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HomeMy WebLinkAboutC2010-470 - 8/17/2010 - Approved2010-470 M2010-188 08/17/10 Bay 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 B O N D S F 0 R AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STRFsETS ~~ engin~~rs ~ arcFtiitects ~ contractors TBPE FIRM NO. F-366 Sal Navigation, Suite 300 Carpus Christi, Texas Phone: 361-883-1984 Fax: 361-883-1.985 FOR Cl~ U~ ~~ Gorpus -~- ~ Christ ..r`r+.~ DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPi35 CHRISTI, TEXAS Phone: 361/826-3540 ~'ax: 361/826-3541 9 PROJECT NO: 6259 DRAWING NO: STR 766 i ~. ~ z~•ro (Revised 7/5/00} AREA STREET & DRAINAGE IMPROVEL~NTS PHASE 2B HELEN AND THERESA STREETS PROJECT NO. fi259 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) -' NOTICE T.O CONTRACTORS - A (Revised March 2009} Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A--5 Items tp 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 RRevised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00} A-12 Maintenance of Services ~- A-13 Area Aecess arad Traffic Control A-14 Construction Equipment Spillage and Tracking ~- A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A-17 Field Office 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Business Enterprise Participation Policy {Revised 10/98} A-23 Inspection Requited (Revised 7/5/00) A-24 Surety Bands NO LONGER APPLICABLE (6/11/98} A-25 Supplemental Insurance Requirements - ~1~'Z-7-Re~~raibili-t~-€$~' ~..~.,... IPFOT USEb) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements ;_ A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements ,~ A-33 Conditions of Work . A-34 Precedence of Contract Documents . .- A-~5 Et~~~~e~ .. (230T USED) A-36 Other Submittals (Revised 9/18/00} " (D70T USED) r- A-38 Worker'sr,Compensation Goverage far Building or Construction Projects .for Government Entities ,. , A-~9-Cer~~€rea-fie ..F ~,..,..-_-~.._ n,~ ,.;-_, -ncc_-~....~~ (NOT USED) ~-t+ ~. c+. a........ Table a£ Contents -~ Page 1 of 4 . (NOT USED} A-41 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification&.Hold Harmless (9198) A-44 Change Ordexs (9/26/99) A-45 As-Built.Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00} A-47 Pre-Construction Exploratory Excavations (7 /5/OOJ A-48 Overhead Electxical Gr~ires (7/5/00} A-49 Amend "Maintenance Guaranty" (8129/00) A-50 Amended Prosecution and Progress A-51 Computer Generated Proposals A-52 Confined Space Entry Requirements A-53 Dust Control ATTACHMENTS 1 - Project Sign 2 - Electronic Bid PART B W GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS Section 02102D Site Clearing & Stripping {5-5) Section 022022 Trench Safety for Excavations Section 022040 Street Excavation (5-10) Section 02208D Em}aankment(5-13) Section 022100 Select Material {5-15} Section 022420 Silt Fence (5-97) Section 025205 Removing and iteplacing Pavement {5-54} Section 025404 Asphalts, Oils & Emulsions {5-29} Section 025412 Prime Coat {5-30} Section 025418 Surface Treatment {5-32) Section 025608 znlets (5-63} Section 025610 Concrete Cur3~ & Gutter {5-52} Sectian 025612 Goncrete Sidewalks and driveways (5-53) Section 025802 Temporary Traffic Controls During Construction Section 026202 Hydrostatic Testing of Pressure Systems {5-89) Section 026206 .Ductile Iron Pipe & Fittings (5-81) Section 026210 PVC Pipe - AWWA C900 & C905 (5-83) Section 026214 Gxauting Abandoned Utility Lines (S-3} Section 026402 Water Pipe (S88} Sectian 026404 Water Service Sines (5-$7) Section 026411 Gate Va~.ves for Waterlines (S-$5} Section 026416 Fire Hydrants (S--86} Section D27202 Manholes (5-62) Section 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures Section 0274D2 Reinforced Concrete Pipe Culverts {S--60) Section 027404 Concrete Box Culverts (5-66) Section 027606 Sanitary Service Lines Section D27610 Televised Inspection of Conduits {5-125) Section 030D20 Portland Cement Concrete {5-4 D) Section 03202D Reinforcing Steel. {5-42) Section 037040 Epoxy Compounds (5-94) Section 038000 Goncrete Structures (5-41) Section 05542D Fxarnes, Grates, Rings, & Covers (S-57} PART T - TECHNICAL SPECIFICATIONS Section 000162 Sodding for Erosion Control Section 000166 Fertilizer Table o£ Contents Fage 2 of 4 Section 000168 Section 400302 Section 000500 Section DO1000 Section 041200 . Section 002000 Section 002100 Section 002200 Section 002300 ~~ Section 005000 Section 022020 Section 025612 Section 027205 -, Section 028300 t7egetative Watera.ng Aggregates for Surface Treatments Mobilization Pipe Bursting / Crushing Sanitary Sewers Removing Abandoned Structures Geogrid Reinforcement Flexible Base Hot Mix Asphaltic Concrete Pavement Concrete Curb Ramps Disinfection of Domestic Water Lines Excavation & Backfill for Utilities & Sewers Concrete Sidewalks & Driveways Glass-Fiber Reinforced Polyester {FRP} Manholes Relocation of Fences PART W - DRAWINGS 1. Cover Sheet 2_ Project Location. Map 3 General Notes & Testing Schedule {Sht 1 of 2) - 4. General Notes & Testing Schedule {Sht 2 of 2} 5. Existing/Proposed Typical. Sections 6_ Legend & Estimated Quantities 7. Control Layout & Benchmark Information 8. Removal Summary 9. Helen Street Plan & Profile (Water & Wastewater) Sta. 0+00 To Sta. 5+00 10. Helen Street Plan & Profile (Water ~ Wastewater] _ Sta. 5+00 To Sta. 10+00 11. Helen Street Plan & Profile {Water & Wastewater) Sta. 10+00 To Sta. 13+50 12. Helen Street Waterline Tie-In Details 13. Helen Street Plan & Profile (Street & Storm Water} ^~ Sta. 0+69 To Sta. 5+20 19. Helen Street Plan & Profile (Street & Storm Water)- Sta_ 5+20 to Sta. 10+00 15. Helen Street Plan & Profile {Street & Storm Water] Sta. 10+00 To Sta. I3+53 16. Theresa Street Plan & Profile (Street & Storm Water) Sta. 0+29 To Sta. 3+01 J.7. Storm Water Laterals _ 18. City Base Maps-Exist Waterlines 19. City Base Maps-Exist Wastewater Lines 20. City Base Maps-Exist Storm Water Lines 21_ City Base Maps-Exist Gas Lines 22. Sequence of Construction & Traffic Control Plan 23. Barricade & Construction General Notes & Requirements BC{1)-03 (1 of 12} 24. Barricade & Construction Project Limit Standard BC{2}-03 (2. of 12} 25. Barricade & Construction Work Zone Speed Limit Standard BC (3)-03{3 of 12} ~" 26. Barricade & Construction Teznpaxary Sign Notes Standard 'BC(4)-03{4 of 12} 27. Barricade & Construction Typical Sign Support Standard BC{5}-03 {5 of 12} 28. Barricade & Construction Arrow & Message Sign, Reflectors & Warning Light Standards BC{6)-03 {6 of 12) 29_ Barricade & Construction Plastic Drum Standard BC (7)-03 {7 of 12} 30. Barricade & Construction Channelizing Devices Standard BC{8)-03 (8 of 12) ~~ 31. Barricade & Construction Type III Barricades & Cones Standard BC{9)--03 (9 of 12] ~`-' 32. Barricade & Construction Pavement Markings Standard BC{10)-03.(10 of 12) 33_ Barricade & Construction Pavement Marking Patterns Standard BC(11) -03 (11 . of 12) 34. Barricade & Construction Regulatory & Guide Signs Standard BC{12}-03 (12 of 12) 35_ Traffic Control. Plan Mobile Operations & Raised Pavement Marker Installation 1 of 2 Table of Contents Page 3 of 4 '7 1ru1 36. Traffic Control Plan Mobile Operations & Raised Pavement Marker Installation 2 of 2 37. Traffic Control Plan Lane Closure far One Lane Two Way Traffic 38. Traffic Control Plan Temporary Roa d Closure 39. Traffic Control Plan Mobile Operat ions an TwowLane Roadway 40. Traffic Control Plan Lane Closure on Minor Street 41. Miscellaneous Details {Sht 1 of 2) 42. Miscellaneous Details (Sht 2 of 2} 43. Curb, Gutter & Sidewalk Details 44. Residential Driveway Details (Sht 1 of 2} 45. Residential Driveway Details (Sht 2 of 2} 46. Pedestrian Curb Ramps 47. Pedestrian General Notes and Detec table Warnings 48. Pedestrian Sidewalks 49. Pedestrian Intersection Details 50. Standard Water Details{1 of 5) 51. Standard Water Details(2 of 5} 52. Standard Water Details{3 of 5} 53. Standard Water Details{4 of 5} 54. Standard~Water Details(5 of 5) 55. Standard 'Gastewater Details (1 of 5) 56. Standard Wastewater Details (2 of 5} 57. Standard Wastewater Details {3 of 5) 58. Standard Wastewater Details {4 of 5} 59. Standard Wastewater Details (5 of 5} 60. Standard Storm Water Details (1 of 2) 61. Standard Storm Water Details(2 of 2) 62. Manhole Type M (~7ur~ction .Box with Access) 15' Max MH-M 63. Sign Details SMD {TWT} - 08 64. Helen. Street Pollution Prevention Plan Sta. 0+00 to Sta. 10+00 65. Helen Street Pollution-Prevention Plan Sta. 10+00 to Sta. 14+00 66. Theresa Street Pollution Prevention Plan Sta. 0+29 to Sta. 3+01 67. Sediment & Storm Water Pollution Control Measures APPENDIX A -- Geotechnical Investigation B - Storm Water Pollution Prevention Plan NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND ~~ Table of Contents Page 9 of 4 NOTICE TO BIDDERS NOTICE TO BTDDSRS Sealed proposals, addressed to the City of Corpus Christi, Texas for: AREA STREET & DRAINAGE II~ROV~,3TS YHASS 2B - HSLBN AND THE1tESA STREETS; PROJ'$CT 130. 6259 consists of the construction of street pavement, 1,250 linear feet of 5'x5' concrete box culvert, curb, gutter, sidewalks, ADA requirements, dx'iveways and utility improvements Grater and wastewater) in accordance with the plans, specifications, and contract documents; Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesda. , aY~l 7, 2010, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for l0:bp a.m., on p7ed~esday, June 30, 2010 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. _ A bid bond in the amount of 5a of the Ytighest 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 perfozrnance and payment bonds for contracts aver $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 Fift and rio/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 bads, 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 CORPiTS CF3RISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS ~ A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2p09 A Certificate of Insurance indicating .proof of coverage in the following aanounts is required: TYPE OF INSURANCE MIAtIMUM INSURANCE COVERAGE 30-Day Notice o£ Cancellation z'equired on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINEI] SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. ExplosS.on and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage $. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,DDD,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS` LIABILITY $500,D00 EXCESS LIABILITY $l,OD0,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL, IMPAIRMENT COVERAGE Nat Limited to sudden & accidental ~ REQUIRED discharge; to include long-term environmental impact €or the disposal of X NOT REQUIRED contaminants BUILDERS' RISK See Section B-S-11 and Supplemental Insurance Requirements ^ REQUIRED X NOT REQUIRED INSTALLATION k'LOATER 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 „ witY~ thirty (30} days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other ~j endorsements to insurance policies or coverages which are specified in section 5--6-11 or Special Provisions section of the contract. , A completed "Disclosure of Interest" must be submitted with your proposal. .._..~ Should you ha~cre any questions regarding insurance requirements, please contact the Contract Administrator at 826-35Q0. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 1 i .-..; Texas Administrative Code TITLE 28 INSURANCE "~' PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' CDMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §11'0.116 Reporting Requirements far Building or Construction `" Projects for Governmental Entities, , (a) The following words and terms, when used in this rate, 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 comnnission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-$3, or TWCC-$4), showing statutory workers' ~ compertsatian insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, far the duration of the project. {2) Building orconstruction--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 A 11(44). (S) 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 employerJemployee 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 frann the beginning of work on the project until °-' the work on the project has begin completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 ofthe Act)--With the ._., exception of persons excluded under subsections (h) and (i} of this section, includes all persons ar entities perfarming.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 compaaies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform. services an 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 ail employees ofthe 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 f led with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or naaintain 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 an a project shall: {1}include in the bid specifications, all the provisions of paragraph ('~ ofthis subsection, using the language required by paragraph {7) ofthis subsection; {2) as part of the contract, using the language required by paragraph (7) ofthis subsection, require the contractor to perform as required in subsection (d} ofthis 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 certifcate 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; (G} provide a copy of the certificates of coverage to the canamission upon request and to any person entitled to them bylaw; 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: ---~ (1) provide coverage far 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 an 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 ofthe project; (4) obtain. from each personproviding 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 ar should have lrnown, 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 requirenaer-ts imposed by the Act or other commission rules. This notice must be printed with a title in at least 34 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 `~ (S} 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 ofany 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 ofthe coverage period, a r~ew certifcate 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, a~zd 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 certif cafe of coverage showing extension ofthe coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certifcates 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 (I~ contractually require each other person with whom it contracts, to perform as required by subparagraphs {A)-(f~ 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, far 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 aself-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 Shawn on its current certifcate 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 ali 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 loxown of the change; and ($) contractually require each other pars©n 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 ofthe coverage period, 3f 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 govenvnental 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 Berson 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) ofthis paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (#} Yf any provision ofthis 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 ofthis 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 rate is also applicable for tliose 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 6b75c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article b67Sc, §4(~). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the regtiiirements of the Act, §406A97(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, 1995. Source Note: The provisions ofthis §110.110 adopted to be efJ'ective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 ~. Page 7 of 11 ._ '~ T2SS 110.114(d)(7} "REQUIRED WORKERS' COMPENSATIDNCOVERAGE" "The late 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 reformation 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 $ of 11 T28S1 I O.I I0(c)('7) Article .Workers' Compensation Insurance Coverage. A. Defrnitians_ Certificate of coverage ("cert f cote')- A copy of a certifrcate of insurance, a certifrcate 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 X406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform an 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 arty entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, ar delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include ac#ivities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The contractor shall provide coverage, based on proper reporting of class cation codes and payroll amounts and filing of arty 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 an 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 certifrcate 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 an the project, sa the governmental entity will have on file cert~cates~of coverage showing coverage for all persons providing services on the project; and (2J 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 certifrcate of coverage ends during the duration of the project. Page 9 of I I i ,~ F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing 8y certified mail or personal deliver}; within 10 days after the contractor knew or should have known, of arty change that materially affects the provision of coverage of arty person providing services an the project. ~-% H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of classification codes and payroll amounts and fading 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 of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project,• •---~ (5) retain all required certificates of coverage on f le for the duration of the project and for one year thereafter; (6) notes 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 .l: 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 u 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 aself-insured, with the commission`s Division of Self- ,~. Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, ar 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 11 PART A ~ SPECIAL PROVISIONS """' AREA STR$FT & D~tAINAGS IMPROVEMLNTS PHASE 2B HF~LSN AND THERESA STR88TS -' PROJECT NO. 6259 r-- 3SCTION A - SPECIAL PROVISIONS A-1 Time and Place o£ Receivin Pro Deals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids far the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, -- 1201 Leopard Street, until 2:00 .m., Wedaesda Jul 7, 203.0. Proposals mailed should be addressed in the following manner: City Secretary's Office - City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - AREA STREET & DRATNAGB ZMPROVSMSNTS LL PHASE 2H HELEN AND THERESA STREETS PROJECT NO. 6259 Aa r Deals not h Bicall in ossession of the Cit Seareta 's Office at the time and date of bid enin wall be deemed late and non-res ansive. Late r Deals will be returned uao erred to the ro oser. The ro oser is solel res oasible for delive to the Cit Seareta 's Office. Delive of any roposal, by the proposer, their agent/representative. LJ.S. Mail, ox- ,._ other delive aeX'vice, to an Cit address or office other than the Cit Secretary's Office will be deemed aoa-responsive if not in possession of the " Git Seareta 's Office rior to the date and time of bid o coin . -- A pre-bid meeting will be held oa Wednesday, June 30, 2010, beginning at 10:04 a.m. The meeting will convene at the Engineering Services Mars Conferexsce Room, Third Floor, City Hall, 1201. Leopard Street, Corpus Christi, TX. cad will include a discussion of the project eiexneats. If requested, a sate visit will follow. 1~To additional or se crate visitations will be conducted b the Cit . A-2 Definitions and Abbreviations Section B-1 of the General Provisions will goverzs_ A-3 DesCri tion of Pro'ect AREA STREET & DRAINAGE IMPROVSMSN'rS PHASE 2B - HEZSN AND THSR$SA STREETS; PROJECT NO. 6259 consists of the coastruetion of street pavement, 1,250 r--. linear feet of 5'x5' concrete box culvert, Curb, gutter, sidewalks, ADA requirements, driveways and utility improvements {water and wastewater) in accordance with the plans, specifications, and contract documents; A-4 Method of Award The bids will be evaluated based on the Total Base Sid, subject to the availability of funding. " The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opiniorx, is most '~" advantageous to the City and in the best interest of the public. ~-., Sectioxi A - SP {Revised 12/15/04) Papa 1 of 25 A-5 Items to be Submitted with Fro osal The following items are required to be submitted with the proposal: 1. 