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HomeMy WebLinkAboutC2010-462 - 7/20/2010 - ApprovedBay Ltd. 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 F O R 2010 -462 M2010 -183 07/20/10 B O N D S POLICE VEHICLE IMPOUND FACILITY PHASE 1 (BOND 2008) PREPARED BY: Freese and Nichols, Inc. 5402 S. Staples Street, Suite 208 Corpus. Christi, Texas 78411 Phone: 361/561 -6500 Fax: 361/561 -6501 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880 -3500 Fax: 361/880 -3501 'DRAWING NO: PBG 748 le r .e•. *11 6 SHANE RAY i ORNO 2 y®�.Q' : 89499 • dr I% 67017A40 — e0-0.-.‘...e_. f)-1----u------ (Revised 7/5/00) POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 Table of Contents. NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -B (Revised August 2008) 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 -il 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 Project Layout and Control A -20 Testing and Certification A -21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) (NOT USED) A -24 Surety, Bonds A 25 Sa.lco Tan Z_cmtion (NO LONGER APPLICABLE) (6/11/98) _ -_ A -26 Supplemental Insurance Requirements gc Claims (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field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 (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 TABLE OF CONTENTS . PAGE 1 OF 5 A -39 Certificate of Occupancy and Final Acceptance A -40 Amendment to Section B -8 -6: "Partial Estimates" A--41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended "Indemnification and Hold Harmless" (9/98) A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) A 1G Disposal of Highly Chlorinatcd Water (7/5/00) (NOT USED) A -47 Pre - Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended "Prosecution and Progress" A -51 Dewatering and Disposal of Ground Water A-52 Storm Water Pollution Prevention Plan A -53 Video Documentation A -54 Electronic Proposal Form Attachment I - Bond 2008 Project Sign Attachment II - Sample Computer Print -Out PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 021 SITE PREPARATION 021020 Site Clearing and Stripping S5 021040 Site Grading S6 021080 Removing Old Structures S55 022 EARTHWORK 022100 Select Material S15 022420 Silt Fence S97 023 FOUNDATIONS, BORINGS, PILES & CAISSONS 023020 Jacking, Boring or Tunneling S65 025 ROADWAY 0252 SUBGRADES AND BASES 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement S54 0254 ASPHALTS AND SURFACES 025404 Asphalts, Oils and Emulsions S29 025412 Prime Coat (Asphaltic Material Only) S30 025414 Aggregate for Surface Treatment and Seal Coats S35 025418 Surface Treatment S32 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 0256 CONCRETE WORK 025608 Inlets S63 025610 Concrete Curb and Gutter S52 025612 Concrete Sidewalks and Driveways S53 025614 Concrete Curb Ramps TABLE OF CONTENTS PAGE 2 OF 5 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025807 Pavement Markings (Paint and Thermoplastic) S45 025813 Preformed Striping and Emblems 027 SEWERS & DRAINAGE 0272 GENERAL 027202 Manholes S62 028 SITE IMPROVEMENTS & LANDSCAPING 028020 028040 Seeding S14 Sodding S8 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing Steel S42 038000 Concrete Structures S41 050 METALS 050200 Welding 055420 Frames, Grates, Rings and Covers S57 PART T - TECHNICAL SPECIFICATIONS 010 GENERAL REQUIREMENTS 010300 Work Plan 010350 Gas Monitoring Plan 010610 OSHA and Health and Safety Programs 022 EARTHWORK 022020 Excavation and Backfill for Utilities and Sewers 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022060 Channel Excavation 022080 Excavation for Structures and Embankments 025 ROADWAY 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 025620 Portland Cement Concrete Pavement 026 UTILITIES 0262 GENERAL 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe and Fittings 026210 PVC Pipe - AWWA C900 and C905 Pressure Pipe 026214 Grouting Abandoned Utility Lines 0264 WATERLINES 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves and Tapping Valves TABLE OF CONTENTS PAGE 3 OF 5 026411 Gate Valves for Waterlines 026416 Fire Hydrants 027 SEWERS & DRAINAGE 0272 GENERAL 027203 Vacuum Testing of Sanitary Sewer Manholes and Structures 027205 Fiberglass Manholes 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts 0276 SANITARY SEWERS (GRAVITY) 027602 Gravity Sanitary Sewers 027606 Sanitary Service Lines 027611 Television Inspection of Conduits 028 SITE IMPROVEMENTS & LANDSCAPING 028100 Irrigation Systems 028340 Chain Link Security Fence 029000 Landscaping 050 METALS 051200 Structural Steel 053100 Steel Deck 055000 Metal Fabrications 16 ELECTRICAL 160100 General Electrical Requirements 160550 Electrical Power System Studies 160720 Electrical Supports 160750 Electrical Identification 160800 Electrical Testing 161110 Conduits 161170 Electrical Manholes and Concrete Pull Boxes 161200 600 Volt Wires and Cables 161220 Wire Connections and Devices 161300 Outlet Boxes 161400 Wiring Devices 161700 Disconnect Switches 162890 Transient Voltage Suppression 164020 Underground Electrical Service 164420 Panelboards 164500 Grounding 165000 Lighting 166010. Lighting Protection System 169350 Contactors LIST OF DRAWINGS: Sheet No. Description 1 Title Sheet / Vicinity Map 2 General Notes 3 Estimated Quantities 4 Existing Utility Basemaps 5 Traffic Control Plan Hala Pit Road 6 Project Overall Site Plan TABLE OF CONTENTS PAGE 4 OF 5 7 Off -Site Water and Wastewater (Plan and Profile) Stat. 0 +00 to Sta. 7 +00 8 On -Site Water and Wastewater Plan 9 On -Site Water /Wastewater Enlargement Plans 10 Water and Wastewater Details 11 Typical Cross Sections and Pavement Sections 12 Additive Alternate No.l - Hala Pit Rd. (Plan and Profile) 13 Staking and Striping Plan 14 Grading and Drainage Plan 15 Drainage Structure Enlargement Plan and Details 16 Miscellaneous Drainage Details 17 Striping and Miscellaneous Details 18 Additive Alternate No. 1 - Hala Pit Rd. Miscellaneous Concrete Details 19 Additive Alternate No. 1 - Curb and Gutter and Sidewalk Standard Details 20 Additive Alternate No. 1 - Typical Driveway Details 21 Storm Water Pollution Prevention Plan 22 Storm Water Pollution Prevention Details 22A Gas Vent Location Plan and Details 23 Fencing Plan 24 Chain Link Fence Details 25 Manual Rolling Gate Plan and Details 26 Structural General Notes 27 Foundation Plan and Details 28 Canopy Framing and Details 29 Additive Alternate No. 5 - Ditch Maintenance Access Ramp Plan and Details 30 Additive Alternate No. 5 - Ramp Sections and Details 31 -35 Standard Water Details 36 -40 Sanitary Sewer Standard Details 41 Poz -Loc Sign Support Post and Socket System 42 -50 Traffic Control Standard Details 51 Electrical Legend 52 -53 Lighting Plan 54 Electrical Diagram and Schematic 55 -56 Electrical Details 57 Duct Bank Details 58 Landscape & Irrigation Plan 59 Landscape & Irrigation Notes and Details GEOTECHNICAL REPORT CHILD SUPPORT STATEMENT NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTESTS PAGE 5 OF 5 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 consists of (including Additive Alternates) approximately 47,835 SY of 2- course surface treatment paving, 50,216 SY of base, geogrid, and subgrade improvements, area lighting, with 2778 LF security fencing, automated access gates, and prefab modular guard house, along with 1789 LF of storm water drainage ditch improvements, 1397 LF of waterline improvements and 981 LF of sanitary sewer improvements, together with all appurtenances, in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, June 23, 2010, 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., Wednesday, June 16, 2010and 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. 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/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 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: I. 