" - ADDITIVE ALTERNATIVE NO 1 (ITEMS F1 -F3) $ /12, M5.44 PART EE. ADDITIVE /DEDUCTIVE ALTERNATE NO 2 01 1 LS OP ELLIOT 667 il1/. (6 gent, 60) AIN LLLMILLINGSESHALLYBECOMEEPROPERTY OF THE CONTRACTOR. !! / ji C� �• ed) (O I/ lied) TOTAL PART "G" - ADDITIVE /DEDUCTIVE ALTERNATIVE NO 2 l$ TOTAL BASE BID BASE SID PLUS ADDITIVE /ALTERNATIVE NO.1 (CLUSTER 2) BASE BID PLUS ADDITIVE /DEDUCTIVE ALTERNATE NO.2 (CLUSTER 2) BID SUMMARY uJ' 2D6:e BASE BID PLUS PLUS ADDITI 2) 411, 40 NO. 1 VE ALTERNATE NO. 2 Revised PROPOSAL FORM PAGE 10 OF 13 1 4 t $ a7 /64 , %6 p go $ .44,Z 76( fo Addendum No. 3 Attachment No. 3 Pages 31. of 64 The Contractor will commence work within ten (10) calendar days from date they receive wr work order and will complete c%_6_/e6 same within Aso CALENDAR CLUSTER 2 after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST. City Secretary APPROVED AS TO LEGAL FORM: ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF CORPUS CHRISTI By: ice Gass4• Slain Angel Escobar, Interim Asst. City Mgr. of Public Works and Utilities By: I:1- I /'2 -4 /IJS Kevin Stowers, Interim Director of Engineering CONTRACTOR Berry Contracting,LP dba Bay, Ltd. By: Title: L.5IA ..• c. NI p P.O. BOX 9908 (Address) CORPUS CHRISTI, TX 78469 (City) (State)(ZIP) 361/299 -3721 * 361/289 -2304 (Phone) (Fax) Agreement Page 2 of 2 - � y -°'P 2L AUTNORIZU. n COUNCIl....Qi/24 Qg �8ECREfARY SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY, Lte January 8, 200+x: Berry Operating Company; LLC,general partner ofBeny Contracting, LP dba Bay Ltd. held a Special meeting this 8a' day of Sanitary 2002. Edward A. Martin; President, presided as Chaim-mu and DotiEtta Beaty served as Secretary. All Managers' weepresent and waived noticelof call andptupose ofineeting. Mr. Marti; said that with the resignation off Howard Kovar, D. W. Berry had been named interim Division Manager for the Highway Division.. He further said that the purpose of this meeting was and to name the individuals authorized to act for and on behalf ofBay Ltd: Highway Division in connection With :Matters relating to the Texas Department of Transportation and other state, municipal, federal, quasi govenmiental entities and'private bodies. RE °SOLVED • tfiat the follo*ing named individuals be po*eted to act for and on behalf ofBay Ltd. as to the malcmg and signing of contracts; bonds, bids, .offers or other arranggenients and revisions; changes or modification of saiue as the needs of the company may require. K. J. Lubair President D,_W Berry • Vice. President M: G;. Berry Vice President • A,L Berry yicePresident Edward A-:Martin' . Vice President D :RSaa . . • F .gler Vice President • FURTHER RESOLVED that in.the evetit. P.N. Berry unavailable; Mt." fen Lentz is: empowered to sign contracts, bonds, bids, offers or arrangements andrevisions; changes ormodificati'ons ofsam.e as the needs of-the Highway Division of B ay Ltd. may require, hereby ratifying and afErniM lagsucli acts. FURTHER RESOLVED that Jon.Lentz, Estimating Manager and James Wright, Administratibe Manager are specifically empowered :to act for and on behalf of Bay Ltd. to sign "Proposal. To the Texas Depaifinent of Transportation ". • PURTI -MR RESOLVED that the Secretary - Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested parries with the knowledge that such parties sill rely upon same until actual receipt of :mitten notice of change, deletion, modification, or reyocation of such authority. - Attest: Do-EttaBeaty, Secret Approved Correct: • Edward k , President & CEO Certification ofSebretary. I, DanFtta Beaty Secretary ofBeny Operating Company,,LLC certify that the above are minutes of a special meeting of the Managers ,of Berry. Operating company, LLC general partner of Beny Contracting, 12 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 bo ttinuingresolutionmand is presently valid and full farce and effect this the 8th day of January 2002, to which witness my»hand: DonBttaP:eaty, Secret P R O