5$ Sid. Bond (Must reference AREA STR}3ET & bRAINAGE IMPROVEMENTS- PHASE 2B HELEN AND THERESA STREFsTS, PROJECT NO. 6259; as identified is the Proposal) •--~ (A Gasha.er's Cheak, certified check, money order or bank draft from any State or National Bank will also be acceptable.) .4~ 2. Disclosure of Interests Statement ~~ A-6 Time of Gompletioa/Liquidated Damages y, ~u~~~~-~~~ I~ The .working time for completion of the Project will be 240 calendar da s. 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 ar after such time period as extended pursuant to other provisions of this Contract, $800.00 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. 'Ihe Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Cam ensation Ip.surauce Gov'era e If the Contractor's workers' compensation insurance coverage for its employees working an 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, far 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 an 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. .~~ ~.. SectioYt A - SP , (Revised 12/15/04) Page 2 of 25 A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt_ Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-34 Wage hates {Revised 7/5/00) 'Labor preference and wage rates for Heavy Conatructioxs & ~eav Highway CoaHtructioa. Ixi case of conflict, Contractor shall use higher wage rate. Minimtnn ceiling Wage Scat-es .- '~7e COYpLLS Christi City Ccnulcl.l_ haS determined the genexa3. prevailing tn;r,im~;m hourly wage rates for Nueces Ccnuaty, Texas as set out in Pare C. `The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them zn the executiara• of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.001 per calendar day, or portion thereof, for each laborer, unrkman, or mechar~i.c 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 showisag the n~~G and classifications of all laborers, workmen, and mechanics ^- employed by them ire corriection with the Project and sh~sxJ the actual wages paid to each wnr]o:s. The Contractor will make bi-weekly certified payroll sukxnittals to the City Ehg~r. The Contractor will also obtain copies of such certified payrolls frrxn all subcontractors and others working ari the Project. These docuvnents will also he su3~mitted to the City Engineer bi-weekly- (see section for Mirx~rity/Mismrity Business EtFterprise Participation A~1icy for additional requir~nents 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 Y3otirs in arty one week and for all hours worked on Sundays or holidays. (See ,_., Secticm 8-1-1, Definition of Terms, and Section 8-7-&, Workixag Hours.} . A-11 tics with Ptxb].ip es {Revised 7/5/00) - ~ Contractor shall cooperate with all public aril private agencies with facilities opez-ating within the limits of the Project. Tl7e Contractor shall provide a forty-eight {48) hour notice to arty applicable agency wherA work is anticipated to proceed in the vicinity of any facility by using AIG TR4S 1-800-344-8377, the Lcne Star Notification Company at 1-800-669- 8344, a~ the verizon Dig. Alert at 1-800-483-6279. For the Contractor's cornrenience, the following telephone number's are listed. City Engineer 826-3500 project ~inr~r 73+7V EEJG]I+7EER~~ Ban S. Leyendecker, P.E. 883-3984 883-1986 (fax) Traffic inaPring 826-3540 Police Departmetlt 886-2600 _ Water Department 826-1881 {826-3140 otter hour's) Wastewater r ~,~rrn,Pnt 82b--1800 (826-37.40 after hours) Sact~ou A - SP (Revised 12/15J04) - Page 3 of 25 Gas Department 885-6900 (885-6900 after hours) Storm Water r~epa~nt 826-1875 {826-3140 after hours) Parks & Recr'eatiorn Department 826-3461 ~--~ ,Streets & Solid Waste Services 826-1940 (826-1970 after hours} A E P 299-4633 {693-9444 after hours) AT&T/S B C 861-2511 (1-800-824-4424,after hours} City Street Div. far Traffic 'J Signal/Fiber Optic Locate 826-3547 Cablevision 857-5000 (657-5060 after hours) ACSI (Fiber Optic) 887-920p (Eager 800-724-3624) ' RMC (Fiber Optic) 813-1124 (Pager 888-202-].679} ~" ChoiceCan (Fiber' Optic) 881-5767 (Pager 850-2981) CAPROClC (F•lber'Optie) 512/935-p9S6 (Mobile) Brooks F~'iYpr Optic (P7ADI) 972-753-4355 A-12 Maintenaaace of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Arawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and complet_e_ness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such. repairs must conform to the requirements of the company or agency that owns the utilities. Where existing- sewers are encountered and are interfered with {i.e. broken, cut, etc.), flow must be maintained. .Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a .satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Bngineer at no increase ors 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 sate condition and to provide a minimum of inconvenience to motorists and the public. Wj The Contractor will be required to schedule his operations so as to cause , minimum adverse impact on the accessibility of the plant operations and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's 'Uniform Barricading Standards and Practices as adopted by the City. Copies of this ~' Section A - SP {Revised 12/15/097 Page 4 of 25 ~' 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 casts fox traffic control shall be paid far by the appropriate bid item in the Proposal. A-14 CoastruCtioa Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. '- Streets and curb line must be cleaned at the end of the wor3c 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 sewer is allowed to remain on the Project site or adjoining streets. A-Z5 Excavatioa ax~.d Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. 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 bid item for "Street Excavation"; therefore, no direct payment wi11 be made to Contractor. A-16 Disposal/Salvage of 1aterials 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 Fxauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-i7 Field Office (NOT IISTD) ' Section A - SP [Revised 12/15/04} Page 5 of 25 A.-18 Schedule aild Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on rAr•stmAtt days. 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 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. 4. Re-Submission: Revise and resubmit as required by the City Engineer. S. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage--against initial Schedule. The detailed updated construction progress schedule shall be submitted with the monthly pay request. 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, $800.00 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 $ngineering Services (City Ex~.gineer) may withhold and deduct from monies otherwise due to the Contractor the amount of liquidated damages due to the City from the maathly pay estimate. Days Allocation for Rain The contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for each part of the contract. A rain day is defined as any day in which the amount of rain measured by the ~Tationai Weather Service.at the nearest location 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 May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August ~ nays December 3 Days Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project . `~' Section A - 58 1 (Raul-sad 12/15J04} i Page 6 of 25 Certificate o£ Completion The requirements to issue the Contractor a Certificate of Gompletion are the fol].awing (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to su3~mit to City with all corrections/notes-Engineering Services to coordinate As-Built plan preparation with A/E Consultant). - (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3} Inspector/Engineer verifies that all submittals, payrolls, Inspection Reports, As-Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete_ {4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. °"' (5) Final estimate reviewed by City Construction Engineer. (6} City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7} Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c} Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d} If CDBG project, all federal forms completed. and ._ submitted (B} Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (lo} Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11} Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment {Ak'8} prepared and submitted to Accounting Department (13} Contractor receives final payment after City Council {if required or Asst. City Manager accepts project. {14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acce tance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A-19 Construction Project La out sad Control The drawings may depict but not necessary include- lines, slopes, grades, '""' sections, measurements, bench marks, baselines, -etc. that are normally ', required to construct a project of this nature. Major controls and two (2} bench marks required for project layout, will be provided by the City or Consultant Project $ngineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. ,,-. Section A - SP (Revised 12/15/04) . Pages 7 of 25 If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 how's 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 bench marks 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 wont, the Contractor shall obtain approval of the-City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall. tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the 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 or in-house independent Registered Professional Land Surveyor (R.P.L.S.) licensed ixl the state of 'Texas retained and paid by the Contractor. The Third Party or in-house R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party or in-house Surveyor 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. Wastewater: • AlI rim/invert elevations at manholes; • All intersecting lines in manholes; ...- • Casing elevations (top of pipe and flow line) (TXI7oT and RR permits};. • A11 crossings / conflicts with other utilities. Water • ""' • All top of valves box; • valves vaults rim; • Casing elevations .