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 $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT El REQUIRED. NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ■ REQUIRED NOT REQUIRED INSTALLATION FLOATER 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 INSURANCE REQUIREMENTS Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS` COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 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 rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or-a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (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, §406.096(e)(1)_ (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the • Texas Labor Code, §401:011(44). - (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties 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 on the project. (6) Duration of the project -- Includes 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) - -With 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 limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been 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 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 governmental entity that enters into a building or construction contract on a project shall: (1) 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 part 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 from 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 of 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 1 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: Attached Graphic Page 3 of 11 (d) A contractor shall: (I) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) 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 contractor's 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 the project; and (B) 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 not 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 shall 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 commission on the sample notice, without any additional words or changes: Attached' Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based.on proper reporting of classification codes . and payroll amounts and filing of any coverage agreements for all of its 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 work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (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 whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work 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 of the project based on proper reporting of. classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on 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 signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and "payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or; in the case of a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions_" (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, a new 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; Page 5 of 11 (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 ten 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 filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate 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 (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 contract; (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 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_ (f) II-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 rule 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_ Page 6 of 11 (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 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 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-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: 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 Page 7 of 11 T28S 110.11 Q(d )(7) "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. This 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 employer's failure to provide coverage_" Page 8of11 T28S 11 0.1 l 0(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert fcate'9- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project_ Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless. of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodTeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must. provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends. during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, f the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. IH The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,' in the case of a self - insured, with the commission's Division of Self- Page 10 of I I Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity Page 11 of 1 '1 PART A SPECIAL PROVISIONS POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, June 23, 2010. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and nonresponsive. Late kroposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, June 16, 2010, beginning at 10:00 a.m. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a site visit will follow. 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 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 consists of (including Additive Alternates) approximately 47,835 SY of 2- course surface treatment paving, 50,216 SY of base, geogrid, and subgrade improvements, area lighting, with 2778 LP security fencing, automated access gates, and prefab modular guard house, along with 1789 LF of storm water drainage ditch improvements, 1397 LF of waterline improvements and 981 LF of sanitary sewer improvements, together with all appurtenances, in accordance with the plans, specifications and contract documents; It is to be noted that the construction takes place on a closed landfill. The successful bidder is required to provide a health and safety plan detailing work place safety and monitoring 'of landfill gases (methane) during construction (See the included work Plan for requirements). A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid -OR- 2. Total Base Bid plus all or any combination of Additive Alternates. 1 Part A - SP (Revised 12/15/04) Page 1 of 22 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 bid items: Base Bid consists of all elements of the proposed work not specifically designated as an additive alternate or work to be performed by others. Additive Alternate No. 1 consists of reconstructing Hala Pit Road as indicated on the drawings. Additive Alternate No. 2 consists of constructing transition ramps of recyleced asphalt as indicated on the drawings. (Reclaimed asphaltic material will be provided by the City.) Additive Alternate No. 3 consists of improvements to the Auction Site as indicated on the drawings. Additive Alternate No. 4 consists of providing crushed limestone flexible base material and reclaimed asphaltic material base material. (Reclaimed asphaltic material will be provided by the City.) The reclaimed asphaltic base material shall consist of reclaimed pulverized asphalt salvaged and pulverized such that 100% of the material passes a 2 -inch sieve. Additive Alternate No. 5 consists of the construction of a storm water maintenance ramp as indicated on the drawings. "Allowance" for unanticipated improvements or relocation of existing utilities are reserve amounts of funds that may become available for payments to the Contractor, with the City's approval, if the extent of utility improvements or relocation work exceeds the original estimated scope of work. 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 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) Project No. 5249 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. 3. The information required and identified by Sections A -28, A -29 and A -30 of these Special Provisions *. *In order to expedite the A /B's recommendations for award, Bidders are to provide the requested information with their Proposal. A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure: to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to complete construction within the allotted working time provided below. Liquidated damages will be assessed for each day that the work is not completed. The working time for completion of the entire Project will be 150 calendar days. No additional time will be allotted for any Additive Alternate. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. Part A - SP (Revised 12/15/04) Page 2 of 22 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. January 3 Days February 3 Days March 2 Days April 3 Days May 4 Days June 4 Days July 3 Days August 4 Days September October November December 7 Days 4 Days 3 Days 3 Days 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, $400.00 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 estimates 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. 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. Part A - SP (Revised 12 /15/04) Page 3 of 22 A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Construction Type(s): Heavy Highway and Heavy. 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 (1 %) 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 at 1 -800- 344 -8377, the Lone Star Notification Company at 1- 800 -669 -8344, and Verizon Dig ALERT at 1- 800-483 -6279. For the Contractor's convenience, the following telephone numbers are listed: City Engineer 826 -3500 Project Engineer 826 -3500 A/E Project Engineer, Shane Ray Torno, P.E. Freese and Nichols, Inc. 561 -6500 Streets & Solid Waste Services 826 -1970 Traffic Engineer 826 -3540 Police Department 882 -1911 Water Department 826 -1880 Wastewater Services Department.. 826 -1818 Gas Department 885 -6900 Storm Water Department 826 -1881 Parks & Recreation Department 826 -3461 American Electric Power Co. (AEP) 299 -4833 Southwestern Bell Telephone Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) CenturyTel ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) fax: 561 -6501 (826 -3140 after hours) (826 -3140 after hours) (885 -6900 after hours) (826 -3140 after hours) (693 -9444 after hours) Co. (SBC) ..881 -2511 (1 -800 -824 -4424 after hours) 826 -1946 826 -1960 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 - 724 -3624) 225/214 -1169 (225/229- 3202(M)) 881 -5767 (Pager 850 -2981) 512/935 -0958 (Mobile) 972/753 -4355 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 Part A - SP (Revised 12/15/04) Page 4 of 22 as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not 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 the 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. All- weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. 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. All cooto for traffic control arc concidcrcd auboidiary; thcrcforc, no dircct p ymcnt will he made to Contractor. 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 lines must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewers is allowed to remain on the Project site or adjoining streets. A -1.5 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 Part A - SP (Revised 12/15/04) Page 5 of 22 dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various bid items; therefore, no direct payment will be made to the Contractor_ 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 the Contractor. A -17 Field Office (NOT USED) be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the mitt as required by the City—Enginccr or his representative. The field office must be furniohed with a Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to complete construction within the allotted working time provided below. Liquidated damages will be assessed for each day that the work is not completed. The working time for completion of the entire Project will be 150 calendar days. No additional time will be allotted for any Additive Alternate. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project. This 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 also 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 Part A - SP (Revised 12/15/04) Page 6 of 22 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. 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 and two (2) benchmarks, required for project layout, 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 benchmark, 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. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party 1n dcpenden- Registered Professional Land Surveyor (R.P.L.S.) licensed in the State of Texas, retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: + All curb returns at point of tangency /point of circumference; • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Part A - SP (Revised 12/15/04) Page 7 of 22 Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valve boxes; • Valve vault rims; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Throat and invert elevations at inlets; • Casing elevations (top of pipe and flow line) 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 Project Signs The Contractor must install one (1) Project sign furnished by the City as indicated in Attachment I. The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the City Engineer. 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. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. 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: Part A - SP (Revised 12/15/04) Page 8 of 22 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 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 either 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. Part A - SP (Revised 12/15/04) Page 9 of 22 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 Inspection Required (Revised 7/5/00) (NOT USED) rcquircd by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the 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 (NO LONGER APPLICABLE) (6/11/98) fo- llewtng subatitutcd in licu thcrcof. and tho Part A - SP (Revised 12/15/04) Page 10 of 22 or cuch other rulco or regulations as may be promulgated by the Comptroller of Public Accounto of Tcxac. 1. Obtain the xeeecsary oaleo taf permitc from the -State Comptroller. 2. Identify in the appropriate space on the "Statement of Materials and Other into the Projcct. 3. Provide rcoale ee tificatco to oupplicrs. value of materialo. certificate to laic oupplicr. " A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, 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: Contracts 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 General Provisions, 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 General Provisions, 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 Part A - SP (Revised 12/15/04) Page 11 of 22 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. A -27 Responsibility for Damage Claims (NOT USED) Paragraph (a) Ccncral Liability a - Section B 6 11 of the Gcncral Provioion❑ io amcndcd to include: polio co pevi -diag such insurance covcragc. 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, the City Engineer requires all bidder to provide with the proposal form 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 Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the 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 be 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. 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 submitted with the proposal form Part A - SP (Revised 12/15/04) Page 12 of 22 and 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 prerequisite 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. If 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 of the General Provisions. 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 lowc3t bidders Bidders must submit to the City Engineer the following information with the proposal form: 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 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 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 of the General Provisions; 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 Special Provision A -28 concerning Part A - SP (Revised 12/15/04) Page 13 of 22 "Considerations for Contract Award and Execution" and Special Provision A -29 concerning "Contractor,s Field Administration Staff "; 10. Within five (5) days following bid opening, oubmit 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 ", Section 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 ", Section 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. 