P O S A L F O R M F O R STREET OVERLAYS CLUSTER 2 BOND 2008 PROJECT NO. 6447 DEPARTMENT OF ENGINEERING SERVICES Addendum No. 3 Revised PROPOSAL FORM Attachment No. 3 PAGE 1 OF 13 Pages 22 of 64 CITY OF CORPUS CHRISTI, TEXAS ' P R O P O S A L Place: Date: Proposal of t ;ex y tkI /icn%r // � /A PS a Corporation organized and existing under the laws of the State of OR atnership or Individual doing business as fiztv 1y . TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: STREET OVERLAYS CLUSTER 2 BOND 2008 PROJECT NO. 6447 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Revised PROPOSAL FORM PAGE 2 OF 13 Addendum No. 3 Attachment No. 3 Pages 23 of 64 STREET OVERLAYS CLUSTER 2 BOND 2008 ROADWAY IMPROVEMENTS I == II]; Iv v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION 'PART A. BALDWIN BOULEVARD Al 1 LS Mobilization, complete in place per lump sum. $1,1:00/05 $ /S dal, a13 A2 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $ � eii ` filth $ ve 1 A3 1 LS Traffic Control, complete in place per lump $ .�G%�l. tti $ e•N sum. I A4 9,450 SY Milling to 3" Depth, complete in place per square $ la $ /19/Me6Q AS 1 9,450 SY Seal Coat, complete in place per square yard. so- $ 2 J $ Z./ Z 6Z .f A6 480 SY Full -Depth Pavement Repair, complete in place per square yard. $ S a io $ 2 r21%'..de A7 9,450 SY HMACP Overlay (2 ")(Type D), complete in place per square yard. $ /Z eV $ /fLr,eti AS 2 EA Adjust Existing Storm Sewer Manhole, complete in place per each. � $` ca $c0 A9 1 EA Adjust Existing Water Valve, complete in place per each. $ �' ea $ /WSJ A70 1 EA Adjust Existing Gas Valve, complete in place per each. $ $. Oo / A11 230 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ `Alio $ /O /ZQ.� i Al2 685 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. $ 14 $ ©Z.SG1' A13- 2,336 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ is (�� $ 3 070. 7D A14 356 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ A ?- id $ /711, to A15 206 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ Me dO $B, Od A16 2,954 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ di A $ rnen Revised PROPOSAL FORM PAGE 3 OF 13 Addendum No. 3 Attachment No. 3 Pages 24 of 64 I II III Iv V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION 1 PART A. BALDWIN BOULEVARD CONT'D A17 4 48 LF P Prefab. Pavement Marking (24" Yellow Solid), $ $ AAA) $ $ '//1 dde A18 3 39 EA R Raised Refl. Pavement Marker (TYII -A -A) $ $ 4i la $ $ Z�r'�� fa A19 6 62 EA c Raised Refl. Pavement Marker (TYI -C) White, �� e e D8 A20 3 3 EA c Raised Refl. Pavement Marker (TYII -B -B) Blue, - -9 7rl $ $ ZZ< sa A21 _ _ 1 EA P Prefab Pavement Marking (Type $ $ %A(lydd $ $ Z %Ss 06 A22 2 2 EA P Prefab Pavement Marking (Type $ $ Maine $ $ ��Q 06 A23 6 6 DAY P Portable Changeable Message Sign, complete in $ $ 04 $ $ ace. de A24 1 1 LS O Video Detection Camera & CPU (Materials $�� ®��� $ $ ��s//L�''n1,49; �'lrd6 $ 7 // SUBTOTAL PART "A" - BALDWIN BOULEVARD (ITEMS Al -A24) $ 1 PART B. MORGAN AVENUE B1 1 LS Mobilization, complete in place per lump sum. $ /, .tt $ Bonet ce Storm Water Pollution Prevention Plan, r vD $ ��.. IB2 1 LS complete in place per lump sum. $) Traffic Control, complete in place per lump Q 044e06 B3 1 LS sum. $OI) $ IB4 33,360 SY Milling 0" to 3" Depth, complete in place per $ 'ire/ Q $ 4 net 06 square yard. t O B5 33,360 SY Seal Coat, complete in place per square yard. $ Z Zs $ 754(e di B6 3,340 SY Full -Depth Pavement Repair, complete in place $ i �Y/ s $ ��j, erg, aq per square yard. / 4� B7 33,360 SY HMACP Overlay (2 ")(Type D), complete in place $ (v��. $ y�j f4O ( per square yard. Revised PROPOSAL FORM PAGE 4 OF 13 Addendum No. 3 Attachment No. 3 Pages 25 of 64 Revised PROPOSAL FORM PAGE 4 OF 13 Addendum No. 3 Attachment No. 3 Pages 25 of 64 I II III IV V BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES ■ BID ITEM EXTENSION ?ART B. MORGAN AVENUE CONT'D B8 18 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ S QLf�, 06 39 5 EA Adjust Existing Storm Sewer Manhole, complete in place per each. sAddd6 $ /fitL66 B10 19 EA Adjust Existing Water Valve, complete in place per each. $ &Yea $ Mcc-[.r r 311 13 EA Adjust Existing Gas Valve, complete in place per each. $1�M $ /ja in co B12 B13 2,425 LF 2,295 LF Remove and Replace Curb and Gutter, complete in place per linear foot. Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. $ 17,0 dd $ //f"7co- 314 410 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ /e YD s f79 oc 515 982 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ 9'9/x, do 316 697 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ /et06 $ lg •15.60 517 9,654 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ y'fZoo 1318 52 LF Prefab. Pavement Marking (24" Yellow Solid), complete in place per linear foot. $ /6,06 319 161 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ 4,46 s /6efd,Sd B20 158 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. s 7lk5 $ / /0'/O,Gb B21 3.1 EA Raised Refl. Pavement Marker (TYII -B -3) Blue, complete in place per each. $ id B22 4 EA Prefab Pavement Marking (Type C)(White)(Word), complete in place per each. S Z/d rOi $ ery74, ®l5 B23 8 EA Prefab Pavement Marking (Type C)(White)(Arrow), complete in place per each. $%0006 $ /%f f. DO B24 B25 6 DAY 1 LS Portable Changeable Message Sign, complete in place per day. Video Detection Camera & CPU (Materials Only), without installation per lump sum. $ /zoo< va $ /3 vm, 66 Revised PRCPOSAL FORM PAGE 5 OF 13 Addendum No. 3 Attachment No. 3 Pages 26 of 64 I BID ITEM I II III Iv v QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION SUBTOTAL PART "8" - MORGAN AVENUE (ITEMS B1 -825) $ 974 613. .57) IPART C. NUECES BAY BOULEVARD Cl 1 1 LS Mobilization, complete in place per lump sum. $ ileVelN $ /1:0f64.°6 C2 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $ $ ,cli`fCJ, w C3 1 LS Traffic Control, complete in place per lump $ i) $ da C4 8,040 SY Milling 0" to 3" Depth, complete in place per square yard. $ !r Ed $ /� 0:6 46 C5 10, 120 SY Full Depth Reclamation (FDP.) , complete in place per square yard. $ a'AD $ as •720-64 C6 10,120 SY Seal Coat, complete in place per square yard. $ 6 99 r Z5' 9 $ 72 / Yd`DO C7 10,120 SY HMACP Overlay (2 ")(Type D), complete in place per square yard. $ MI6 $ /2/ 9 nce) IC8 5 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ ferett ed $ 7.5e41 56 I- C9 1 E A Adjust Existing complete Sewer Manhole, com lets Adjust in place per each. $ . ' Dl% $ y4�• do C10 Iplace g Adjust Existing Water Valve, complete in per each. $ 60 $ Cid451 6a C11 1 EA Adjust Existing Gas Valve, complete in place per each. $ fa 60 $ da IC12 835 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ 9163 $ r e en,_65 C13 567 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. $ 6'..<0 $ grit le- C14 1 230 LF Reflective Pavement Marking TY1 (8" White Solid), complete in place per linear foot. $ ,, cf' $ Size?) C15 564 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ '1;06 $ ?�� FC16 386 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ i4,66 $ fie (% M 1 C17 3,802 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ 4,_•4 $ /90.60 Revised PROPOSAL FORM PAGE 6 OF 13 Addendum No. 3 Attachment No. 3 Pages 27 of 64 I I BID ITEM II III Iv v QTY & UNIT DESCRIPTION UNIT PRICEI BID ITEM IN FIGURES EXTENSION 'PART C. NUECES BAY BOULEVARD CONT'D I C18 58 LF Prefab. Pavement Marking (24" Yellow Solid), complete in place per linear foot. $ d/ dd $ ja ra() C19 IYellow, 43 EA Raised Refl. Pavement Marker (TYII -A -A) complete in place per each. $e0 $ 3a 4 ea C20 56 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. _9 ,- $ .2r JO' ' $ sum. IC21 5 EA Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ I Q $ �2 re $ F i're. a8 C22 2 EA Prefab Pavement Marking (Type C)(White)(Word), complete in place per each. $ thi ed $ id. .a 6 $ �P Z.' $ '7-Y5(6e) C23 4 EA Prefab Pavement Marking (Type C)(White)(Arrow), complete in