(top of pipe and flow line} (TXDOT and RR permits). ~. C i-n rmtua 1- P r • All rim/invert elevations at manholes; • All intersecting lines in manholes; "" • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). A-2Q Testing and Certificatiois 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 aver 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. Section A - SP , [Revised 12/15/04) Page a of 25 ~: The Contractor must provide all applicable certifications to the City Engineer. A~2]. Project Signs The Contractor must furnish and install 1 Project signs as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor.. The location of the signs will be determined in tine field by the City Engineer, A-22 Minority/Minority Business Bnte rise Participation Polic~- {Revised ifl/9s) 1. PO].icy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women ancT Minority Business Bnterprises to participate in the performance of contracts awarded by .the City of Corpus Christi in support, of Eciual Employment Opportunity goofs and ob]'ectives 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 far 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. Minorit Business Ente rise: A business enterprise that is owned and controlled by one or mare minority person(s). Minority persons include Blacks, Mexican~Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sale 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 mare ~~ minority persons}. (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). Section A - SP (Revised 12/15/U4) - Page 9 of 25 2. Controlled The primary power, direct ar indirect, to manage a business ._ enterprise rests with a minority persons}. 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. 3. 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 oar 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 ..,..i 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. Far 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. Goals a. The goals for participation by minorities-and Minority Business Enterprises expressed in percentage terms far the Contractor's aggregate work force on all-construction work for the .Contract award are as follows: Mixioarity Participation Minority Business Enterprise (Percent) Participation {Percent) 45 ~ 15 ~ 4 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_ 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. Section A - SP (Revised 12/15/04) Page 10 of 25 ^~--' r^. ' b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percexzt 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 foz failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Inspectiosl ~.2equired (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required. and to assure a final inspection. . Section B-6-2 of the. General Provisions is hereby _ amended in that the Contractor .must pay aZl fees and charges levied by the City's Building Tnspectian Degartment, and all other City fees, including water/wastewater meter fees and tap fees as rec,~uired by City. A-24 Surety Snnds 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 {IO%) 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°s} 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 Tnsurance 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 Ex t1CII (iQOT IISFD) Section A - SP (Rev3aed 12/15/0.g} Page 11. of 25 z:. vz~c '~Ft~••~3e-~ie~es~E33i~rs&le5 ~a3E-}3e~~~~9- ~'6t~~ ~tc'~te ~_-___r_------' ~~en~~€~rn tyre app-~'aFri~t-e spaee en the "6ta~e~ten~ef i~ia'terial~-~~ u~p~'~.... w . 3. $~'evk~e tcsccsc ccrziric.cctc~ to .T ~ • ~.,..'" p~~epasal ~' ~_ vF ...~`_c__~'__. ~t~-"t}~-€~r-X11-E~le~, E~~-e}se, a~,.T~xes-~~lieabke }c ~~.=T n~,.~ --~ A-25 Su lemeatal Insurance R.e irementa ~'or each insurance coverage provided in accordance with Section 8-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: Tn 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 chan a to: 1. Name: City of Carpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30} calendar days affier the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty {34) 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 alI employees of the Contractor employed on the Project described in the Contract_ F'or each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured an Worker's Compensation coverage. section A - 3P lReviaed 12/15/04) Page 12 0£ 25 For contractual liability insurance coverage obtained in accordance with Section 8-6-11 {a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, - demands, liabilities, losses anal expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may' be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any '- person indemnified hereunder. A-27 Res onsibilit for Dania a Claims NOT IISSD A-28 Coasiderations for Contract Award and.sxecution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay far 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 laasis for the lien claim, and the date of the release of the lien. If any such lien has not been zeleased, the bidder shall state why the claim has n.ot 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-24 Contractors Field Administration Staff ^°°'~ 'rhe 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. Section A - SP (Revised 1Z/15/U4) Page 13 of 25 The criteria upon which the City Engineer makes this detexi[tination may include the following: 1. 'The Superintendent must Iaave 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, lout not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures_ The superintendent shall be pxesent, oai the job site, at all times that work is being performed. 2. Foremen; if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent.. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming respansi.bilities on the Project. Such written approval of field administration staff is a prerequisite t4 the City tiu., Sagineer'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 astnul the Contract pursuant to section B-7-13. J A-3D Amended "Consideration of Contract"_Requirexc-erxt8 Under "General. Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: "' Within five (5} working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the ease Bid only} must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; `~-" 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that .will participate in the Contract, along with a descripta.an 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. Section A - SP {Revised 12/15/04) Page 14 a~ 25 ..~.i 6: A last of subcontractors that will be working an the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project.' The Cantractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work an 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 far 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 of the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision Constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the -work. The final progress schedule must be - submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisians A-28 and A-29 concerning Considerations for Contract Award and Execution and' the ---- Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-it, if applicable. -, 10. Within five (5} days following bid opening, submit is letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partxaersliip, aid name(s) and Title(s) o£ individual(s) authorized to execute contracts one behalf of said entity. A-31 Amended Poli on ~ctra Work and a Orders T3tader "General Provisions and Requirements for MuIllcipal Construction Contracts" B-8-5 ^ Poli on Extra Work and Chan Orders the present text is deleted and replaced with the following: ,_.. Contractor aclawwledges that the City has no obligation to pay for any extra work for which a. ahange 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 $25,404.00 must also be appx'oved by the City CaunCil. A-32 Amended °~LeCStiOn of Gontract" is Linder "General Provisions -and Requirements for Municipal Construction Contracts" f3-3-5 '_J Execution of Contract add the following: "~~ 'rhe 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. Secta.on A - 9P j (Revised 12/15/04) Page 15 of 25 . -, ~~ A-33 Conditions of Work Bach bidder must familiarize himself fu11y 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-Sid meeting referred to iu SQecial Provision A-].. A-34 Precedence of Coatraat 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 wi11 be given to the Special Provisions, third precedence will be given to _ the oonstruction 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 witb. any other referenced specifications, such as the .Texas Department of Public- Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special .~ Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General -,~ Provisions, in that order.- (13QT USED) xz . £~ie~-~e-~~€e-~i~c~we~~-at art]~Cit .._ _______~ • ---- .~ n ~ ..... a ..... a n.-, ~ .F ~ -tiF Section A - SP li (Revigad 12/15/04) Page lfi o£ 25 .....- I ~ M A1T ATT T) T]04Tf'A'aATTi"~1.T ' ~ ~ v G a~ a 1~R.. ~..7 -..~ i~ln vn i'~ ~-:.3 -r.~ ' - 2: liV~~~~'~"r~Vl~~' I 77e"""T~21~Z•~ ~ . Cr ~loG .... ~.......1 .- i -. 3- . ', 7-... ..F.. .i '' _ c~uw.....r~~..... .. ~~_____~_ ~__r ~ __ - - - .'~ ' ~ ~ > ' ~~~~ ..r..._~------- --- - Section A - SP {Reviead 12/I5/Og) Page 17 0£ 25 &i4~^eemgle~tt~-as-~~~fired tE~ ~~ik'8 roQ3~~S3 ~ thr-ee , r ..... .:'' i ^v..^} . ,_, her~ie fe~~t least-5~ea~s- ~.r ~~W~WVM ._~______ l i1v... ..ya r v+. ! • 5i i' " ~ttttitix-" ~6Giz3-;fd~Y7l.e~ t~2C~r~~-~e~'.~~'~eY ~,. ~J ._ ~.~ ca ~ ~ °"~. ~ .J n. w~ P1-36 Other Submittals 1. Sho Drawin Submittal: The Contractor sha11 follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or Yj.is designated representative. b. Reproducibles: Yn 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. lzesubmittals must have the original submittal number with an alphabetic suffix_ .u Contractor must identify the Contractor, tha Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal ,_ form. Section A - SP (Revised 12/15/04) Page 18 0~ 25 w„, '^ d. Contractor's Stamp: Contractor. must .apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in 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. -- €. 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 Praj ect . g. Varz.ations: Contractor must identify any proposed variations from the Contract documents and any Product ar system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Caxatractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City - Enginee~:'s selection. 3. `l`ast and Repaiz Report When specified in the ~'echnical 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 e i ment will not be a roved for use on the project. A-37 Am+eaded "Arran emeat and Char a £oz- Water F~xnished the Ci ° ITT USED die ~-e3eet-err~e _ _....