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 Transportation "Standard Specifications for Construction of 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. Visitor /Contractor Oricntation Part A - SP (Revised 12/15/04) Page 14 of 22 for tbeoc persono who do not have ouch a card, and who desire to perform any work within any City water facility. For additional information rcfc -r to 1.ttachmcnt 1. D. Operation of City Owncd Equipment °witch, breaker, control, or any ether item related to City water facility at any maintcnanco cmploycc of thc City W,ate-r Departmcnt. C. Protection of Watcr Quality Contractor ohall protect thc quality of the water ± the job oitc and shall water. D. Conformity with ANCI /NCF Ctandard C1 rcinotallation, and imopeetien of pnmps, err any othcr items, which could comc into contact with potable water, must aen4orm to America National Standards Inotitutc /National SanItatien Feundation (ANSI/#SF) Standard 61 as described the andard Cpccifi ati- Such materials include all solvent°, cleanero, 1bricanto, gasket°, thr ad eompoundo, coatingo, or hydraulic equipment. These itemo must not be used unlcos by authorised City peroonncl immediately prior to use, E. Handling and Diopooal of Trash be allowed. The Contractor shall keep work area° clean at all times and remove all traoh daily. CONTRACTOR'S ON SITE PREPARATION F. Contractor'o personnel muot ar colored uniform everallo othcr than orange, bluc, or whitc. Each empoyee uniform muot provide company namc and individual cmploycc identification. C. Contractor ohall provide telephones for Contractor peroonncl. Plant telephone° arc not available for Contractor uoc. Ii. Working houro will be 7:00 A.M. to 5:00 P.M., Monday thru Friday. own sanitary facilitieo. City Water Department otaff. All Contractor vchieeeo muot bc clearly labcicd with company name. No private employee vchtcles are allowed at O. N. Stevens Water Trcatment Plant. All peroonne1 must bc in company vchicico. During working houro, • Dcpartmcnt peroonncl during cmcrgcncy cvaeuation. K. Contractor Qualificationo ,SCl'DA (SUPERVISORY CONTROL AND DATA-ACQUISITION) by qualified tcchni al and oupervioory personnel, as determined by mccting thc Part A - SP (Revised 12/15/04) Page 15 of 22 to dcmonotratc the following: buoineaa, peeferably as appl-ied to the municipal water and wastewater induatry. required in thin Contract on at leant thrcc pri r projects— years. F. ...t manufacturer's training couroe in eonfiguring and impacmenting the opccific typo -w.11 be— thepreduct of one manufacturer. all programming blocks uned.- L. Trenching Requirements A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number of copies 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, Part A - SP (Revised 12/15/04) Page 16 of 22 2. verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract Documents. e. 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 the 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 the 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, through Contractor, any inability to comply with provisions. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Test and Repair Report: When specified in the Standard or 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 ", Section 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. A -39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B -8 -9. Part A - SP (Revised 12/15/04) Page 17 of 22 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 work day and the Contractor will be compensated at the unit price indicated in the proposal. 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. As a condition of this project, the Contractor is required to provide a site - specific Health and Safety Plan to include measures to protect workers and surrounding properties from landfill gases (methane). The plan shall include monitoring of explosive gases, personal protective gear and emergency procedures in accordance with the City's gas monitoring plan for the project area. A -43 Amended "Indemnification and Hold Harmless" (9/98) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B-6-21 "Indemnification and 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, materialman, 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, materialman, 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 materialman." A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one Part A - 5P (Revised 12/15/04) Page 18 of 22 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: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. c. "Nameplate" data on all installed equipment. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A -46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) The Contractor ohall be rcoponnible for the disposal ef water uccd for tenting, dioinfcction and lint fluohing in an approved manner. Contaminanta in the water, the Contractor' -e rcoponnibility to comply with the requirements of all regulatory A -47 Pre - Construction. Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') of proposed pipelines of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed,• as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. The Contractor shall perform no construction work on the Project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer, and Contractor has received Engineer's approval of the report. Exploratory excavations shall not be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully 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. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Part A - SP (Revised 12/15/04) Page 19 of 22 The Contractor shall coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", Section 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 Amended "Prosecution and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts", Section 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." A -51 Dewatering and Disposal of Ground Water As part of the Project requirements, the Contractor shall perform dewatering, depressurization, draining, controlling and disposal of ground water in excavations and trenches in accordance with Technical Specification Section 022021 "Control of Ground Water ". A -52 Storm Water Pollution Prevention Plan This Project is required to have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The Contractor will be required to submit a NOT along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to commencement of any construction activities. The Contractor is also required to post a signed copy of the NOI and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. A -53 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary sewer) and storm water gravity lines and manholes installed on this Project. All inspections shall be made in accordance with Standard Specification Section 027611 "Television Inspection of Conduits ". Part A - SP (Revised 12/15/04) Page 20 of 22 A -54 Electronic Proposal Form "General Provisions and Requirements. for Municipal Construction Contracts" Section B -2 -7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer- generated print -out, in lieu of the Proposal Form (Pages 3 through 16, inclusive). The print -out shall list all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 16, inclusive). The print -out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 17, 18 and 19. In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts. (Signature) (Title) (Date) " Part A - SP (Revised 12/15/04) Page 21 of 22 SUBMITTAL TRANSMITTAL FORM PROJECT: Police Vehicle Impound Facility, Phase 1 (Bond 2008) Project No. 5249 OWNER: City of Corpus Christi ENGINEER: Freese and Nichols, Inc. CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Part A - SP (Revised. 12/15/04) Page 22 of 22. A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 20TH day of JULY, 2010, 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 $2,107,855.57 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: POLICE VEHICLE IMPOUND FACILITY PHASE 1 (BOND 2008) PROJECT NO.5249 (TOTAL BASE BID: $2,107,855.57) 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, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, 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. Page 1 of 3 Rev. Jun-2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6-11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS 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. Page 2 of 3 Rev. Jun -2010 APPROVE AS TO LE FO By: Asst. ity Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to .sign) CITY OF ORPUS CHIC STI By: Juan Perales,'Jr.,P.E. Assistant City Manager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Bert' Contracting, LP dba Bay, Ltd. By: i Title: �st,w■olr "%. P.O. BOX 9908 (Address) CORPUS CHRISTI, TX 78469 (City) (State) (ZIP) 361/299-3721 * 361/289 -2304 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 =LAI AUTHORITEB COUNCII. SECRETARY.