place per each. $ /Ge.M $ G `ail d8 $ ..Q/) 7" $ Z%sdd',CT d C24 6 DAY Portable Changeable Message Sign, complete in place per day. $ fna $ /rddt Od $ �''�� $ �l�, C25 1 LS Video Detection Camera & CPU (Materials Only), without installation per lump sum. $/ yap) $ /5ifl 00 Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ dv $ yew. 66 I SUBTOTAL PART "C" - NUECES BAY BOULEVARD (ITEMS C1 -C25) :e) $ J ? . /� � // /91 'PART D. TARLTON STREET Dl 1 LS Mobilization, complete in place per lump sum. $ - %l if' i $ /e5 emeL eila D2 1 LS Storm Water Pollution Prevention Plan, complete in place per lum. sum. $ Soo $ fil00 00 ITraffic D3 1 LS Control, complete in place per lump $S e5M CO 7 d p $ 3d�t, /J sum. I D4 4,220 SY Milling 0" to 3" Depth, complete in place per square yard. $ Z,d0 $ F i're. a8 1 D5 4,220 SY Seal Coat, complete in place per square yard. $ �P Z.' $ '7-Y5(6e) D6 430 SY Full -Depth Pavement Repair, complete in place square yard. $ ..Q/) 7" $ Z%sdd',CT d Iper D7 4,220 SY HMACP Overlay (2 ") (Type D) , complete in place per square yard. $ �''�� $ �l�, ID8 1 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ dv $ yew. 66 Revised PROPOSAL FORM PAGE 7 OF 13 Addendum No. 3 Attachment No. 3 Pages 28 of 64 I II III IV v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION PART D. TARLTON STREET CONT'D $ $ 6j c'o D9 4 Ep Adjust Existing Storm Sewer Manhole, complete in place per each. $ fy.OV $ /2` C1a11, co Traffic Control, complete in place per lump SGI'k)�UO $ got) eye) D10 3 Adjust Existing Water Valve, complete in place per each. $ #41.00 $ ..�Ji/j7,.et' 10,640 SY Milling 0" to 3" Depth, complete in place per square yard. $ vsQj D11 60 LF Remove and Replace Curb and Gutter, complete in place per linear foot. $ L/to $ Ze /Uje 10,640 SY Seal Coat, complete in place per square yard. $ 4-24.- D12 276 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ Atre© $ /5',F,06 1,070 SY Full -Depth Pavement Repair, complete in place per square yard. $ A de D13 207 LF Prefab. Pavement Marking (24" White Solid), complete in place per linear foot. $ n $ "alto tl 10,640 SY HMACP Overlay (2 ") (Type D) , complete in place per square yard. $ /Z ids D14 2, 022 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ ',eft- $ MN', lid D15 26 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ 44:6 $ a% dB D16 3 EA Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. 9g $ ,' $ 3ZVJ D17 6 DAY Portable Changeable Message Sign, complete in place per day. $ $ O SUBTOTAL PART "D" - TARLTON STREET (ITEMS D1 -D17) /// /��� /�y $ L(9(1orn. PART E. UP RIVER ROAD El 1 LS Mobilization, complete in place per lump sum. $ / ddadee $ iffema.GLo E2 1 LS Storm Water Pollution Prevention Plan, complete in place per lump sum. $ $ 6j c'o E3 1 LS Traffic Control, complete in place per lump SGI'k)�UO $ got) eye) sum. E4 10,640 SY Milling 0" to 3" Depth, complete in place per square yard. $ vsQj $ Z1/ Zf.Od E5 10,640 SY Seal Coat, complete in place per square yard. $ 4-24.- $ 0370,60 I E6 1,070 SY Full -Depth Pavement Repair, complete in place per square yard. $ A de ,/�® $ %`3 AI Qj E7 10,640 SY HMACP Overlay (2 ") (Type D) , complete in place per square yard. $ /Z ids $ �� / o�'�.� F Revised PROPOSAL FORM PAGE 8 OF 13 Addendum No. 3 Attachment No. 3 Pages 29 of 64 I II III Iv v BID ITEM QTY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION "ART E. UP RIVER ROAD CONT'D $ /idnG0 E8 4 EA Adjust Existing Sanitary Sewer Manhole, complete in place per each. $ On & $ atierefra Q 3 EA 12' X 60' Bus Stop Concrete Slab (Up River Road), complete in place per each. $ Merit tf0 E9 2 EA Adjust Existing Storm Sewer Manhole, complete in place per each. $ San Q(7 $ 4.111/•06 E10 8 EA Adjust Existing Water Valve, complete in place per each. $ jQM,al $ �1, vQ E11 1 Adjust Existing Gas Valve, complete in place per each. $ /000 $ ,�Q 06 E12 1, 221 LF Reflective Pavement Marking TY1 (4" White Broken), complete in place per linear foot. $ 6i PI �O /di SO E13 84 LF Prefab. Pavement Marking (12" White Solid), complete in place per linear foot. $ fide $ 97-6,66 97-6,66 E14 54 LF Prefab. Pavement Marking (24" White Solid) , complete in place per linear foot. $ /6 46 $ ..541e6-16 E15 4,768 LF Reflective Pavement Marking TY1 (4" Yellow Solid), complete in place per linear foot. $ �iiQ $�",te� E16 63 EA Raised Refl. Pavement Marker (TYII -A -A) Yellow, complete in place per each. $ e , $ 7U /.a E17 63 EA Raised Refl. Pavement Marker (TYI -C) White, complete in place per each. $ .