----- section A - &P (Revised 12/15/04) Page 7.9 of, 2S _~ .. A-3$ Worker's Compensation Coverage for Building or Ganstructioa_Projects for Goverx~xnent Satities The requirements of "13atice to Contractors 'B "' are incorporated by reference in this Special Provision. i A-39 Certificate of Occupancy and Final Acceptance {330T IISSD) - _, A-40 Amendment to Section B-8-6: Partial 8stimates {130T USBD) __, 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-g2 OSHA Rules & Re lotions It is the responsibility of the Contractor{s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Iademnifiaatioa ~ Ha~.d Harmless Finder "General Provisions and .Requirements for N3unicipal Construction Contracts" B-6-21 Indemnification & Hold I~armless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor skull hold the City, its officials., employees, attarneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or , liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attarneys, and agents harmless and shall indemnify the City, its- officials, employees,. attorneys, and agents from any. and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees. attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. Section A - SP (Revised 12/15/04) Page 2D Of 25 ~--~ ' Ps-44 Chan a Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 pis-Built Dimensions and Drawia s (7/5/00) -- (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b} Y)'pon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings. shall include the following: (1} Horizontal and vertical dimensions due to substitutions/field changes. -' {2} Changes in equipment and dimensions. due to substitutions. (3) "Nameplate" data on alZ installed equipment. (4} Deletions, additions, and changes to scope of work. (5} Any other changes made. A-46 Dia osal of Hi 3a.1 Chlorinated water (7/5/oo} The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used far disinfection, and may exceed the permissible .limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TCEQ, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval. .There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A-47 Pre-Construction 3.orato Sxcavatioxxs (7/5/00) Prior to any construction whatsoever on the project, Contractor shall • excavate and expose all existing pipelines of the groject that cross within 20-feet of proposed pipelines of the groject and. 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 (30°) of proposed pipelines of the project, Contractor shall excavate and expose said ~~ exiting pipelines at a maximum of 300-feet O.C. and Contractor shall .survey the accurate horizontal and vertical locations of said parallel pipelines at ~- 300-feet maximum O.C. - S@Ct~.Om A - SF (Revised 12/15/04) Page 21 of 25 L ,...1 ~.J 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 tog of existing pipelines. Exploratory excavations shall be paid for as indicated in the proposal. Any pavement repair associated with exploratory excavations shall be .paid for according to the established unit price of pavement patching. Contractor shall provide. all his own survey work effort (no separate. pay) for exploratory excavations. A-48 Overhead Electrical Wires {7/5/00) Contractor shall comply with all OSHA .safety requirements -with regard to , proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with. regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. "~ Contractor shall coordinate his work with- CP&3~ and inform CP&L of -his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while. others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 Amended "Main.teaaace Guaranty" (8/24/60} Under "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of. action against the Contractor or any other individual or entity." A-50 Amended Prosecutioa and Progress Under "General Provisions and Requirements for Municipal Construction Contracts", S-7 Prosecution and Progress, add the following:. "Funds are appropriated by the Cz.ty, 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 C uter Generated Pro orals The following paragraph modifies 5-2-7 Pre oration of Pro oral, of the General Provisions: ,~„ Sectioa A - SP (Rpviaed 12/15/04) Page 22 of 25 ~--' "The bidder has the option of submitting a computer-generated print-out, in lieu of, the Proposal (SHEETS 1-16), INCLUSIVE. `rhe print-out will list all bid items (including any additive ox' deductive alternates} contained on Proposal Sheets 3-13. Tf the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1, 2, 14, 15 and 16. A sample print-out is shaven in Attachment 2. In addition, the print-out will contain the following statement and signature, after the last bid item: (Contractor) herewith certifies that the unit prices shown on this print-nut for bid items {including any additive or deductive alternates) contained in this proposal are the unit prices and no other Information from print-out. (Contractor) 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 .laid price (Column IV} shown in this print-out by the respective estimated quantities shown in the Proposal (Column TI) and then totaling the extended amounts. (Signature) (Title) (T7ate} A-52 Confined S ace Snt Re iremeuts Contractor will be required to comply with all OSTdA regulations and guidelines as pertaining to identification and classification of confined spaces, and associated requirements for entry into these areas, including compliance with OSfiA Regulatiox~ (Standard 29 CRR) Permit Required Confined Spaces ].910.146. All personnel entering confined spaces shall be properly trained and certifi.ed_ At any time, upon demand, the Contractor shall supply the engineer with this certification information of any/all personnel who are doing confined space entry work_ A-53 Dewatering and Disposal This item shall be paid for as shown in the proposal where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation. for the proposed improvements. ---- Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior. to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump '-" storm water to an area where ponding occurs naturally without leaving the designated work area or by manmade berms prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the latent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the reaeiviag stream {Oso Say / Corpus ' Christi Say). Testing of groundwater quality is to be performed by City, at the City's cost, prior to commencing discharge and shall be retested by the ~_-. City, at the City's expense, a minimum of once a week. The Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Section A - SP (Revised 12/15/04) ~• Page 23 of 25 I .nJ Another option for disposal of groundwater by the contractor would include pumping to -the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking tv a sanitary sewer system or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis. Prior to pumping groundwater-from the trench .to the sanitary sewer system the Contractor shall contact Tiles Schmidt, Wastewater Pre-treatment Coordinator at 826-].817 to obtain a "no cost" permit from the Wastewater Department. The City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow_ Groundwater flow can be estimated by baring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill.to original level and overnight level. A-54 Dust Control Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or applications of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. section A - SF (Revised 12/15/04) Fage 24 of 25 ~--~ SUBMITTAL TRANSMITTAL FORM PROJECT : AREA STREET & DRAINAGE I}.+3PROVEMrsNTS PHASE 28 I~ELEN AND THERESA STREETS; PROJECT N0. 6259 OWNER: CITY dF CORPUS CHRISTI ~s 3GTNSER: LNV FNGINFsERI13G, DAN S . LSYENDECICER, P _ E . CONTRACTOR: SUBMITTAL-DATE: APPLICABLE SPSCTFTCATION O12 DRAWTSTG r-+ SUBMITTAL SecCion A - SP (Revised 12/25/U4) Page 25 of 25 SUBMITTAL NIII~BR: A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 17TH day of AUGUST, 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 Dacuments as "City," and Berz~y 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 $1,309,233.30 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PROJECT N0.6259 (TOTAL BASE BID: $1,309,233.30) 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. i Page 1 of 3 Rev. Jun-2010 r~ ~. - Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-II 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 (1Q) calendar days from date. they receive written work order and will complete same within 240 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-2©ZO ATTEST: r City Secretary APPROVE AS TO LEGAL FORM: By. Asst. City Attorney ATTEST: (If Corporation) {Seal Below) (Note: If Person signing for corporation is not President, - attach copy of authorizatiaa to sign) CITY OF CORPUS C ISTI Juan Peralesr Jr.,P.E. Assistant Ci//ty Manager Engineering/Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR B Contractin LP dba Ba Ltd. By: P.O. BOX 9906 (Address) CORPUS C$RISTI. TX 78469 (City) {State)(ZIP) 361/299-3721. * 361/299-2304 (Phone) (Fax) et c~wG~~ ~ ~ t ~ 1 s~ Page 3 of 3 Rev. Jun-2010 ~ P R O P O S A L F O R M F 0 R AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PROJECT NO. 6259 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal. Form Page 1 of 16 P R Q P O S A L .. Place : ~ec~p us ~hr; s-~=~ } Tx ^-- Date: ~- ~f - id Proposal of ~,~~--r~Cat~-~-r~.c-~~~q L!~ ~6A ~~ L~~ _ , a Corporation organized and existing under the~laws of '~ the State of _ ._ OR ' a Partnership or Individual doing business as TD: The City of Carpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform j^ the work required for: AREA STREET AND DRAINAGE IMPRDVEMENTS PHASE 2B HELEN AND THERESA STREETS ' PROJECT NO. 6259 I~ at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following ~- ', prices, to-wit: Proposal Form ' Page 2 0# 16 AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PART A HELEN STREEfi WORK I zI III Iv v BID QTY ~ UNIT PRICE BID ITEM ITEM UNIT DESCRIPTIpN IN FIGURES EXTENSION Al. 1 LS Mobilization, complete in place per Jump ~lo~~~~'.l? ~ 2~ 2~St~.~ sum. A2. 7,134 SY Street Excavation, complete in place per square yard. ~'~ ~ Z`~ A3. 3,929 SY Sufograde Compaction, complete in place per square yard_ ~~'t:}p $ ~= ~~'~•~ A4. 4,280 SY Geogrid Base Reinforcement (Type 1), complete in place per square yard. ~~•~~~ $ ~~,°~~~~~ A5. 3, 424 5Y 6" Limestone Flexible Base (Type A Grade 1) , ~~,~~ $ Z7 3qz ,~T~ complete in place per square yard. A6. 3,929 SY Prime Coat {MC-30), complete in place per ` ? ` ard s uare 7~ Q, $ Z Sb~, Qc ~ q X . A7. 