- REVISED PROPOSAL FORM FOR POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED PROPOSAL FORM PAGE f OF 18 ADDANPUM MO, t ATTACHMENT NO. 1 ADDENDUM ND, 2 {I! ATrACHMENTN4.1 i!1 Proposal of PROPOSAL Place: C a r , C_1.„` �-`. '� • Date: Co - 3 a - b -tPr • C A-.,n L'4 �?3 Jac '9 ..s. LA- I .2) a Corporation organized and existing under the laws of the State of OR a Partnership or individual doing business as 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: POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PROJECT NO. 5249 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 98 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART A: VEHICLE IMPOUND FACILITY IMPROVEMENTS: I II 111 IV V - BID ITEM QTY & UNIT - DESCRIPTION UNIT PRICE IN FIGURES BID I'F M EXTENSION (QTY X UNIT PRICE IN FIGURES) Al 53,570 SY Site Clearing. complete In place. $ 0, p 5 $ .1. p6 1 2) t c 0 per Square Yard A2 48,140 SY , Site Grading, complete in place, per Square Yard $ 0, 1 k $ ;2. "'t S... '+ 0 A3 30.000 Cut Material, stockpiled on site, $ .2_, . 0 0 $ L 0 G 6 , 0 0 gY per Cublc Yard A4 48,140 SY 12" Compacted Subgrade, complete In place, per Sauere Yard $ 0 , 5 $ i-+ , 0 -7 0 . e3 A5 30,859 SY Geogrid (Type 1), complete in place, per Sauare Yard $ (, n s $ i' ', , L,r; 3 . AB 30,859 SY 9" Crushed Limestone Flexible Base (Type A, GR. complete In place, per Square Yard $_ 10, 3 $ 3C3; 3; `-1-� L C 'l A7 30,669 SY 8" Recycled Asphalt Paving Base Sauare complete In place, per $ _3 6 5 $ 11. 1 , 9 0S, -5 5 A8 4,573 GAL Prime Coat (0.15 GaIfSY), complete In place, per Gallon $ .: • . 9 0 $ (� t cl 2_0, I G A9 30,484 SY 2 Course Surface Treatment (TYPE PE Aggregate), complete in place, per Square Yard $ 2_.. 5 1 `l S4, 2.0 $ ; A10 220 LF Remove Existing Fence, complete In place, per Linear Foot $ z , ;; $, 6 O. (--)c-.) Al 1 2,778 LF 8' Chain Link High Security Fence, complete In place, per Linear Foci $ 3 c6 , o $ (0 6 ) 9S3, ego Al2 8B1 LF Security Modifications to Existing 8' Chain Link Fence, complete in place, per Linear Foot $ 3 $ _ `-(- A13 3,200 LF DELETED - $ 7 r $ } , A14 12 EA DELETED $ $ REVISED PROPOSAL FORM PAGE 3 OF 18 ADDENDUM NO,2 ATTACHMENT NO.1 1 REVISED PROPOSAL FORM PAGE 4OF18 ADDENDUM NO.2 ATTACHMENT NO, 1 II - - - - -- III IV J -- - ---- V BID ITEM * TY & UNIT DE.- CRIP ON UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE iN FIGURES A15 144 CY $ $ DELETED A16 72 CY DELETED $ $ Al 7 4 EA 24' Wide Manual Rolling Gates, complete in place, per L} $ C 0 , $ t )060,0c> A18 1 EA DELETED $ $ A19 1 EA 25' x 30' Steel Canopy with Arched Metal Roof, complete In place, per WI $ 1 4 , 000. oCi $ 1 c-4 l oc..)':> , A20 48 CY Soil Excavation at Canopy Foundations {12 CY /Ea. }, complete in place, per Cubic Yard $ 1#0 °, ;) $ I , 1 --LO , 00 A21 24 CY Concrete Spread Footing Foundations for Canoy (8CY/Ea. complete In place, per Gub o Yard ), $ 52-4-'' C1 `) $ L2.. i (zit) 0 , cc A22 2 EA Handlcap Symbol Markings, complete in place, per Each $ 50 00 $ loo . o 0 A23 22,304 LF 4" Parking stripes, complete In place, per Linear Foot $ 0 ' 5 d $ i 1 1 15 ° , 0 c.; A24 2 EA Handicap Parking Sign, complete in place, per Each $ 2 cd 0 , 0 0 $ 43 C.) Q.LeD A25 25 EA Concrete Wheel Stops, complete in place, per Each $ "l 0 , o o $ 1 fl 0 , 00 A26 1 LS Landscaping, complete In place, per Lump Sum $ 2 Ut 00 00 1 $ dQOD : 00 A27 2 DAY Ozone Action Day, complete In place, perQay $ • C),Do $ I, ic.)o of A28 12 EA Gas Vents, complete In place, per Each , $ 1 1 0 2 5 ., 0 $ .Z 10 0 ,, 00 REVISED PROPOSAL FORM PAGE 4OF18 ADDENDUM NO.2 ATTACHMENT NO, 1 I II_ Ill IV A29 1 • LS Mobilization ansl Demobilization of $ 4-, c , „O : 0 o $ 9 1 CS-C" r,)..z Recvlced Asphalt Processing glOMPAtaitlialnalln A330, 600 process Recycled Asphalt Material. $ g 6 i 0 0 $ Z ) t., c--)c� a cx3 a per CY A31 1 !_s Furnish and Install all electrical_ ��`.' ` ��� $ Z 00 .-, _ $ 20 , I O :. �� wiring. raceway systems. ductbanks. oullboxes ae!bown In the Plans and Specifications. per AM 4 IA Furnish and Install Ilghtlna $ i 5 5 i C'''am z-"" $ `" �- " 1 r� ``' ' c'� $ncludlna but not limited to light fixtures. notes. concrete bases.. etc. as shown in the Plans and Sp clflcaJtons. per LS 4 LI Furnish and Ingo all miscellaneous electrical and $ � 'c3 �, _ $ electrical systems Including but pot limited to Danelboards. groundnut grounding sv$�In. lighting contactors. discopggcts. support _— systems, etc.. par J_S TOTAL BID PART A (Items M through A33): ( 3 S 7") 1 4O REVISED PROPOSAL FORM PAGE 5 OF 18 A D!NDUM NO. Z ATTACHMlNT NO. 1 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) B: STORM WATER DRAINAGE IMPROVEMENTS: TOTAL. BID PART B (Items B1 through B11): i b : S o REVISED PROPOSAL. FORM PAGE BOF18 ADDENDUM NO. 2 ATTACHMENT NO. 1 II III Iv - -- .— . BID I I ' TY & U DESCRIF IO UNIT PRICE IN F URES :. T (QTY X UNIT PRICE IN FIGUR - B1 4,622 SY Seeding for Erosion Control, complete In piece, per Square Yard $ l . z 5 $ c ; 6 5 Z . 5 e� B2 148 LF 48" Dia. RCP, complete in place, per Linear Fool; $ t 4' , O C .� "t 2 . . . <. $ 2-1 ) 33 2 EA Post Inlet, complete in place, per Each; $ d°j j c.E:) . C: r $ l `% 1 t? 4 0 • C.+:; B4 900 SF Stone Rip -Rap Filtration, complete in place, per Square foot $ = I $ ;- c $ tw i 'IS } j B5 9,380 SF 5" Concrete Rip -Rap for Sedimentation Ditch, complete In place, per Square foot $ . ; rJ Be 720 SF 5' Wide Concrete Flume, complete in place, per Square Foot $ g- 4 0 $ ;% Oe,'6 , c i B7 2,920 CY Ditch Excavation, complete in place, per Cubic Yard $ 14,50 $ i3 i (q p, 00 138 4,p1 B LF Silt Fence for Storm Water Pollution Prevention, complete In place, per Linear Foot $ .2-. 00 $ ta , u`2,2) , o Be 34 LF Rook Filter Dam for Storm Water place I pe PLineariFoot complete in $ 2 o . coo $ 6) 1 0 , 00 B10 148 LF Trench Safety for Drainage, complete in place, per Linear Foot $ .11 ,Le) $ i I 17.-4 i rrac' B11 266 SF Remove and Replace Concrete Ditch Liner, complete In place, per Linear, $ i,,c $ -5 t4 ,i oo TOTAL. BID PART B (Items B1 through B11): i b : S o REVISED PROPOSAL. FORM PAGE BOF18 ADDENDUM NO. 2 ATTACHMENT NO. 1 POLICE VEHICLE IMPOUND FACILITY, PHASE 'I (BOND 2008) • . ... .....■ii■._..-■- -• -•- - - -f ID - -. - -- r Iv j v BID ITEM TY & UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES C1 136 LF 2" Dia, SCH 80 PVC Waterline, complete In place, per Linear Foot $ 14'100 $ . t 67 D`4 0 00 C2 1 EA 2" Dia, SCH 80 PVC 90 DEG Bend, complete In place, per Each $ I-, O . 0 Q $ „C) CL..,' , ( C3 1 EA 2" Dia. SCH 80 PVC Tee, complete In place, per Each $ 6 >_• . c cy $ o . , .T, C4 2 EA 2" DIa. SCH 80 PVC Cap, complete In place, per Each $ 3 00 , t.-,i.,' $ r.,, t3 0.r- • C5 86 LF 2" Water Service Connection Line, complete In place, per Linear Foot $ ; 5 , r, c) $ a , 01 0 . cC P, p 08 1 EA 6" Gate Valve and Valve Box with Cover, complete In place, per Each $ 1 S Li' 00 . u:. $ 1 i 40 V , C c C7 g ®� LF 12" Dia, C900 PVC (DR 18) Waterline, complete In place, per Linear Foot $ .. , . bc) $ 21 ` 1(0 f 00 C8 3 EA 12" Gate Valve and Valve Box with Cover, complete in place, per Each $ 2 , 00 0 , tip.) $ .) er�v C9 6 EA 12" - 45 ° DI Bend, complete In place, per Each $ 55 0 , 0 F.) $ r- i 1) 00 , [ND C10 8 EA 12" - 90 ° Di Bend, complete In place, per Each $ 5 415 , oz ' $ yI y to. 0Z> Cl 1 2 EA 12" x 12" Tee, complete In place, per glob. $ (600. co ! , k (}(_.5 . ,-. C12 258 LF 12" Dia, Di Waterline, complete in place, per Linear Foot $ z.c; . e u $ b I- 50 , REVISED PROPOSAL FORM PAGE 7 OF le ADDENDUM NO. 2 MTACHMENT NO. 1* TOTAL BID PART C (Items C1 through C23): 1'0 11 45 0 REVISED PROPOSAL FORM PAGE 8 OF 18 ADDENDUM NO.2 ATTACHMENT ND, 1 II 111 IV. — — V V BID ITEM • TY & UNIT • CRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES C13 200 LF 24" Dia. Steel Casing (Bored), complete In place, per j.inear_ Foot $ 2-4 0 , G $ ) o 0 0 . c t� C14 3 EA Fire Hydrant Assembly (Type 1), complete In place, per Each $ +-(-- -,c7 , co t $ t O b ''� v �� C16 2 EA 12" Tie -In /Connection to 12 ", complete In place, per Each $ 1, b 00 . (�)o $ 3 , zoo. c..