% 06 $ (�(�l. Q° E18 5 EA Raised Refl. Pavement Marker (TYII -B -B) Blue, complete in place per each. $ T je $ 37- 5d 1 E19 6 DAY Portable Changeable Message Sign, complete in place per day. $ 7.hF?,O[� $ //244.041 SUBTOTAL PART "E" - UP RIVER ROAD (ITEMS El -E19) ,`�/i c $ 50 *" o 54 CLUSTER 2 TOTAL BASE BID (PARTS A, 8, C, D, & E) $ .{ /OS /d 6 r I d (PART F. ADDITIVE /ALTERNATIVE NO 1- CONCRETE BUS PADS F1 6 EA 12' X 60' Bus Stop Concrete Slab (Morgan Avenue), complete in place per each. y,��,y $ J/G ee' $ 71,06 e-40 F2 5 EA 12' X 60' Bus Stop Concrete Slab (Nueces Bay Boulevard), complete in place per each. $ /idnG0 $ G 5' 40 F3 3 EA 12' X 60' Bus Stop Concrete Slab (Up River Road), complete in place per each. $ Merit tf0 $�Q�QO S Revised PROPOSAL FORM PAGE 9 OF 13 Addendum No. 3 Attachment No. 3 Pages 30 of 64 1 II IN LIEU OF DELIVERY TO THE ELLIOT LANDFILL, 1n ICS 7, r�����6U� ALL MILLINGS SHALL BECOME PROPERTY OF THE CONTRACTOR. Iv v IBID ITEM QTY & UNIT DE3CRIPTION UNIT PRICE IN FIGURES BID ITEM, EXTENSION ..--- ....... .....n. ....... ..........Ire ..TOn.SLT..i14 MA 1 /TTIVMQ 41 Yil [�j7 ��{'� .f q S 1}�/� ,f44.44 !PART EE. ADDITIVE /DEDUCTIVE ALTERNATE NO 2 G1 1 LS IN LIEU OF DELIVERY TO THE ELLIOT LANDFILL, �� "�pp��� $�y70(!7. ICS 7, r�����6U� ALL MILLINGS SHALL BECOME PROPERTY OF THE CONTRACTOR. TOTAL PART "G' - ADDITIVE /DEDUCTIVE ALTERNATIVE NO 2 // ,./ f/ ,{ 64 7 a � id()) TOTAL BASE BID BID SUMMARY BASE BID PLUS ADDITIVE /ALTERNATIVE NO.1 (CLUSTER 2) BASE BID PLUS ADDITIVE /DEDUCTIVE ALTERNATE N0.2 (CLUSTER 2) BASE BID PLUS ADD PLUS ADDITI 2) f 40 VE NO. 1 VE ALTERNATE NO. 2 s ,,1 277 MO < 26 Revised PROPOSAL FORM PAGE 10 OF 13 $ ,71Z227�.94 Addendum No. 3 Attachment No. 3 Pages 31. of 64 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. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5t of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. 120 Receipt of the following addenda is acknowledged (addenda number): ljZ�3 /`f (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: By : S� n, A ) . . ns WISt• (SIGN,- Address: 9J6F (P.O. Box) (Street) G,lz/s // fy <9 (City) (State) (Zip) Telephone: 14/-099-37V NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Revised PROPOSAL FORM PAGE 11 OF 13 (Revised August 2000) Addendum No. 3 Attachment No. 3 Pages 32 of 64 P E R F O R M A N C E B O N D BOND NO. 929425339 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Berry Contracting,LP dba Bay,Ltd. of NUECES County, Texas, hereinafter called "Principal ", andCONTINENTAL CASUALTY COMPANY a corporation organized under the laws of the State of ILLINOIS and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of TWO MILLION, TWO HUNDRED EIGHTY -SEVEN THOUSAND, ONE HUNDRED AND 90/100($2,287,100.90) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 26TH of AUGUST , 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: STREET OVERLAYS - CLUSTERS 17 2, 3-4-4 PROJECT NOS. 6446, 64477& 64488 (CLUSTER 2- TOTAL BASE BID + ADD.ALT.NO.1: $2,287,100.90) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, 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 City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or 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. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces 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 Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27TH day of AUGUST , 20 08 PRINCIPAL BE CONTRACTING, LP DBA BAY LTD. B y : 1 't'a- S {- 1 M UOn Ln cT..v. Ay. (Print ame & Title) �J ATTEST i Nria.T►lammci( -Ad miry. flssis1q,J* (Print Name & Title) SURETY CONTINENTAL CASUALTY COMPANY Attorno} fin -fact MARY ELLEN MOORE (Print Name) es ' awn •of tha°-3uret`y eces County, Texas; -factions and sere ceos' process Agency: Contact Person: Address: SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MQnRF. P 0 BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 STATE OF TEXAS § COUNTY OF NUECES § P A Y M E N T B O N D BOND NO. 929425339 KNOW ALL BY THESE PRESENTS: THAT Berry Contracting,LP dba Bay,Ltd. of NUECES County, Texas, hereinafter called "Principal ", andCONTINENTAL CASUALTY COMPANY r a corporation organized under the laws of the State of ILLINOIS and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO MILLION, TWO HUNDRED EIGHTY -SEVEN THOUSAND, ONE HUNDRED AND 90/100($2,287,100.90) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 26TH day AUGUST , 20 08 , a copy of which is hereto attached and made a part hereof, for the construction of: STREET OVERLAYS - CLUSTERS 1- 2, 3-4-4 PROJECT NOS. 6446, 6447 -6448 (CLUSTER 2- TOTAL BASE BID + ADD.ALT.NO.1: $2,287,100.90) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or 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 Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces 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 Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27TH day of AUGUST , 20 08 PRINCIPAL BERRY CONTRACTING,LP DBA BAY LTD. Jon _ 2A'c z • (Print Name & Title) ATTEST 9-0,6; o151. ��2�iNd�2i .Trammell -ftdmirv• C-1ssis- I•-a„rJ- (Print Name & Title) SURETY CONTINENTAL CASUALTY COMPANY Attornen -fact MARY ELL N MOORE (Print Name) no sce an service orprocess' Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARV FT.T.FN MOORF Address: p_c ROX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361- 883 -1711 (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies "), are duly organized and existing corporations 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 Diann Eisenhauer, R M Lee, Leroy Ryza, Mary Ellen Moore, Kristi Roberts, 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 corporations 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 corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 11th day of June, 2007. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this t Ith day of June, 2007, before me personally came Thomas P. Stillman to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; 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 corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES: 09/17/09 My Commission Expires September 17, 2009 za Price Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation 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 corporations printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporations this 27TH day of ADGrISP 2n0R Form F6853- 1/2007 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Q caid.w2t Mary A. Rjbika *Jkis Assistant Secretary State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 You may also write to CNA Surety at: P.O. Box 1068, Houston, Texas 772511068. You n contact the Texas Department of Insurance to obtain information on companies, coverag rights or complaints at 1400 -252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Tell 78714 -9104, or fax 512475 -1771. PREMIUM OF CLAIM DISPUTES: Should you . have a dispute concerning your premium about a claim you should contact the company first. If the dispute is not resolved you m contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does n become a part or condition of the attached documents. CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following inf rmation. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME / /iy G�.T STREET: PQ am- 99dt CITY: ace7PJ' ali2es , ZIP: 7fl1 FIRM is: 1. Corporation partnership 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 iv be CERTIFICATE Consultant 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. 