3,424 SY One course surface treatment, complete in place per square yard. ~`~`~ ~ ~"~~Q A8. 3,929 SY 2" HMACP {TY D}, complete in place per square yard. il.o`~ ~ 3'7ibt~~-~ac~ A9. 6,660 SF Concrete Driveway, complete in place per ~' ~'~ ~'~5 ~~~` $ ~~ •square foot . ~ °, ~ A10. 375 LF Concrete Header Curb, complete in place per linear foot. Y(-3.~~ S i~. 25:L~c? A11. 200 SF Unanticipated Concrete Driveway, complete in f `~~ 4d' QQ $ I ' `~F oot . place per square -,----- A12.. 334 SF Unanticipated Concrete Sidewalk, complete in f S.Qt~ $ ~ ~'~ ~``~ oot. place per square A13. 2 EA Unanticipated Sidewalk Drain, complete in er each lace ~~''~~ $~~`~~ . p p Proposal Form Page 3 of 16 I II ITI IV V BID QTY b UNIT P12ICE BID ITEM ITEM UNiT DESCRIPTION EN FIGURES EXTENSION A14 8 LF Unanticipated Headez Curb, complete in place ' _ per linear foot. i~ ~n`Ot? $ ~ +4t~ A15. 334 SF Unanticipated Sidewalk Removal, complete in place per square foot. ~~ ~°' S ~6 +°~ A16. 200 SF Unanticipated Driveway Removal, complete in ~' ~~ $ ° `' kQ ~ place per square foot . A17. 92 LF Unanticipated Curb Removal, complete in place per linear foot. ~Eoa $ ~~~' ~~ A18. 70 LF Fence relocation, complete in place per ~~+c~, $ 2 lOc~ ,00 linear foot . ~ ~--- A19. 3 EA Remove & Replace Street Sign, complete in l,oa~ .yo S 3. ocJC? •~° place per each. A20 . 1 DAY Ozone Day, complete in place pe.r dom. bO~~oD S ~~~ ~ ~ A21. 1 LS Traffic Control (Helen Street}, complete in " place. per lug. ~,S~.Oc ~ $"~ Sc~t3,t?~ T SUB-TOTAL PART A -- E-IELEN STREET WORK ( ITEMS AI THRU A21) : S Z x~~ `7 ~3 ~ + C a P=oposal Form Page 4 of 16 AREA STREET & BRAINAGE IMPROVEMENTS PHASE 2B ~-' HELEN AND THERESA STREETS ""' PART B THERESA STREET WORK I II III iv V BII? ¢TY & UNIT PRICE BID ITEM ITEM UNIT DESC12IPfiiON IN FIGURES EXT£NS2023 B1_ 1,512 SY Street Excavation, complete in place per square yard. _,3F5~ $ S Z l~,Csc~ B2. 726 SY 5ubgrade Compaction, complete in place per square yard. dQ $ ~ ~ ~~ B3. 907 SY Geogrid Base Reinforcement {Type 1), complete in place per square yard_ 3 ~Z~ $ 2•J~yr"~'~,~~. B9, 726 SY 6" Limestone Flexible Base (Type A Grade 1), $ ~~ off $ complete in place per s uare ard. ~ 5 $O~ , B5_ 726 SY E'rime Coat (MC-30), complete in place ger square yard . f + ° ~ S '7 2~, oc~ B6. 726 SY One course surface treatment, complete in ?{~,oo ~ S ~~t~ ~ Dt~ place per s uare ard. _ ~ g7 726 SY 1 1/2" HNACP {TY D}, complete in place per . uare ard s }~~~ S ~~.~~'~ ~ y . q B8. 580 SF Concrete Driveway, complete in place per ~ ~~ ` square foot . O' $ ~! ~'~~ ~~ B9. 17 5F Unanticipated Concrete Driveway, complete in place per square foot. ~5<~~ $ t I(?5:Qa B10. 223 SE Unanticipated Concrete Sidewalk, complete in place per square foot. ~ s`D~ $ ~'T "~~~-- B11_ 1 EA Unanticipated Sidewalk Drain, complete in h l ~~'Q , c?O ~ ~ ~ Qe ace per eac . p ~ ._.,- B12. 100 LF Unanticipated Header Curb, complete in place li f ?~3 `~~ $ ~ 3~~' ~O per near oot . - B13. 223 SF Unanticipated Sidewalk Removal, complete in f t l ~~ ~°~ =- $ ~~ ace per square oo . p Proposal Form Page 5 of 16 I II III IV V BID ITEM QTY S UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION glq_ 17 5F Unanticipated Driveway Removal, complete in f t ~'~ $ ~~` ~~ oo . place per s uare B15_ 61 LF Unanticipated Curb Removal, complete in place per linear foot. ~~ ~` - ~~~ ° ~~ 816. 295 IMF Fence relocation, complete in place per '7~~tO~ ~ ~SQ,O~ linear foot. B17. 1 DAY Ozone Day, complete in place per dom. ~C~eC~C7 $ (6 eD . ~c~ f318. 1 LS Traffic Control (Theresa Street), complete in jIGD~ ~O $ ~Fbd~s ~~ - - place ger lump sum. ~ r •~ SUS-TOTAI, PART B - THERESA STREET WORK {ITEMS BI THRU 18) $ ~~ ~~~ • ~s Proposal Form Page 6 of 16 AREA STREET & DRAINAGE IMPROVEMENTS PfIASE 2B HELEN AND THERESA STREETS PA~iT C DRAINAGE IMPROVEMENTS T II III N V BID QTY b UNIT PRICE HID ITEM ITEM UNI T DESCRIPTION IN FIGURES EXTENSION Cl. 1,250 LF 5'x5' Box Culvert, complete in place per ~~ '©~ $ ~ S ~ ~'~ linear foot . - C2. 3,470 LF 6" Curb & Gutter, complete in place per ~r1~ 5~ $ 53 ~ZS oa linear foot . : C3. 20 LF' 24" RCP (Class III), complete in place per DO ~~~ 4'~~`O[~ $ ~ linear foot. ~ ~- C4. 205 LF 18" RCP (Class III), complete in place per c~ ~O $ `~ ,zZS,~p linear foot. C5 1 EA Modify Existing Junction Sox, complete in . place per each. 3 5-~-•--~~`O'~ $ 3 ~~"~'~~ C6. 3 EA brop Inlet, complete in place per each. ~,~. Z~V--~,;~ $ Z {~~~ ,Oo C7. 3 EA 5' Special Curb Inlet, complete in place per each_ ,off. ~a $ I3 SEQ.'=~ C8. 4 EA 5' Curb Inlet, complete in place per each. - Zip ~ ~-~ $ ~.`7~ p~jO , O~ C9. 2 EA 5' Curb Inlet Extension, complete in place per each. 5~ ~? .~O $ 3 00~ . 00 C14. 1 EA Type M N~anhole, complete in place pex -each. ~,~ $ ~~jqO , Off, T C11. 1 EA Remove Existing Dxop Inlet, complete in place '70O.L~ $ rjp~. ~c~ per each. C12. 1,4"15 LF Txench Safety, complete in place per linear foot . 2 •~b $ 3 ~f ~~ C13. 1,250 LF Groundwater Dewatering, complete in place per O©~•Dc) $ linear foot ~C,c~ Z~ . C14. 1,475 LF Televised Inspection reports, complete in s~? ca~ f l li ~`O~~ , ~ & Ey near oot. p ace per Proposal Form Page ? of 16 r T II III IV ~ BID ITEM QTY S UNIT DESCRIPTION UNIT PRICE IN FIGURES BID ITEM EXTENSION C15. 1,736 SY Erosion Control by sodding, complete in place per square yard ~raQ ~ ~ ,O[3 $ ~' . _+ C16. 999 LF~ 5ilt Fence, complete in place per linear foot. ZrE1Cs $ ~°($ ~[:t[7 C17. 951 SY Construction Exit (Type 1}, complete in place per square yards 1 OQ $~3t ov . C18. 105 SF Pavement Repair, complete in place per square foot ~+6 . yu $ l b$Q , ~ . C19. 1 EA Junction Bax - Type M, complete in place per each_ ~S' 3~ ~ 6 ~°~. Vic' C20. 2 EA 18" RCP Existing Plugs, complete in place per each 3Su. o~ $ ~ pc`~ . ~Dfl . C21_ 1 LS Traffic Control (Storm Water), complete in lace er lum sum ~~0~4`.QO Oc7c>'L`2ta $ t p p p . ~ SUS-TOTAL PART C - DT2AINAGE IMPROVEMENTS (ITEMS Cl THRU C21) $ ~ 3~~9o3~S~ e Proposal Form Page $ of 16 AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PART D WATERLINES I II III IV v BID 4~ ~ UNIT PRICE BID STEM ITEM UNIT DESCRIPTIOid IN FIGCTRES EXTENSION pl, ].,265 LF 8" Waterline PVC (C900 DR18}, complete in ~`5' fl° $' ~ZS ~© place per lineax foot. ~ D2, 10 EA B" Fittings {45 & 11.25 Degree Bends), 32 a: ao Z S~ ' ~~ to $ 3 complete in place per each . , D3. 2 EA 8" Gate Valve {w/ Valve Box), complete in ~~,~~ S 2 2 ~,pc7 place per each. pq, 1 EA 8"X8" Tee, complete in place per each. ~~_~;~ $ ~Qd ~~ D5. 2 EA Fixe Hydrant. Assembly with 8"x 6" Tee, .J~~, ~~4~? ~~ complete in place per each. D6. 1,250 1.F Grout Fi11 Abandoned Waterlines, complete in ~r~ $ ¢'~~"O~ place per linear foot. D"1 . 21 EA 1" Waterline Service f>20') , complete in ~~~ , 00 $ ~~ ~~~ Y Qb place per each. D8. 23 EA 1" Waterline Service (<20'), complete in .D~ ~f 5 ~ $ ~~ ~ S place per each. ~ D9. 2 EA Connection to Exist Waterline, complete in ~ ,~,~ ~~ $ ~ ~~ e O[~ place per each. ~~-- D10. 1,265 EF Trench Safety far Waterline, complete in ~ ~ S- $ 7~~ ',~ ~ place per linear foot. D11. 1 EA Adjust Existing Fixe Hydrant, complete in $~,~Q $ ~ pSrt7R place per each. -- D12_ 1 EA 8"x9" Reducer, complete in place per each. ~ ~.~ ~ $ ~35,0~~ D13_ 1 EA 9"x2" Reducer, complete in place pex each. 1~~ sob ~ l~~-~~~ D14. 1 EA 4" Plug, complete in place pex each. ~~~ ~~ S f~13 r4`L~ Proposal Form Page 9 of 1fi I II III Iv V SID ITEM QTY S UNIT DESCRIPTION UNIT PRIDE IN FIGURES SID ITEM EXTENSION p15. 1 EA 8" Plug, complete in place .per each. 1hL~rp~ $ ~SO,ac. D16. 50 LF Exploratory Excavation Trench, complete in er linear foot place Z'b ° ~ rte' oc~ . p D17. 5 EA Exploratory Excavation Spot, complete in place er each 4~~ ~ Off' S ~ 2C~ ~ ~ p . D18. 1 LS Water Utility Allowance, complete in place per lump sum. $10,000.40 $10 000.00 D19_ 1 LS Traffic Control (Water}, complete in place per lump sum l Ot? ~? _L'~? T D . t'~c~ S ~ . ~. _ _ SUB-TOTAL PART D - WATERLINES (ITEMS D1 THRU D19} $ ~ O~ ~S~• ZS P=oposal Form Page 10 of 16 .. AREA STREET 5 DRAINAGE IMPROVEMENTS PHASE 2B' HELEN AND THERESA STREETS r-^ I PART E WASTEWATER IMPROVEMENTS I II III ~ V BID ¢TY & UNIT PRICE BID ITEM ITEM UNIT AESCRIPTION IN FIGURES EXTENSION El. 1,236 LF 8" Pipe Bursting, complete in place per linear foot . ~~~'' S~ $ ~~' ~ ~ DD E2. 9 EA 4' Diameter Wastewater Manhole {Fiberglass <6' } er each i lace l t ~~ ~~ $ Ib '$~'~'' e n p p , comp e . E3_ 6 V~' Extra Depth foz Manholes {>6') , complete in place per vertical foot . 37 ~ . t34 S ~ 25f} . ov E9. 21 EA 4" Wastewater Service {>20`}, complete in place per each. ~5C `~° $ ~~.hsc~3 ~ ~~ E5. 21 EA 4" Wastewater Service {<20'}, complete in place per each. `z~•C5~3 $ ID7,5a~,•yc2 E6. 9 EA Remove.Exist 9' Diameter Wastewater Manhole, h l i ~'~~' `'`~ $ ~ ~~' ~ ace per eac . n p Complete ~ E7. 50 LF Exploratory Excavation Trench, complete in 3~, DD S L 75a • G'v place pe.r linear foot . E8. 5 EA Exploratory Excavation Spot, complete in G.~.-~d,dt~ ~ ~ S 2 35~ ,o? place per each. E9. 1",236 LF Clean and Televise Wastewater i la Lines (Pre ~ foot li ~+~ $ 7•~~b'f}~ ce per n p Post}, complete . near _ E10. 1 LS Wastewater Utility Allowance, complete in place per lump sum. $10,000.40 $10,000.00 E11. 1 LS Traffic Control (Wastewatez}, complete in ~ er lum sum lace 3 eta' Dc? _._` $ 3:~ ` p . p p ~ SUB--TOTALWRSTEWATER II+~ROVEMENTS (ITEMS EI THRU E11): $~~ID~~_c0~ Proposal Form Page 11 of 16 AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN A[~D THERESA STREETS PART F ADA IMPROVEMENTS I II III IV V BID ITEM SZT`~ ~ UNIT DESCRIPTIDN UNIT PRICE IN FIGURES BID ITEM EXTENSION F1. 692 5F Concrete Cur1o Ramp with Truncated Domes, uare foot i l l ~ S , o o $ ~ ~ ~~~' ©~ . ace per s n p ete comp F2, 11,328 SF Concrete Sidewalk, camplete in place per square foot. ~f-,75 S5Zi ib5~,~~ SU$- TOTAL+ PART F - ADA IMPROVEMENTS { ITEMS Fl THRU F2) - $ ~ ~ 2 3 S , Ov Proposal Form Page 12 of 16 The lump sum bid items described afoove as "water Utility Allowance" and "wastewater Utility Allowance" have been set as noted and shall be included in the Total Base hid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of a utility or here-to-fore unknown structure or similar situation warxant the use of the allowance funds. Should the use of funds from the "Water Utility Allawance" and / or "wastewater Utility Allowance" become necessary, the Engineer will iprovide written authorization at a cost negotiated between the City and the ~ Contractor. There as no guarantee that any of these funds will need to be fused throughout the course of the woxk_ BAD S Y AREA STREET & DRAINAGE IMPROVEi`~1ENTS PHASE 2B HELEN ANp THERESA STREETS ~As~ ~xn r 5UB-TOTAL HELEN STREET WORK {ITEMS Al THRU A21} $ ZZ-`~~ 'l'~~ o© SUB-TOTAL THERESA STREET WORK (ITEMS B1 THRL3 818} SUB-TOTAL DRAINAGE IMPROVEMENTS (ITEMS C1 THRU C21): SUB-TOTAL WATERLINES {1TEM5 D1 THRU D19}; SUB-TOTAL WASTEWATER IMPROVEMENTS (ITEMS E1 THRU E1T) SUB-TOTAL ADA IMPROVEMENTS {ITEMS F1 THRU F2): TOTAT, BASE BID: $ S~~ S~~-~S~ s '7~3~~~~;~ ~5~ $ [ (faM g,~. Qo $ ~aJ' a .~ ~j c~ . L7 c~ $ ~ ~ 3~9~ Z 33 ° 3~ Proposal Form Page 13 of 16 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications ~~ and contract documents relating to the work covered by his bid or~ bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract aired will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 50 of the highest amount bid, is to become the property of the City of Corpus - Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. - Minority/.Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MSE firms participating in the contract and a description of the work to be performed and its dollar value for - bid evaluation purpose. . - I3umber 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 240 calendar dams from the date designated by a Work Order. The undersigned further declares that he will. provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, far the sum or sums above set forth. Receipt (addenda number): of the following addenda is acknowledged M Respectfully submitted: Nam tea ~~. B y . - E s ~'. ,~-... ' ~. (SEAL - 1F BIDDER 1S (SIGMA a Corporation) Address: ~~.c. C~oX ~~70~ ._ (P.O. Box) (Street) (City} (State) (Zip) 'Telephone : 2`j`~ - 3 ~ ~-! _. NOTE: Do not detach hid from other papers. Fill in with ink and submit complete with attached papers. {Revised August 2000) Proposal Form Page 19 of 16 P E R F O R M A N C E B O N D `~ BOND NO. 929496355 =~ STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Berry Gantraating, LP dba Bay, Ltd, of NUECES County, Texas, hereinafter called "Principal", and coN~r~N~NTr~~ cASUALTx ~(.?N4PANY a corporation organized under the laws of the State of~~.~~7a~ , 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 ONE MILLION, THREE SUNDRED NINE THOUSAND, TWO HUNDRED THIRTY-THREE AND 30/100 ($1,309,233.30} 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 17TH of AUGUST , 20 IO , a copy of which is hereto attached and made a part hereof, for the construction of:. AREA STREET & DRAINAGE IMPROVEL~NTS PHASE 2B HELEN AND THERESA STREETS PROJECT N0.6259 (TOTAL BASE BID: $1,309,233.30} 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/ar workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this ob.~igation 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 far value received hereby stipulates that no change, extension of tune, 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 band 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. xN WI7,`NESS WHEREOF, this instrument is executed in 4 copies, each one. of which shall be deemed an original, thi s the ~~ day of AuG~rsT 20 to ~- PRINCIPAL . . B Y CONTRACTING TAP DBA BAY LTD 1 30 ~ L.~ .,~ Z - ~ 51-: ,~., a~~ ~d ~n d ~. (Print Name & Title) TTEST A ~] ~~1- i~a'~ J - -1 ~a mrn P ~ f r ~G~mih. f~ss~sf~ (Print Name & Title) .~~ ,. i Agency: SWANTNRR & GORDaN INSURANCE AGENCY Contact Person: MARY ELLEN r~aaR>J Address: P.o: Box s~o Phone Number: 361.-883-1711 (NOTE: 17ate of Performance Bond must not be prior to date of contractl(Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D BONB NO. 929496355 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Berry Contracting, LP dba Bay, Ltd. of NUECES County, Texas, hereinafter called "Principal", and cnNTFNEN~A~_ cASrrA~aY _~o~z~ny a corporation organized under the laws of the State of_~r.t,=~anTC ~W, 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 ONE MILLION, THREL HUNDRED NINE THOUSAND, TWO HUNDRED THIRTY-THREE AND 30/100($1,309,233.30} 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 Chra.sti, dated the 27TH day AUGUST 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: AREA STREET & DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PROJECT N0.6259 (TOTAL BASE BID: $1,309,233.30) 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 na 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. Payilent 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 a.n accordance with and as defined in said _._ Article. PRINCIPAL CONTRACTING. LP DBA BAY LTD. By: s LEA T •f rY~ Q~ ~. N ~!} v $ ` ~ n {print Name & Title} ~} A~TTE, S~T_ I v~Yl ~ ~ y __.. _ (Print Name & Title) SURETY CONTINENTAL CASfiJAT,7'Y COiKPANY 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 WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 26TH day Of AUGFJST 20 10 Agent,; STa~iT~IER & GORDOtd IN..TJsZ.F~NC7~ AGENCY Contact Paxson: ~ARx E.r~I~~:ca r~noRl: Address: P.O. sax s~0 GC~F;pUS CHRISTI, TEXAS 78403 Phone I1Tumber: 361-883-I.711 (NOTE: Date of Payment Bond must not be prior to date of contract} (Revised 3/08? Payment Bond k'age- 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, anal 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. a~~ ~'~"~cry ~+ co~owtirE z $ °~ sou 1897 `~~,~,~, Continental Casualty Company ,~ Natiazlal Fire insurance Company of Hartford ~a' ~,~~a+arfc ~ American Casualty Company of Reading, Pennsylvania ~ot~ i. Jac yne . Belcastro Senior Vice President State of Illinois, County of Cook, ss: On this 8th day of Tune, 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 campany 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. 6,1LIPItICE ••, E tg11{R1'Pt,~UC-BTAS&aF r1N101i l~~~~~ wo~rNSaowsams My Commission Expires September 17, 2013 Eliza Price Notary Public CERTIFICATE I, Mary A. Ribikavi+skis, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty.Company ofReading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 2F,TW day of AUGUST 20iD ~ cn~suq{T ~~ ~ ~~~ ~ z ~ ~ Ov SEJ1L ^r 1e97 Form F68S3-S/2009 WSURq,~~ ~Mr o~ ~ ~ ~~ tp~ONPORq~ ~ui~ i. ~ ~~~ ~ Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. ika kis Assistant Secretary r State of Texas Claim Notice Endorsement In acxordance with Section 2253.021{f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 You may also~write to CNA Surely at: P.O, Box 1088, Housbn, Texas 77259-1088. You may , • contact the Texas Department of insurance to obtain information on companies. coverages, rights yr complaints at ^ 1-890-252439 ~ You may also write the Texas Iepartment of insurance: P.O. Box 149904, Austin, Texas 787'149104, or fax 512-475-1779. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about a daim you should contact the canpany first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not ~- become apart or condition of the attached documents. .~~~ UPPI_IER NUMBER 5 •~,.w~r„~ TO BEA551GNED BY CITY City Of PURCHASING DIVISIQN Corpus CITY OF CORPUS CHRISTI chr'S`' DISCLOSi]RE OF INTEREST City of Corpus Christi Ordinance 17I 12, as amended, requires al! persons or firms seeking to do business with the City to provide the following information. Every question must be answered. ]f the question is not ap~lica [e, answer with "NA". See reverse. side for Filing Requirements, Certifications and definitions. COMPANY NAIYLE: ~a,,,,_ L-1-~I . P.O.BOX: q~04~~ ,~ STREET ADDRESS: ~4.~.l,~ ~t-~ ~ ryc~,C.-~~ CITY: ~,or~ryuS ~~triS~i ZIP: h ~, ~ r. ~ FIRM IS: ] . Corporation ^ 2. Partnership ~ 3. Sole Owner ^ 4. Association ^ 5. Other DISCLOSURE QUESTIONS If additional space is necessar~+, please use the reverse side of this page or attach separate sheet. I . State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N1~ .~ . 2. State the names of each "official" of the City of Corpus.- Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title tiles 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 ro A~ 4. State the names of each employee or officer of a "consultant" for the Gity of Corpus Christi who worked on an matter related to the subject of this contract and has an "ownership interest" constituting 3°~or more of the ownership in the above named "frm." Name ~ !~- Consultant Pzaposal Form Page 15 of 16 L EYEING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 {d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ~o,n ~,.~~.~ ~ Title: ~,~•~- ~ y„G,~;v~ a~__ ~ o~~ • (Type or Prinl) ~'9n7zture of Certifying Date: ~ _ Z ~ ~ ' DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. _ b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an ~~ effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. ~`~ d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sale proprietorship, as self-employed person, partnership, corporation, joint - i 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, i 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 ar constructively held, in a firm, including when such interest is held through an agent, trust, estate, or balding 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 E'orm ~~ Page 16 of 16 OP lD $RNI CER?TIFICATE OF LIABILITY INSURANCE DATE (MM°DIYYYY, R~ ~ ~ SERGPGi 0$/26/10 PRO R THIS CERTIFICATE 151SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Swantn~r & C3ardon Ins Agcy-GC HOLDER. THIS CERTIFICATE DOES NOT ANEEND, EXTEND OR x 870 B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. o PO Corpus Christi TX T8403-p870 Phone: 361-883-3711 Fax: 361-$94-0101 INSURERSAFFORDiNGCOVERAGE NAIC# ENSURED INSURER A: Acs American Insurance Company '2'266'] INSURER B: Aca Praparty 6 Casualty Ins co 2Q699 Berry Contracting, LP Ltd dba Ba INSURER C' Illinois nr~lon Insurance Co. 2 ~] ~ { Q . , Box 9858 O P f NA C it I . . 78469-4858 ti ns o o y INSURER D: Indemn 48575 TX Corpus Chris INSURER E: #21) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLiRED NPSAED ABOVE FOR THE POi.,ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIf2EMENr, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSISED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERl=1N IS SUBJECT T4 ,4LL THE TERMS, E7CCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEE1J REDUCED HY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER pgTE {MMlDDlYY1'YI DATE (MMlDDIYYIIY) L[MYTS GENERAL LIABILITY EACH OCCURRENCE $ ~ ~ () 0 0 ~ 0 0 0 A X OOMMERC1ALGENERALLIA9ILRY HDOG2494038A 1~ 05/20/10 05/20/11 PREMISES (Eaocc~rence} $ 100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 10 , 000 X X, G, U Included PERSONAL&ADVINJURY $ 1,000,000 X Contractual IriCl GENERPLAGGREGATE $ S,OOO,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 5 , 000 , O0 O POLICY X JEC LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT oa0 0oo $ ~ A X ANY AUTO 05/20/10 05/20/11 (Eaaccider~) ISAH08588508 , -, ~ ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ {Per accident} X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per actidenq GARAGE LIAE3ILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN ~'~C $ AUTO ONLY: AGG $ EXCESS ! VMBRELLA LIABILITY EACH OCCURRENCE $ rj ~ (} 0 Q ~ 0 0 0 B }~ DccuR ~CLAIMSMADt: XOb[i25907735 05/20/10 OS/20/11 A~REGA~ $5,000,000 $ DEDUCTIF3LE ~ X RETENTION $ 5O , 04D .. $ WOR KERS COMPENSATION ' X TORY LIMITS , ER D LIABILITY AND EMPLOYERS YIN DECUTIVE TnILRC46132415 05/20/10 05/20/11 E.L. EACH ACCIDENT $ 1,000,000 ^ OFFICE 1MEMBEREXCLUDE {Mandatary In NH) E.L. DISEASE- EA EMPLOYEE $ 1, a a a ,'000 IF yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LiMiT $ 1 , 0 00 , 0 00 OTHER . C Pollution GPYG24645332003 05/20/10 05/20/11 EachClaim $1, 000 , 000 DESCRIPTION OF OPERATIONS ! LOCATIONS f VEHICLES ! E7iCLV$IONS ADDED BY ENDORSEMENT t SPECWL PROVISIONS See attached notepad far additianai coverage information. Project No: 6259 -Area Street & Drainage Improvements Phase 28 Helen & Theresa Streets CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Engineering Services Attn: Contract Administrator PO Box 9277 ~CarAUS Christi TX 784&9-9277 nrnen ~a »nnarn•I All rlOhtc IPSBNA(I, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E:XPIRATIDN GIGO-G7 DATE THEREDF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 RAYS WRITTEN NOTICE TO THE CERTEFICATE HOLDER NAMED TO THE LEFT, BV7 FAILURE TO DD 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T4E INSURER, ETS AGENTS OR REPRESENTATIVES. The ACCRD narrle and IDgD are registered marks of AGORD @~Q ~I~3~ ~ IE~ h p~~' IN$1J~ED'NFiM~' $e~~y' C;gT1~~3C't1IlGJ ~ ~ ~' a ~ p~ +u~g.! r::y' ~.w.i!',~'~G.~>", n °', 8 ~yµ.. .,~iw .,.., ..~. ~..... .®ni ~ ,$. ,LV. ~ ~;: ~dk Additional Insured as required by written contract in favor of the certificate Holder applicable to General Liability, Auta Liability & Umbrella policies. Waiver of Subrogation as required 3~y written insured contract in favor of the Certificate Holder applicable to Workers Compensation, General Liability, Auto Liability ~ Umbrella policies. iniarkexs Compensation includes US Longshore & Herber Workers Compensation Act Coverage Endorsement, Outer Continenta3 Shelf Lands Aat Coverage Endorsement and Maritime at $1, DOa , ODD . Gersera3 Liability is primary &non-contributory where required by written contract. COMMERCIAL GENERl4L POLICY NUMBER: HDOG249403'<3A LIABILITY CG 2O 1D 1D 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON O R ORGANIZATION This endorsement modifies insurance provided un~ierthe following: COMMERCIAL GENERAL LiABIL.ITY COVERAGE PART SCHEQU6E Name afPersan nr Organization: City of Corpus Christi Department of Engineering Services -Attn: Contract Administrator PU Box 927? Corpus Christi, TX 78469-9277 (]f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable tQ this endorsement.} A Section 11 -Who IsAn Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these addi#ional insureds, the fallowing exclusion is added: 2. Excluslans This insurance does not appiyto "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 insureds} 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 ar subcontractor engaged in performing operations for a principal as a part of the same project. CG 20101001 Authorized Representative: a~w ~ R.M. Lee, Managing Partner Swsntner & C=ordon ® ISO Properties, IsnC., 2000 Policy Date: A5/2~/10-11 POiJCY NUMBER: 'C-IDOG2494038.A COMMERCIAL GENERAL, LIABILITY c~ ~a 37 ~a o~ THIS ENQ4RSEMENT CHANGES THE PQLlGY. PLEASE REA!? IT GaREFULLY ~ ADDITIONAL INSURED _ Q~IINERS, LESSEES OR CQNTRACTORS ~ COMPLETED OPERATIONS This endorsement modifies Insurance provided under the fallowing: COMMERCIALGENERAI_ LIABILITY COVERAGE PART SCHEDULE Nam a of Person or Orgenizatipn: City or Corpus Christi Department of Engineering Services -Attn: Contract Administrator PU Box 9277 Corpus Clrrisii, T~ 78~b9-9277 Location and Description n# Completed Operattilons: Premium: { If no entry appears above, information required to comptete this endorsement will be shown in the peolarations as appiicab9e to this endorsement.) Section II -Who is An Insured is amended io include es an insured the person ar ~ganization shaven in the Schedule, Izut onry with respect to 14ability arising out of "your work° at the location designated and described in the schedule of 'this en- dorsernent pertarmed for that insured and included in the "products completed operations >tiszard ° Authorized Representative; Q,~,~, J R.M. Lee, Managing Partner Swantner & Cordon Policy Date: 65120/10-] l CG 2D 37 fl3 D1 ®ISO Properties, lna., 20DD Page 1 of 1 A~DIT~CN~~.. li~iSt~~t~~i c~~s~~~n~~~ ~+~r~soM~ ~~ +~R~~nr~at~ar~~ 'PHIS EMDdit~E~Esl+l'€ CHAt~IGES THE t~t]1`IGY. PLEA5E READ iT CAREFL3R.l.Y. T'tfis #~tlOrsattfarit m~iities insurance pro~idsd under the fnllawing: 1l~E~SS~ ~lO~+L] POLIEG~ ~RUC~4~R~-P$k.~.. ~~t1~G~ ~C~UCr Ciiy of Corpus Christi Additional ilnsured (s): _ _ _ Denarttnent of EnF~neering Ser~icec - • C'nn#ract Adminixtratnr PO Bux 9277 A. f"a a Govcred "auto," Wha is fissured is changed to iisciude as an "insuued; `the persar+s or organizatkns named in tEks endOrsernent. Howeuer, these persons yr or~arriza#ions are an "insured' only for `'bodily injury` tx "property damaye° resuttiisg frprst @Ci5 Or QrrllSSi!}r+5 flit: 1. Yvu. ~. Any of your employees ar agents. ~. Rr~y person operating a covered "soto° wish persnlssion from 4'fltt, any of your employees or agents. ~. 1'he persons or organizations named iis this endorsarnant are not liable for pagmenl of your pn:miurn. ~~ R.M. Lee, Managing Swanttter & Gordon Attlhtxized Ag~t JA-31114 (72K.34) l>td. in ij S.A. msstf !sre ,TaIiGY ntnniwt. 7ne rarnain~e= tar ttK! ~ i!4ngdl~nl i5 w t+k tu~sni anhi wtu3;t this ~rtn~sat~t fs i651tet! sttbSE~as'!?n1 Ni rh$ ~reaaraftan •~* enc .,r..~•... r'ULICY NUMeEf~: HDOG2494038A `~ CQMM~I2CIAL. GE~IERAI. l.IA{~ILiITy c~ liz a~ ~~ 04 TW15 ENCf~RS~IIII~NT CHAIV~FS Tt-~~ P~~tCY. p[,~A~~ ~~~1A tT CAR~>~I~InL'Y. ~T~~~~A~ ~~~h~~~~ ~ ~~~~~~~' ~~ ~~~~~~~~~~ This endarsernem modifies ulsur'anc2 provided ut~der the fvllv+rlring: COMMCfiCIA~ G>=iVl~'F~AI_ LIABILITY ~C}VEfiAGi~ I'AF~T / I_IQUpR L.IAr3i1.,17Y C01lFRAGE PANT J OWfv~F?S AI,IU CC~r~E71~ACTQRS r~ROTI~GT1VE I.IAE311rITY COVEf~AGF PAt~1- f'OLLUTION I.IARIi,ITY COVi^riACa1 I'A>jT PfiopUGT WITHI]f~AW~1!_ COVER~GE« I'AKT f'f2f~l,)IJf;-15lGUMF'k.~TE^ QPFit,~Tt01US tw1AflIE.iTY COti1MRACC R~11~tT RA3l_id0A171~RQTBCTiV~ t11~B1t.l'TY COUCRAO1r 1~Af~1~ In the eve+~i ~7f c~:nceflation or n~saferial Change il~at reduces or rFStricts the insurance atfardecl by 41~is Gaverar~e Part, we agree to mail prior written notice df c;tnaellation o-r it~~tertai Ghartige io: SCI-I~Dtlk_1= _ _ 1, i~arnc; City oi= Gorpus Christi I pepartment of iwngineering Services ~/ Aktn; ContractAdrninistrator 2. Andress: 170 Box 9277 Garpt~s Christi, TX 7840.79-9?77 .-_.... w._......_._.--...._.._........ _.-_.._..___--~..._ _.. f ~..-..._ .. ----- ~--------•---- 3. I~umher ofdays ~dyariCe h4tlc@$fl _ „„w,~,,,~„y, Illforr1lc~~101i rtguir~d lQ G~ITI~I~te lhjs ~~iil~{it,ll~, ~f' not slivw~ alcove, Will lae sf~ov~m il} tine ~ticlar;~i~rns•_-_~~ _-- Authorized Representative: ,~' ~~ R-M. Lee, Managing Partner Swantner ~ Gordon Policy Date: O 5!20110-11 ..R[ [F/A ['ar.. n...4:.... 1.~.. '1 /Ill ~1- •._ . _1 F [ . p ['U[_iC,Y NI~MI~i=K: ISAH08588508 ~9MM~1~ir1AC. AUTO CA o2 as ~E; a4 1'H15 EN~QRS~M~N'~' ~w•fAN~F~ "1'i-1~ ~~t,1~1(. ~~~~~t„ R1AAl~ 1'i' 4~Af~E;.~Ui.~t.,lt'. ~~~~~~~~ ~~A~~ ~N~~}~S~~~N~' This et~dorsernt:rt modifies insurance pr~vi~lnd under the tnilawing: ' BUSI~iESS AU70 C~~tEI~AGi; i=Oi~M .~ GAf~RC~ COV~RAGt= ~~ttM MST[}Ft C:,}If•{RfE>~ C[)VCf7f~CE f~ Of ZM TRUCKERS CC)1I~RAGt: 4=C1R~i1 With respcCt to cove[•age pravi[ied iiy 1l~i5 t?nclarser~~ent, tfte pravisrons of the Gaver~ge Form eC~P~ unless ~g10Cf°- tied ~p fie er~cbrsement. ri ris encfurserrrent changes the ~t~ticy effective on the inr:eptit!!! dale rJf !h~ ixalicy unless another dais is indicated below. ~ndorscment F"ffeetive: Q5/2QI14 Gour~tergigned E3y: -------~----~--~-~---- . ~ ~~'Y{ hlamed insi~r~l: Berry Contracting, LP dba Bav, Ltd. ~N._.-.,W ~..,~,., __~..~.~_,.,,~~_(~~~tf~orized ~e~reser~tativc SGMCC}Lfl_E _w._._.._w~.. _.__. ----- ~----.__....._ . N~unber of Days' Notice ~Q Clty Of COf~luS C;hClsti Marne Cif Person i'~r Organization Department of Engineering ~elviceS Aitr~: Contract A~ministratar ~0.ddress PO f3gx 977 Carus Christi, ~x 7f3a69-J277 If this p4Hcy i~ ~:an~;eled or mat~!'ially ~h~r~ged io rettE,ce or restrict coverage, we wil[ snail police of cance[latian or change to lfx; person or arcianfraGon named in the Schedule. We wilt give t[qe number of day's notica indicated In the 5cl~sdufs, _.--_"r -__ .. - r i 7`F;XAS W~IRKEHS' ~UMPI~I~SATiON ACID ~MPI~OYEIZ~` LI~E3l~.l~'Y MANtJAII. ~t3~U[tSCRlI~N~'S & EOFZMS WG 4?. D6 p~l '#'~7fAS IIf4YICf" Of~ NtAi lFt#FiL CI~tAMGC ~~lC3Qt3S~MC'=i~T This endorsement applies onty to the insurae~c~ proviclPd by the policy because 7oxas is shown itz i#o~r~ 3.A. of the info~~rnatior~ lag c~. In the event of cat#ceffatFOn of gfher material cE'tdngr; of the policy, we will mail advt~nC,c ~utice to it~e pr,~'snn ar et+,l<~~~~itatiari #~~~t#c~f in tl~e Schedule. ~"l~e number of days adva[~ce ~~atica is shown in i1~e ~ci#edule. 1-h i5 endorsement sl9all not operate directly or in(i[reCtly [o benefit anyone; not nan~ed in #l~e S~:hectule Schedule 1. N«mt~er of days arlvanee notice: 34 '~ 2, hlotice will tie mailed io: City of Corpus Chris#i t~epar#ment of Engineering Services At1r1: Gin#ra~:t Admir~iskrakar f/ PD Box 9277 CUt'pus CtlfiSti, TX 784fi9-9277 J ~~~ Authorized ftepreser~tative: R.M. Lee, Managing Partner Swantner & Gordon Berry Contracting, LP dba Bay, Ltd. ~/ Company: Indemnity Insurance Company of N.A. Policy Number: WLRC46132415 Folicy Date: 05120110-11