$0 c16 3 EA Water Service Connection, complete In place, per Each $ h c z, , co $ (t 00 , 00 C17 187 SF Concrete Sidewalk Repair , complete In place, per Square Foot $ c $, 't , S z 9, so C18 2 EA 2" Water Meter w /Meter Box, complete In place, per gad! $ j I 100 . 00 $ 3, 4 00 n 0:--) C19 4 EA Sleeve Termination, complete In place, per Ugh $ 3 o , 00 $ 1. Lc0 , 0�.. C20 2 EA 2" PVC Observation Well, complete In place, per Each $ cu. $ I ` S c « , �: C21 1,397 LF Trench Safety for Waterline, complete In place, per Unear Foot $ 2_, 0c) $ 2 i g1 9 LI- ; oc. C22 1 LS Traffic Control, complete in place, per LumD Sum $ .0 00 $ `a.. , I 023 1 LS Unanticipated Water Utility Allowance, complete In place, per sumo Sum $6,000.00 _ $5,000.00 TOTAL BID PART C (Items C1 through C23): 1'0 11 45 0 REVISED PROPOSAL FORM PAGE 8 OF 18 ADDENDUM NO.2 ATTACHMENT ND, 1 ADDENRUM ND. 2 I ATTACi{MENT NO.1 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART D; SANITARY SEWER (WASTEWATER) IMPROVEMENTS: IV 1 BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) BID ITEIVi 01 D2 03 D4 D5 D6 D7 D8 De D10 011 012 D13 014 1 QTY & UNIT 105 LF DESCRIPTION 4" PVC Sanitary Sewer Line (0'-6' Depth), complete in place, per linear Fco 1 4" PVC WYE, complete in place, per EA Each 1 4" - 45 ° PVC Bend, complete In - EA. • place, per Each 1 4" PVC Cap, complete in place, per EA Each 1 4" PVC Cleanout, complete In place, EA per Each. UNIT PRICE IN FIGURES $ D. 1, . Q 0 8" PVC Sanitary Sewer Line (0' -6' 276 LF Depth), complete in place, per Linear faot $ 3 0.00 $ L4o 00 495 8" PVC Sanitary Sewer Line (6 " -8' LF Depth), complete in place, per Linear Egsd 95 LF 8" PVC Sanitary Sewer Line (8' -10' Depth), complete in place, per Linear Ob $ Foo• oo $`2So o 8" PVC Sanitary Sewer Ltne (10' -12' �� 10 Depth), complete in place, per Uneer, LF Eggi 4 EA 4' Dia. Fiberglass Sanitary Manhole (Type A)(0' -6' Depth) complete In place, per Each 9 VF $ 100 o Extra Depth for 4' Dia. Manhole (Type A)(over 6' Depth), complete in place, per Vertical Foot 1 Tie-In to Existing 12" Stub -out, EA complete In place, per Each $ o o 9 Pavement Repair (Asphalt), complete SY In place, per Square Yard 1 Sanitary Service Connection, EA complete in place, per DO, $ :3 7..., I 0 $ 3. $ 4 s $ ai3 00 : O 0 $i.coo.o'0 $ C7 0. 00 $ `I) ore. o � $ 400. ©o $ 4 -0a.0o $ 2SO•.pa $ $ 3t,1 0,00 $ 'rS o.Qo $ 2:4d 0° 00 $ Z7o° o0 $ fo.00.00 $ 54c .r on $ tt7OD, oo REVISED PROPOSAL FORM! PAGE 9 OF 48 11 BID ITEM TY & UNIT D15 981 LF D16 4 EA 111 DESCRIPTION Trench Safety for Sanitary Sewer, complete in place, per Linear Foot Trench Safety for Sanitary Sewer Manholes, complete in place, par ac D17 488 SF Remove and Replace Concrete Driveway, complete In place, per Square Foot D18 25 SF Concrete Sidewalk Repair, complete In place, per Square Foot D19 1 LS Remove Concrete Poet inlet and Plug 18" RCP Pipe, per t"ac D20 1 LS D21 Traffic Control, complete in place, per Jump Sum IV UNIT PRICE IN FIGURES $ i To $1i,f10 $ c? ° $ j`OoPcs� $ 1800, 0 0 1 Unanticalpated Wastewater Utility LS Allowance, complete in place, per Lump Sum V BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES 4`!oS.Oo $5,000.00 $,+ 74, oa $ Sco $ ailoo. 00 $5,000.00 TOTAL BID PART D (Items D1 through D21): k , ' ' • s ° • REVISED PROPOSAL FORM PAGE 10 OF 18 I ADDENDUM ND. 2 l ATTACHMENT NO. 1 1 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART E; ADDITIVE ALTERNATE No. 1 - HALA PIT ROAD: BID ITEM El !1 CITY &UNIT 0,72 AC 111 DESCRIPTIO ROW Clearing, complete in place, per Acre E2 1,876 SY Street Exoavatian, complete In place, per Square Yard E3 *1,876 SY 12" Compacted Subgrade, complete In place, per Square Yard E4 1,876 SY Geogrid (Type 1), complete in place, per Sauare Yard E5 1,678 SY 14" Crushed Limestone Flexible Base (Type A, Grade 1), complete In place, per Square Yard E6 201 GAL Prime Coat (0,15 GaIfSY), complete In place, per Gallon E7 1,341 SY 4" HMAC Burins Course (Type D), complete In place, per Square Yard E8 169 SF 9" Concrete Pavement, complete in place, par Sauare Foot E9 200 SY V 1 BID ITEM EXTENSION UNIT PRICE IN (CITY X UNIT PRICE IN FIGURES FIGURES) $ 0 • $ 2 0 $ g 0 0 0 0 $ 1. S o $ 2 '#. coca 6" Crushed Limestone Flexible Base (Type A, Grade 1), complete In place, per Sauare Yard E10 57 LF 6" Concrete Curb, complete in place, per Linear Foot El 1 2,936 SF 4" Concrete Sidewalk, complete In place, per Square Foot E12 1,290 SF 6" Concrete Driveway, complete in place, per Square Foot E13 159 SF $ O- So $ Z• 0 0 $ a . $ C.00 $ o $ 20. 2. .a 6" Concrete Curb Ramp, complete in place, per Square Foot $ 40 0 o REVISED PROPOSAL FORM PAGE 11 OF 18 $ t L8t,'o $ 31tea.,o0 $ 24,1 .3 4.4-0 $ i2ro�..,QC $ 1 4 1, o o $ 3'4 .1!o $ 1 2 00, ca n $ ADDENDUM NO. 2 ATTACHMENT NO, 1. E II BID 4LES QTY & UNIT E14 1,0613 LF E15 E16 E17 El 8 14 SY 339 SF 64 LE 270 SF Iit DESCRIPTION 1 1 V UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) 6" Concrete Curb and Gutter, complete In place, per Linear Foot Pavement Repair (Asphalt), complete in place, par Square Yard Remove and Replace Existing Concrete Driveway, complete In place, per Sauere Foot Remove Existing Concrete Curb and Gutter, per Linear Foot • Remove Existing Concrete Sidewalk, per Souare Foot El 9 E20 1 EA 550 LF Street Sign Assembly Wf9" Blades & Stop Sign, complete In place, per E c Refl. Pvmt. Marking Type 1 (Y) (4 ") (Solid) (Double), complete in place, per Linear Foot • E21 E22 E23 E24. 2 EA 2 EA 923 SY 1 LS Speed Zone Sign, complete In place, per Each No Parking Sign, complete In place, per E=ach. Seeding for Erosion Control, complete In place, per Square Yard Traffic Control , complete In place, per L.umo Sum $. 5"i.Po $ -3 . a d $ 1. Co $ I �o �a Q O $ 20 0 . 0 .0 $ 20o, oci $ $ 3 orJO, O.p $ 4 o s, oo $ o . o $ K G5o.00 $ 14-0A,O9 $ 4-0D so $ i3 8'4.50 $ ?j z, Oa• C>U TOTAL BID PART E (Items El through E24): 1127919.I0 REVISED PROPOSAL FORM PAGE 12OF18 1 I AMENDUM NO, z 1 ATTACHMENT NO. 1 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART F: ADDITIVE ALTERNATE No. 2 - TRANSITION RAMPS. BID ITE FI 379 CY DESCRIPTION Transition Ramps (Recycled Asphalt), complete In place, per Cubic Yard UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES) $ 2.0 t, oo TOTAL BID PART F (Items F4 through FI): i7 72-01, a n REVISED PROPOSAL FORM PAGE 93OF18 ADDENDUM Flo. 2 I I ATTACHMFNT NO. POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART G: ADDITVE ALTERNATIVE No. 3 - IMPROVE AUCTION SITE 11 BID ITEM G1 QTY & UNIT 17,489 SY III DESCRIPTION IV UNIT PRICE IN FIGURES BID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURESI Geogrld (Type 1), complete In place, per Sauare Yard, Q2 17,481 SY. B" Recycled Asphalt, complete In place, per Square Yard $ $ 1, o TOTAL BID PART G (Items GI through G2): ' 1 REVISED PROPOSAL FORM PAGE 14 OF 18 I ADDENDUM NO, s 1 ATTAC{IMENTNO. �. POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART H: ADDITIVE ALTERNATIVE No. 4 - PAVE AUCTION SITE 71 BID ITEM QTY 8; UNIT IT H1 17,481 SY III DESCRIPTION 9" Crushed Limestone Flexible Base (Type A, Grade 1), complete In place, per Square Yard H2 2,572 GAL Prime Coat (0.15 Gal /SY), complete In place, per Galion H3 17,841 SY 2 Course Surface Treatment (TYPE PE Aggregate), complete in piece, per Square Yet IV UNIT PRICE IN FIGURES $ Io.3o V BID ITEM EXTENSION (QTY X UNIT PRICE IN J $ TOTAL BID PART H (Items 111 through H3): '' 13(„, q o REVISED PROPOSAL FORM PAGE 15 OF 18 AODENDIJM . ATTACHMENT NGNO.2 1 1 ADDENDUM NO. 2 1 I AITACi4MENT NO,1 POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND 2008) PART I: ADDITIVE ALTERNATE No. 5 - STORM WATER MAINTENANCE RAMP 111 BID ITEM l'Y & UNI 11 516 SY DESCR PTION UNIT PRICE IN FIGURES V 1 ID ITEM EXTENSION (QTY X UNIT PRICE IN FIGURES Saw Cut and Remove Existing Concrete, complete In place, per Sauare Yard 12 13 808 CY 208 LF 14 369 CY Excavation, complete in place, per Cubio Yard Concrete Barrier Wall, complete In