3o„ L4,..3-2. (Type or Pr Signature of Certifying Person: Certifying Person: Title: 5.rn`14:' 2. 14191‘• .43 Date: 1 IS" 3 Addendum No. 3 Revised PROPOSAL FORM Attachment No. 3 Pages 33 of 64 PAGE 12 OF 13 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. "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. c. "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. d. '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. e. "Ownership Interesr. 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. Revised PROPOSAL FORM PAGE 13 OF 13 Addendum No. 3 Attachment No. 3 Pages 34 of 64 ACORD. CERTIFICATE OF LIABILITY INSURA PRODUCER Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 78403 -0870 Phone:361- 883 -1711 Fax:361 -844 -0101 INSURED NCE DATE (MM/DD/TYYY) 08/20/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OPM BENI BERGPCI INSURERS AFFORDING COVERAGE NAIC BBeerry yContracting, LP ° P. 0. BoxL485$ Corpus Christi TX 78469 -4858 INSURER A: Au American Laurance Cowry INSURER B: Aee Property a Casualty Ins Co INSURER C. Illinois Union Laurance Co. INSURER D: COVERAGES INSURER E: ( #1) City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 -9277 CIICC -Co V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 301 /DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ATV KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) O ACORD CORPORATION 1988 THE ANY MAY POLICIES. AVJN POLICIES REQUIREMENT, PERTAIN. Cal OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS NO CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CW MS. LTR NBRC TPE OF INSURANCE POLICY NUMBER POLICY FECTIVL DATE (MMDD/YY) POLICYE %PIRA OON DATE (MM/DDAY) LIMITS A GENERAL LIABILITY V/ HDQG23741258 / .V/ 05/20/08 05/20/09 EACH OCCURRENCE $1,000,000 X COMMERCIALGENERPLLIABILm PRE "MlsES jee AIMU R rca) 6100,000 CLAIMS WOE X OCCUR AEDE(PCCGPerson) (A YPERSONPLSADVIALIRV $ 10,000 X X GENT/ —1 X, C, 0 Included $1,000,000 a An0,000 Contractual Incl GENERAL AGGREGATE sr AGGREGATE LIMIT APPLIES PER . POLICY n jECT n LOC PRODUCTS - COMP /OP AGG $5,000,000 A AUTOMOBILE X X X X X MERRY ANY AUTO MERRY V/ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS MCS -90 Filing ISAH08243906 / •V/ 05/20/08 05/20/09 COMBINED SINGLE LIMIT (WaaccithM 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (Per eecitlent) _ $ PROPERTY DAMAGE (Per accident) $ Form E Filing 9 GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT/ $ OTHER THAN EA ACC $ AUTO ONLY: AGG EACH OCCURRENCE /i5,000,000 $ B ,E%CESSAANBRELIA ++ l X LIABILITY ocu 1 J aANsmoWE X00023889754 05/20/08 05/20/09 I/ AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $50,000 $ $ $ A WORMER COMPENSATION AND EMPLOYERS' wool, ANY PROPRIET02PARTIER/EXECUTIVE OFFICER/MEMBER EXCLUDED) S ECIALsaiOe under STMT PROVISIONS aglow WLRC44344567 , / V 05/20/08 05/20/09 WU SIAM} ER X (TORY LIMITS 1 I ER E.L. EACH ACCIDENT 11,000,000 / E.L DISEASE. EA EMPLOYEE $ 1,000,000 d El. DISFASF. POLICY LIMIT $ 1,000,000 C DESCRIPTION Pollution CPYG24645332001 05/20/08 05/20/09 EachClaim $1,000,000 OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT See attached notepad for additional coverage information. Project: Street Overlays - Cluster 2 - Project / SPECIAL PROVISIONS No. art VIM 49 CERTIFICATE HOLDER — ... - -.. __.