place, per ,Linear Foot Fill Material, complete In place, per Cubic Yard r 15 18 7552 SF 8,229 SF 17 48 EA 8" Concrete Ramp, complete In place, per Square Foot 8" Concrete Rip -Rap, complete In place, per Square Foot Bollards, complete In place, per Each $ T, 0 $2•o $ S,0o $ Mo.00 $C,:7s $ s5 0 $�i28+ oQ $ o $ Lk' 0 4 , 0 0 $ t7 9 5 o0 $ 7 5 2..D, 00 $ ) o $ 2...Sa.U+ 00 TOTAL. BID PART I (Items 11 through 17): ' I1 q3 7 S REVISED PROPOSAL FORM PAGE 18 OF 18 TOTALS: SUBTOTAL BASE BID Total Bid Part A BID SUMMARY DESCRIPTION Total Bid Part B items Eli through B11 TOTALS $ 1551,340`77 $ S6,1 :61.50. Total Bid Part C Items C1 through C29 $ 14O; % I 1 S0 Total BId Part D items Di through D23 TOTAL BASE BID (Parts A, B, C, Dr): TOTAL ADDITIVE ALTERNATE NO.1 (Part E) TOTAL ADDITIVE ALTERNATE NO. 2 (Part F) TOTAL ADDITIVE ALTERNATE NO. 3 (Part G) TOTAL ADDITIVE ALTERNATE NO. 4 (Part H) TOTAL ADDITIVE ALTERNATE NO. 5 (Part I) 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 estimates for the guidance aofr then Contractor. i Ode by the City are in any sense a warranty but are m ti 100 .01‘14 0-) 10 ai 2..1 i 41 2)e t17 1Ob5,9C�3 I i t i 95 REVISED PROPOSAL FORM PAGE 17 OF 18 ADDENDUM NO. 2 I ATTACHMENT NO. 1 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 ail labor and materials. The bid bond attached to this proposal, In the amount of 6% of the highest amount bid, Is to become the property fo 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. MlnorltylMinority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to 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 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 150 calendar days from the date designated by a Work Order. No additional time will be allotted for any Additive Alternate. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the 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. Receipt of the following addenda is aoknowledged 1 (addenda number): (Seal - If Bidder Is a Corporation) NOTE: Do not detach bld from other papers. Fill In wIth Ink and submit complete with attached papers. Respectfully submitted: e-y L4 ot By: Ls -I- . IA's Mot., SIGNATURE) Address: . 0. la ,1-.r (19e3'; (P.O. Box) . (Street) C4MO�5 C\-• r, s4c . 7 )( -7'6,4 loci (City) I (State) (Zip) Telephone: , -1 9 ' 3.1 Z l REVISED PROPOSAL FORM PAGE 18 OF 18 (Ravlded August 2000) 1 ADDENDUM NO.x ATTACHMENT NO.1 P E R F O R M A N C E BOND BOND NO. 929496353 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 ", and coNTINENTAL 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, ONE HUNDRED SEVEN THOUSAND, EIGHT HUNDRED FIFTY -FIVE AND 57/100 ($2,107,855.57) 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 20TH of JULY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: POLICE VEHICLE IMPOUND FACILITY PHASE 1 (BOND 2008) PROJECT NO.5249 (TOTAL BASE BID: $2,107,855.57) 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 29TH day of JULY , 2010 . PRINCIPAL BE CONTRACTING, LP DBA BAY LTD. By: (Print Name & Title) ATTEST Oi l`-- Bizlil c 2 rn E- Adm■n. , ssfa'nf (Print Name & Title) SURETY CONTINENTAL CASUALTY COMPANY Attorney -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, fox delivery of notice and service of process is: Agency: Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 SWANTNER & GORDON INSURANCE AGENCY 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 P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 929496353 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Berry Contracting, LP dba Bay, Ltd. of NUECES County, Texas, hereinafter called "Principal's, 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 ", 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, ONE HUNDRED SEVEN THOUSAND, EIGHT HUNDRED FIFTY --FIVE AND 57/10002,107,855.57) 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 20TH day JULY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: POLICE VEHICLE IMPOUND FACILITY PHASE 1 (BOND 2008) PROJECT NO.5249 (TOTAL BASE BID: $2,107,855.57) 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 29Tx day of JULY , 20 to PRINCIPAL BERRY CONTRACTING, LP DBA BAY LTD. By: -- 3 Mgr n LsiNIC �s .rr.o�'. Mgr. (Print Name & Title) ATTEST io,t0Akje_.7-icia-yvmaP -b el & a . 1 2 l ra rnm e ! ( - / d m . il5Sisfan f (Print Name & Title) SURETY CONTINENTAL CASUALTY COMPANY By: Attorne -fact MARY ELLEN MOORE (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P 0_ BOx R7f1 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 insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies "), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Amy Shumate, Tami J Duncan, Individually of Corpus Christi, TX, their true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 8th day of June, 2010. �var+roe ti+ JULY 11, '\\7:4,4.. 1902 . Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania JacIN yne Belcastro Senior Vice President State of Illinois, County of Cook, ss: On this 8th day of June, 2010, before me personally came Jacquelyne M. Belcastro to me known, who, being by me duly sworn, did depose and say: that she resides in the City of Chicago, State of Illinois; that she is a Senior Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that she knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. MICK SEAL ELIZA FftiCE WPM IUIUC -STAIR OF LLJ O $ 03411188gN DTIO910417pI My Commission Expires September 17, 2013 CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said insurance companies this 29TH day of JULY , 2nln Form F6853- 512009 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. R(bika s+ kis Assistant Secretary State of Texas Claim Notice Endorsement In accordance with Section 2253.021(0 of the Texas Govemment 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 80604 Telephone: (312) 822 -5000 You may also write to CNA Surety at P.O. Box 1088, Houston, Texas 77251 -1088. You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at 1- 800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, or fax 512-475-1171. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute Is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for informnation only and does not become a part or condition of the attached documents. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City CITY OF CORPUS CHRISTI City of� Corpus DISCLOSURE OF INTERE Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms question to must business with dIf the Cuestiion is not a the plicable,following answerwith "NA "E See question must be answer reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: � Le P-Jc 04, Co amigo v,,. CITY: Csilt C -,4; ZIP: •7%4 (3 ti 1. Corporation 4. Association Er2.Partnership ❑ 3.Sole Owner 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. 5nan names "employee" Corpus Christi having "o ership ine est" constituting 3% or ore of the wne shiipin theab ve naed Name N �A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name A , Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS Proposal Form Disclosure of Interests Page 1 of 2 if a erson who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof you shall disclose that fact in a signed writing to the City official, i employee or body that has been requested to act in the matter, unless the interest of the - City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d }] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: o v, Signature of Certifying Person: Title: S� , ,•r. , , 'if' DEFINITIONS Date: C._3o- c' a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not .limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Disclosure of Interests Page 2 of 2 R CERTIFICATE OF LIABILITY INSURANCE -MUM Swecitner i Gordon Ins Agcy -CC PO Sox 870 Corpus Christi TX 78403 -0870' Phones : 361 -883 -1711 rax: 361 -844 -0101 INSURED Berry Contracting, LP / dba Bay., x�Ltd gg Corpus hristi TX 78469 -4858 OP ID BRNX BERGPC1 okra IMMlbo1YYYY) 07/29/10 18 RTI CATE IS ISSU D S A MA OF IN ORMA • N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Ace anesican Insurance cowpony NAIC Ilk 22667 INSURERS: Ace !report, a Casualty ins Co INSURER C: IlllnsL. Vnion insurance co. 20699 27960 iNSIRERD: Indemnity Ins Co of NA INSURER E: ( #21) 43575 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW WAVE BEEN ISSUED TOTE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 011 ER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE A B GOAL LIABILITY s/ X COMMERCIAL GENERAL LIABILITY CLAIMS MADE © OCCUR X X, C, U Included X Contractual Intl Gm. AGGREGATE LIMIT APPLIES PER POLICY III Pjggy. n LOC AUTOMOBILE LIABILITY / AU X ANY TO ALL OWNED AUTOS SCIEOULED AUTOS X HIREDAUTOS X NO ormeD AUTOS GARAGE LIABILITY 4A1NY AUTO EXCESS l UMBRELLA LIABILITY 1/ OCCUR El CLAIMS MADE _ DEDUCTIBLE X RETENTION $50,000 AND EMPLOYER, LIABILITY Y 1 N D ANY FICER/W IERREXCLULLAE ? CLrTIVE ❑ (Mend/Amy In tat) It yes, describe order SPECIAL PROVISIONS below C OTHER Pollution POLICY NUMBER 1W0G2494038A ISAH08588508 X00025907735 OA IMwDDPA Y) D TE (MMIDDIMYYY) 05/20/10 05/20/11 05/20/10 05/20/10 05/20/11 LIMITS EACH OCCURRENCE usase.DEuu rtNItU PREMISES IEe occu-ence) x 1,000,000 $ 100,000 05/20/11 MED EXP (Any orle Person) s 10,000 PERSONAL IS ADV INJURY x1,000,000 GENERAL AGGREGATE 5,000,000 PRODUCTS - COMP /OP AGG x5,000,000 COMBINED SINGLE LIMIT Me accident) x1,000,000 BODILY INJURY (Per person} $ ewer INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ x OTHER THAN AUTO ONLY: EACH OCCURRENCE EA ACC AGG $ x5,000,000 AGGREGATE $5,000,000 $ $ WLRC46132415 05/20/10 05/20/11 X TORY LIMITS 1 I ER $ E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE: E.L. DISEASE • POLICY LIMIT $1,000,000 $1,000,000 $1,000,000 CPYG24645332003 05/20/10 05/20/11 'DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES T EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS See attached notepad for additional coverage information. ZachClaim $1,000,000 Project Number: 5249 - Policy Vehicle impound racility, Phase 1 (Bond 2000)+ CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Department of Engineering Svcs Attn: Contract Administrator PO Box 9277 Corpus Christi TX 78469 -9277 ACORD 25 (2009101) CICC -05 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE/THE EXPIRAT1oN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 s/ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IMO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A1?11R •eNTAT1YE 919884009 A ORD ORATION. All tights reserved V The ACORD name and logo are registered marks of ACORD 111'IIIIIIIIU ; Additional Insured as required by written contract in favor of the Certificate Holder applicable to General Liability, Auto Liability G 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 i Umbrella policies. Workers Compensation includes US Longshore i 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. II IMIN1l 1IV11111111VIIIIIV 11111'11 III . POLICY NUMBER: HD0G2494038A COMMERCIAL GENERAL LIABILITY CO 2010 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: ,/ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Co 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 11 - 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 ongoi ng operations performed for that Insured. B. 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. CO 20 10 10 01 D ISO Properties, Inc., 2000 Authorized Representative: R.M. Lee, Managing Partner Swantner & Gordon Policy Date: 05/20/10-11 POLICY NUMBER: H OG2494038A COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR %/ CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: N 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: Additional Premium: (If no entry appears above, Information required to +complete this endorsement will be shown in the Declarations as applicable io this endorsement) Section II — Who le An Insured le amended to Include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out at 'your work' at the location designated and described In the schedule of this en- dorsement performed for that Insured and Included In the 'products - completed operations hazard: Authorized Representative: R.M. Lee, Managing Partner Swantner & Gordon Policy Date: 05/20/10 -11 CG 20 3710 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSONS ON ORGANIZATIONS Naned'figured En, • : =merit Number Berry GP, roc. Policy Symbol • olicy Number Policy Period dive Date of Endorsemerd ISA H08588508 05/20/10 - 05/20/11 05 /20 /10 Issued Sy (Name of Insurance Company) . ACE kaeszoan Insurance Company MI MI the 010Yunbolt Me Burs indor Ord kalif:Niko ii W to tverAand priPy When this wiskisamsol is lessee Famines Is Meostoorston orine peeoy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thk endorsement modifies Insurence provided under this following: AUTOPOLICYn TRUCKERS'POUCT- GARAGE POUCY J City of Corpus Christi Additional Insured (s)- 11elnirhnent of F.neineering Services - 4latat f nntract Administrator PO Box 9277 A For a covered 'auto,' Who is Insured Is changed to include as an "insured," the persons or organizations named in this endDraement, However, these persons or organizations are an 'insured' only for "bodily injury" a "properly damage' resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating e covered 'auto" Mt, penmlesion from You, any of your employees or agents. D. The persona er organizations named in this endorsement are not liable for payment of your premium. O./ R.M. Lee, Managing Pa Swantner & Gordon Authorized Agent OA-9U74 (12/94) PM. in U.S.A. er POLICY NUMBER: HDOG2494038A ✓ COMMCRCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. mL,EA3n READ IT CAREFULLY. TEXAS CHANGES -- AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: J COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS ANL) CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROINJC IS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD) PROTECTIVE LIABILITY COVERAGE PART In the evens el 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 l0: SCHEDULE Authorized Representative: C2 Policy Date: 05/20/10 -11 J R.M.Lee, Managing Partner Swantner & Gordon CG 02 05 12 04 0 ISO Properties, inc., 2003 Page 1 of 1 LI Narnor City of Corpus Christi ✓ Department of Engineering Services Attn: Contract Administrator Address: PO Box 9277 Corpus Christi, TX 78469.9277 II Information Number of da s advance notice: I re, uired to complete this Schedule, If not shown above, will be shown in the Declarations. Authorized Representative: C2 Policy Date: 05/20/10 -11 J R.M.Lee, Managing Partner Swantner & Gordon CG 02 05 12 04 0 ISO Properties, inc., 2003 Page 1 of 1 LI POLICY NUM9F.R: ISAH08588508 ✓ COMMERCIAL AUTO CA 02 44 00 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARL: EUU.Y. /TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGG FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FOf zM TRUCKERS COVERAGE FORM With respect to coverece provided by this endorsement, the provisions or the Coverage Form apply unless modi- fied by the endorsement. Tills endorsement changes the policy effective on the inception dale of the policy unless another date is indicated below. Endorsement Effective: 05/20/10 Countersigned By: V _ (Authorized Representative) Named Insured: B„ e, r Cnptrdctina, LP dtta flay, f ide SCIIEDULE Number of Days' Notice Name 01 Person Or OrganiEstion Address 30 v City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 if this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or mange to the person or organization named h the Schedule. VVe will give the number of days notice indicated In the Schedule. CA 02 444 06 04 © 180 Properties. Inc., 2003 Pagel 01 ra TEXAS WORKERS' COMPENSATION AND EMPLOYERS! LIABILM MANUAL ENDORSEMENTS & EORNES WC 42 08 01 TEXAS NOTICE OF IAATEERIALCFIANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy boaause Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named In the Schedule. The number of days advance notice is shown in iha Schedule. This endorsement Strait not Operate directly or indirectly to benefit anyone not named In the Schedule. 1. Number of days advance notice: 30 ✓ Schedule 2. Notice will be mailed to: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator Pd Box 9277 Corpus Christi, TX 78469 -9277 Authorized Representative: la R.M. Lee, Managing Partner Swantner & Gordon Berry Contracting, LP dba Bay, Ltd. Company: Indemnity Insurance Company of N.A. Policy Number: WLRC46132415 Policy Date: 05/20/10-11