__. City of Corpus Christi Dept. of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi TX 78469 -9277 CIICC -Co V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 301 /DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ATV KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) O ACORD CORPORATION 1988 Additional Insured as required by written insured contract in favor of the Certificate Holder applicable to General Liability, Auto Liability & Umbrella policies. Waiver of Subrogation as required by written insured contract in favor of the Certificate Holder applicable to Workers Compensation, General Liability, Auto Liability & Umbrella policies. Workers Compensation includes US Longshore & Harbor Workers Compensation Act Coverage Endorsement, Outer Continental Shelf Lands Act Coverage Endorsement and Maritime at $1,000,000. General Liability is primary & non - contributory where required by written contract. POLICY NUMBER: HDOG23741258 COMMERCIAL GENERAL LIABILITY CG 20 1010 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR V CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Services - Attn:,Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 (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 include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. 8. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Authorized Representative: CG 20 10 10 01 Berry Contracting, LP dba Bay, Ltd. 05/20/08 - 05/20/09 POLICY NUMBER: HDOG23741258 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Services - Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 Location And Description of Completed Operations: dditional Premium: Included Of no entry appears above, inforrnation required to cornptete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". CG 20 37 10 01 Berry Contracting, LP dba Bay, Ltd. 05/20/08 - 05/20/09 Authorized Representative: POLICY NUMBER: ISAH08243906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the folbwing: COMMERCIAL AUTO CA 04 09 06 04 BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by 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. Endorsement Effective: 05 /2Q /OR Countersigned By ,a fi uthorized Representative) Named Insured: Berry Contracting, LP dba Bay, Ltd. [ i Name and Address of Additional Insured: City Of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section 11) is amended to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations is not required to pay for any premiums slated in the policy or earned from the policy. Any return premium and any dividend, if applicable; declared by us shall be paid to you. C. You are authorized to net for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named In the Schedule or Declarations will retain any right of recovery as a claimant under this policy. POLICY NUMBER: HDOG23741258 COMMERCIAL GENERAL LIABILITY CO 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. / TEXAS CHANGES -- AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Narne: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator 2. Address: PO Box 9277 Corpus Christi, TX 78469 -9277 3. Number of darns advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Authorized Representative: CG 02 0512 04 ISO Properties, Inc., 2003 Page 1011 I7 POLICY NUMBER: ISAH08243906 COMMERCIAL AUTO / CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR l COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance pmvidod under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Willi respect to coverage provided by this endorsement, the provisions of the Coverage lied by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless below. Form apply unless modi- another date is indicated Endorsement Effective: 0512012008 Named Insured: Berry Contracting, LP dba Bay. Ltd. Countersigned By: SCHEDULE (Authorized Representative" Number of Days' Notice Naine Of Person Or Organization Address 7 30 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 7B469-9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule, CA 02 44 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 13 TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MANUAL ENDORSEMENTS & FORMS TEXAS NOTICE OP MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person in the Schedule. 'rile number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Berry Contracting, LP dba Bay, Ltd. Policy 11WLRC44344667 05/20108 to 05120109 Schedule 30 City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 WC 42 06 01 of the Information or organization named Authorized Representative: