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HomeMy WebLinkAboutC2011-384 - 6/28/2011 - ApprovedBay, Ltd. . S P E C I A L P R O V S I � N S S P E C I F I C A T I O N S • A N D FORMS O CONTRACTS AND BONDS F O R 2011 -384 M2011 -141 06/28/11 COUNTY RD 52 AND COUNTY RD 69 FROM FM 624 TO US 77 (BOND 2008) PREPARED BY: Maverick Engineering, Inc. 400 Mann St -, Suite 200 Corpus Christi, Texas .78401 Phone: 361/696 -3500 Fax: 361/696 -3599 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 3611880 -3500 Fax: 351/880 -3501 IPROJECT NOS: 6471 & 6507 'DRAWING NO: STR 839 _ - 902.52 '44 be 4 11,4/1 • COUNTY RD 52 AND COUNTY RD 69 FROM FM 624 TO US 77 PROJECT NOs. 6471 & 6507 (BOND 2008) Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS -B Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to Be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A--1.1 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials 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Participation Policy (Revised 10/98) A 23 Inspection Required (Revised 7/5/00) (NOT USED) A -24 Surety Bonds (NO LONGER APPLICABLE) '(6 /11/98) A -26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims (NOT USED) A -28 Considerations for Contract Award and Execution A -29 Contractor's Field Administration Staff A -30 Amended "Consideration of Contract" Requirements A -31 Amended "Policy on Extra Work and Change Orders" A -32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A -34 Precedence of Contract Documents A 35 City Watcz Facilitico; Special 12cquircmcnta (NOT USED) A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" TABLE OF CONTENTS . PAGE 1 OF 6 A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -40 Amendment to Section B -8 -6: A -41 Ozone Advisory A -42 OSHA Rules & Regulations A -43 Amended "Indemnification and Hold Harmless" A -44 Change Orders (4/26/99) A -45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) "Partial Estimates" (9/98) (NOT USED) A -47 Pre- Construction Exploratory Excavations (7/5/00) A -48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Video Documentation A -51 Electronic Proposal Form A -52 Amended Prosecution and Progress A -53 Storm Water Pollution Prevention Plan Attachment I - Project Sign Attachment II •- Sample Computer Print -Out PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 020 SITE ASSESSMENTS & CONTROLS 020100 Survey Monuments S49 021 SITE PREPARATION 021020 021040 021080 - Site Clearing and Stripping S5 Site Grading S6 Removing Old Structures S55 022 EARTHWORK 022020 022022 022040 022060 022080 022100 022420 Excavation and Backfill for Utilities and Sewers S9 Trench Safety for Excavations Street Excavation S10 Channel Excavation S11 Embankment S13 Select Material S15 Silt Fence S97 025 ROADWAY 0252 SUBGRADES AND BASES' 025205 Pavement Repair, Curb, Gutter; Sidewalk and Driveway Replacement S54 0254 ASPHALTS AND SURFACES 025404 025412 025424 Asphalts, Oils and Emulsions S29. Prime Coat (Asphaltic Material Only) S30 Hot Mix Asphaltic Concrete Pavement (Class A) S34 TABLE OF CONTENTS PAGE 2 OF 6 0256 CONCRETE ,WORK 025608 Inlets S63 025610 Concrete Curb & Gutter S52 025612 Concrete Sidewalks and Driveways S53 025614 Concrete Curb Ramps 0258 TRAFFIC CONTROLS & DEVICES 025802 Temporary Traffic Controls During Construction 025803 Traffic Signal Adjustments 025805 Abbreviated Pavement Markings 8101 025807 Pavement Markings (Paint and Thermoplastic) S45 025813 Preformed Striping and Emblems 025816 Raised Pavement Markers and Traffic Buttons 025818 Reference- Pavement Markers (Reflectorized) (TxDOT D -9- 4200) 025828 Reference- Bituminous Adhesive for Pavement Markers (TXDOT D- 9- 6130) 026 UTILITIES 0262 GENERAL 026201 Waterline Riser Assemblies S79 026202 Hydrostatic Testing of Pressure Systems S89 026206 Ductile Iron Pipe & Fittings 881 026210 Polyvinyl Chloride Pipe 883 0264 WATERLINES 026402 Waterlines S88 026404 Water Services 026409 Tapping Sleeves and Tapping Valves S84 026411 Gate Valves for Waterlines 026416 Fire Hydrants 027 SEWERS & DRAINAGE 0272 GENERAL 027202 Manholes 0274 STORM SEWERS 027402 Reinforced Concrete Pipe Culverts 860 027404 Concrete Box Culverts 028 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding 814 028200 Mail Box Relocation 028300 Fence Relocation S12 028320 Chain Link Fence S70. 030 CONCRETE, GROUT 030020 Portland Cement Concrete S40 032020 Reinforcing. Steel 542 037040 Epoxy Compounds S44 038000 Concrete Structures S41 050 METALS 055420 Frames, Grates, Rings,& Covers S57 TABLE OF CONTENTS • PAGE.3 OF 6 PART T - TECHNICAL SPECIFICATIONS 022 EARTHWORK 022021 Control of Ground Water 025 ROADWAY 0252 SUBGRADES AND BASES 025223 Crushed Limestone Flexible Base 025225 Geogrid Reinforcement TRAFFIC SIGNS. Specification for Nikkalite Ultralite Gade II ASTM Type III "High Intensity" Reflective Sheeting Nikkalite Hi -S Cal EF -40801 (F -Cal) Overlay Film LIST OF DRAWINGS: SHEET NO. DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TITLE SHEET SHEET INDEX, AND LEGENDS GENERAL NOTES AND TESTING SCHEDULE AERIAL LOCATION MAP EXISTING WATERLINE BASE MAP EXISTING WASTEWATER LINE BASE EXISTING UTILITY BASE MAP EXTERNAL DRAINAGE AREA MAP CR 52'ORAINAGE AREA MAP HYDRAULIC CALCULATIONS HYDROLOGIC CALCULATIONS CR 52 SHEET LAYOUT & CONTROL CR 69 SHEET LAYOUT & CONTROL. QUANTITY DATA TABLES CR 52'DEMOLITION & REMOVAL CR 69-DEMOLITION & REMOVAL CR 52 DEMOLITION & REMOVAL CR 52 DEMOLITION & REMOVAL 52 DEMOLITION & REMOVAL 52 DEMOLITION & REMOVAL 52 DEMOLITION & REMOVAL 52 DEMOLITION & REMOVAL 69 DEMOLITION & REMOVAL 69 DEMOLITION & REMOVAL 69 DEMOLITION & REMOVAL 69 DEMOLITION &REMOVAL CR CR CR CR CR CR CR CR CR CR CR CR CR. CR: CR1 CR CR CR CR CR CR 52 EXISTING: AND PROPOSED 69 EXISTING AND PROPOSED 52 ROAD PLAN: AND PROFILE 52 ROAD PLUT AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN' AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE 52 ROAD PLAN AND PROFILE MAP SUMMARY SUMMARY PLAN STA 10 +00 PLAN STA 17 +00 PLAN STA 25 +00 PLAN STA 33 +00 PLAN: STATIONS PLAN STA 49 +00 PLAN STA 10 +00 PLAN STA 17 +00 PLAN STA 25 +00 PLAN STA 33 +00 TO STA 17 +00: TO STA 25 +00 TO STA 33 +00. TO STA 41 +00 41 +00 TO 49 +00 TO END TO STA 17 +00 TO STA 25 +00 TO STA 33 +00 TO END TYPICAL ROADWAY SECTIONS TYPICAL ROADWAY SECTIONS STA 10 +00 TO STA 13 +00 STA 13 +00 TO STA 17 +00 STA. 17 +00 TO STA 21 +00 STA 21 +00 TO STA.25 +00 STA 25 +00 TO STA 29 +00 STA 29 +00 TO STA 33 +00 STA 33 +00 TO STA 37 +00 STA 37 +00 TO STA 41 +00 STA 41 +00 TO STA 45 +00 STA 45 +00 TO STA 49 +00 STA 49 +00 TO STA 53+00 TABLE OF CONTENTS PAGE 4 OF 6 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 CR 52 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND CR 69 ROAD PLAN AND PROFILE PROFILE PROFILE PROFILE PROFILE PROFILE PROFILE PROFILE PROFILE STA 53 +00 STA 10 +00 STA 13 +00 STA 17 +00 STA 21 +00 STA 25 +00 STA 29 +00 STA 33 +00 STA 37 +00 TO TO TO TO TO TO TO TO TO RIVERWAY DTICH STA. 10 +00 TO 14 +00 RIVERWAY DTICH STA. 14 +00 TO 18 +00 RIVERWAY DTICH STA. 18 +00 TO 22 +00 RIVERWAY DTICH STA. 22 +00 TO END "PROPOSED 60 " RCP BEGIN TO STA. 23 +00" "PROPOSED 60 "" RCP STA. 23 +00 TO 27 +00" "PROPOSED 60 "" RCP STA. 27+00 TO END" CR 52 STORM WATER POLLUTION PREVENTION 17 +00 57 CR 52 STORM WATER POLLUTION PREVENTION 25 +00 58 CR 52 STORM WATER POLLUTION PREVENTION 33 +00 59 CR 52 STORM WATER POLLUTION' PREVENTION 41 +00 60 CR 52 STORM WATER POLLUTION PREVENTION 49 +00 61 CR 52 STORM WATER POLLUTION PREVENTION PLAN STA 62 CR 69 STORM WATER POLLUTION PREVENTION PLAN STA 17 +00 63 CR 69 STORM WATER POLLUTION PREVENTION PLAN'. STA 25 +00 64 CR 69 STORM WATER POLLUTION PREVENTION PLAN STA 33 +00 CR 69 STORM WATER POLLUTION PREVENTION PLAN STA RIVERWAY DITCH STORM WATER POLLUTION PREVENTION STORM WATER POLLUTION PREVENTION DETAILS CR 52 STRIPING & SIGNAGE PLAN CR 52 & SIGNAGE CR 52 • SIGNAGE CR 52 • SIGNAGE CR 52 END STA STA STA STA STA STA STA END 13 +00 17 +00 21 +00 25 +00 29 +00 33 +00 37 +00 PLAN STA PLAN STA PLAN STA PLAN STA PLAN STA 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 CR CR CR CR CR 52 69 69 69 69 STRIPING STRIPING STRIPING STRIPING STRIPING STRIPING STRIPING STRIPING STRIPING SIGNAGE SIGNAGE SIGNAGE SIGNAGE SIGNAGE SIGNAGE CR 52 TRAFFIC CONTROL CR 52 TRAFFIC CONTROL CR 69 TRAFFIC CONTROL CR 69 TRAFFIC CONTROL CR 69 TRAFFIC CONTROL TRAFFIC CONTROL NOTES PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN STA STA STA STA STA STA STA 10 +00 TO STA 17 +00 TO STA 25 +00 TO•STA 33 +00 TO STA 41 +00 TO STA 49 +00 - END 10 +00 TO STA 17 +00 TO STA 25 +00 TO STA 33+00 - END PLAN 10 +00 TO STA 17 +00 17 +00 TO STA 25 +00 25 +00 TO STA 33 +00 33 +00 TO STA 41 +00 41 +00 TO STA 49 +00 49 +00 TO END . 10 +00 TO STA 17 +00 STA 17 +00 TO STA 25 +00 STA 25 +00 TO STA 33 +00 STA 33 +00 TO STA END SIGNAGE PHASE I - SIGNAGE PHASE I - SIGNAGE PHASE II SIGNAGE PHASE II SIGNAGE PHASE II AND DETAILS STAGES 1 AND 2 STAGE 3 - STAGE 1 - STAGE 2 - STAGE 3 CR 52 TRAFFIC CONTROL SECTIONS BARRICADE &.CONSTRUCTION GENERAL NOTES AND REQUIREMENTS BARRICADE & CONSTRUCTION PROJECT LIMIT BARRICADE & CONSTRUCTION WORK ZONE SPEED LIMIT BARRICADE & "CONSTRUCTION TEMPORARY SIGN NOTES BARRICADE & CONSTRUCTION TYPICAL SIGN SUPPORT TABLE OF CONTENTS PAGE 5 OF 6 90 BARRICADE & CONSTRUCTION PORTABLE CHANGEABLE MESSAGE SIGN (PSMS) 91 "BARRICADE & CONSTRUCTION ARROW PANEL, REFLECTORS, WARNING LIGHTS & ATTENUATOR" 92 BARRICADE &.CONSTRUCTION CHANNELIZING DEVICES 93 BARRICADE & CONSTRUCTION CHANNELIZING DEVICES 94 BARRICADE &CONSTRUCTION CHANNELIZING DEVICES 95 BARRICADE & CONSTRUCTION PAVEMENT MARKINGS 96 BARRICADE & CONSTRUCTION PAVEMENT MARKING PATTERNS 97 CONCRETE & PAVING DETAILS 98 FENCING DETAILS .99 STANDARD DRIVEWAY DETAILS (1 of 2) 100 STANDARD .DRIVEWAY DETAILS (2 of 2) 101 CURB RAMP DETAILS 102 STORM & DRAINAGE DETAILS 103 STANDARD STORM WATER DETAILS (1 of 2) 104 STANDARD STORM WATER DETAILS (2 of 2) 105 "HORIZONTAL; INLET TYPE H WITH GRATE (MAX 48" .DIA PIPES) IL -H- G (1 OF2)" 106 "HORIZONTAL,ITLET TYPE H WITH GRATE (MAX 48"" DIA PIPES) IL -H- G (2 OF2)" 107 "SINGLE BOX:. CULVERTS PRECAST 31 -0 "" SPAN SCP -3" 108 "SINGLE BOX CULVERTS PRECAST 6' -0 "" SPAN SCP -6" 109 "SINGLE BOX CULVERTS PRECAST 8' -0 "" SPAN SCP -8" 110 "SINGLE BOX CULVERTS PRECAST 10' -0 "" SPAN SCP -10" 111 STRAIGHT :WINGS FOR 0° SKEW BOX CULVERTS SW -0 112 FLARED WINGS FOR 0% D SKEW BOX CULVERTS FW -11 113 PARALLEL WINGS FOR SKEWED AND NON- SKEWED BOX CULVERTS PW 114 SAFETY END TREATMENT FOR BOX CULVERTS TYPE I SETB -PD ( 1 OF 2) 115 SAFETY END TREATMENT FOR BOX CULVERTS TYPE I SETB -PD (2 OF 2) 116 "SAFETY END TREATMENT 12" DIA TO 72" DIA PIPE CULVERTS TYPE II SETP -PD" 117 STANDARD WATER DETAILS (1 of 5) 118 STANDARD WATER-DETAILS (3 of 5) GEOTECENICAL REPORT NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND TABLE OF CONTENTS PAGE 6 OF 6 NOTICE TO BIDDERS �a NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for COUNTY RD 52 AND COUNTY RD 69 FROM FM 624 TO US 77, (BOND 2008) Project Nos. 6471 & 6507 A. COUNTY RD 52 (Project No. 6471) This section of County Road 52 (approx. 4,388 LF) is currently a two lane rural roadway section. The County Road 52 improvements will consist of reconstruction and widening of the existing two -way, two -lane roadway to a two-way rural road section with a continuous left turn lane. The resulting pavement width will. be 38 feet across the three lane section (2 -12 ft travel lanes and 1 -14 ft left turn lane). The roadway will be constructed with a 1 -ft unpaved shoulder and a drainage ditch on each side. Additionally, a new (4'- 8'flat bottom) drainage ditch (Riverway Ditch) will be constructed from the new S'x 3'RCB at the ditch confluence at the north R.O.W. line of County Road 52, thence northerly 1400'± where the ditch will end and connect to a new 60" RCP; the. new 60" RCP will extend easterly 994'to the west R.O.W. line of U.S. Hwy 77 Frontage Road and tie into the existing drainage system. Associated improvements include the relocation of. the existing irrigation canal, pavement markings and signage; reinforced concrete storm drainage culverts; drainage ditch excavation and earthwork; seeding; and temporary traffic control; together with all appurtenances in accordance with the plans, specifications, and contract documents. B. COUNTY RD 69 (Project No. 6507) This section of County Road 69 (approx. 3,165 LF) is currently a two lane rural roadway section. The County Road 69 improvements will consist of reconstruction and widening of the existing two -way, two -lane roadway to a two -way rural road section with a continuous left turn lane. The resulting pavement width will be 32 feet across the two lane section (2 -11 ft travel lanes). The roadway will be constructed with a 5 -ft paved shoulder on each side (the existing drainage canal on the east side- to remain). Associated improvements include pavements markings and signage; reinforced concrete storm drainage culverts, including the replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 & County Road 52; minor earthwork; seeding; accessibility ramps; temporary traffic control; and relocation of one traffic signal pole & electrical box; together with all.appurtenances in accordance with the plans, specifications, and contract documents. In addition, right -of -way will be acquired adjacent to the west side of the existing right-of-way to accommodate drainage improvements. All pedestrian improvements will meet the Americans with Disabilities Act (ADA). will be received at the office of the City Secretary until 2 :00 p.m. on Wednesday, May 11, 2011 then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m., Wednesday, May 4, 2011 will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus:Christi, TX. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5t bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional. $10.00 which is a non - refundable postage /handling charge. Revised 7/5/00 The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer', "workman ", or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00, NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage following amounts is required: in the TYPE OF INSURANCE. 30 -Day Notice of Cancellation required on all certificates Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed. Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- -OWNED NON - OWNED OR RENTED $11000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500, 000 $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED X NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements ..REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880 -3500. Page 2 of 2 NOTICE TO CONTRACTORS B wORKERI s COMPENSATION IgsumsCE .REQUIREMENTS •Page of 11 TITLE 28 CHAPTER 110 SUBCIIAPtER .B RULE 010410 Texas Administrative Code INSURANCE TEXAS DEPAR ENT OP INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reportlng Requirements for Building or Constr-ucfion Projects: for GtiVeillithelittil Entities . . .. ,a) a f4tlo�iring �vor`ds and %rnis, wbim.ased_in this :rule, shat! have"�e fo�owigg.ineatiaetgs, unless the context clearly indicates otherwise Terms not defined in this rote shall;hiave the :rmeaning derived incite Texas Labor Code; Oso lefined. (1) Certificate of'covera e:(certificate: — A g � PY Q f a certificate of :tosuratice, a certificate Of authorityto self insure issued by the commission, or a workers' compensation coverag, agreement TWCC -81,, Tai CC 82, "TWCC -83, or T CCC 84), showing statutory workers' compensaijon insurance coverage for the person's or entity's employees (including those.s bject to a coverage agreement) provitting;services on a project; for the duration o :ttie project. (2) Budding orr: conction --- iHas the meaning defined in the rTes.;or §400,019`04 0).. (3)- Contractor - A person 4404 for or _award, a building pr Construction; project by a. ;goner mental. entity:. Coverage - Wo kets'°conipensateon Insurance neetingthe-Stattttoryieg rirentents of-the. `exa. Labor Eode, 0014000, , 0) Coverage agreement -- i written agreement fon TWOO-ai form Two, 2 aria TWCC 83, or forma TWCC 84,.filed: ritl fie Texas Workers' Compensation Commission which establishes a relationship betweert. the parties for purposes of the Texas Volker& •Compensat on Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters l: and G, as one of employerlemployee and establishes who wall s responsible for workers' colnpensatnon coveerage for persons providing_services on the project. (6) Duration .of the:project Includes the tune:from=thebeginning o f work oil the project until the work bn the p oject: has been: completed and accepted by the goxeriiinental entity. (7) Persons pxoviding< services on the profit ( "subeontteetor" in §4O 6,096 ofthe.Act) -With file ;exception pf rsons exclu {ded under subsections 40„:(i) of dtis;section tricIydes ail .persons or: entgtes perfoirming all or part o €:the services the - .contractor-: has undertaken #a:perform on the projec, regardless of whether that person. contracted direc y . i tl with the contractor and les of whether that person bas employees This includes. but is:hott limited to independent contractorsy_s tbcontractors, leasing onipanitkiwtortotrierg, owner operatiozs, employees of any suck entity, or employees ,o:fr.#py enti y fin trnwog persons tar perform services on the project. -Page 2 orl t "Services" includes but is not ignited to providing, hauling, otdelivering 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 - Jnc odes the provision .of all services related to a building or construction .contract for governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who Are providing services. on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes.and payroll amounts, and that all coverage agreements have been filed with the appropriate : insurance carrier or, `tn the case of a self insured; with the. commission's Division o€Seif- Insurance. Regulation. Providiiig'false or inisleadingeertificates of coverage, or failing to provide Or maintain required coverage, or failing to wort any -change that materially affects theprovision of"coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civitpenalties, or other civil actions. ::(c) A governmental.. entity' that enters into mb a building or construction contract on a project shall: (l) inc1ude in the bid.: specifications, all the provisions of paragraph (7) of this subsection, using the Ianguage required by of this subsection (2) as part ofthe contract, using • the language required by paragraph (7,) ofthissubseetion, require the.contractorto perfo .as required in subsection (d) cf this sermon; (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;.. ;(11) obtain from the contractor anew certificate of coverage showing extension ofcoverage (A) before the end ofthe. current coverage period, if the econtracto 's cnrrent certificate of coverage shows that the coverage period ends during the duration ofthe project and (B) no laterthan>seven days afterrthe expiration afthe 'Overage .fOr each other person providing services on the project whose•current certificate shows that The coverage period: ends during the duration ofthe project (5) retain certificates ofcciverage on file for the duration of the 'projeet ado for three years 'thereafter"; (6):provideca copy of the certificates °ofcoverage to the commission upon request and to any person entitled to them by law; and (7) Use theiartguage contained in the foliowtng 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 au fd) A contractor 'Shall:: (1) provide coverage tor its employees proykfingservied.sbn prOjeet, tor theduration .ofthe project based. on proper reporting:of clattifidatiOn codes and payroll amounts and filing of any coverage agreetnents; (2).proyiden certifioateolcoVerage Showing W, OrkeTtcompensation•COVerage tO the OefiztkOAtal entity prior to heginning work. on.the torojeCt, (3.) provide thk.governmenta) cntityipriorio.the :end Ofthe etriterage period, a new certificate of coverage phowing extension OfN*0401 1fthe 0.0veragegeriod*.own on the contractor's :Wife* certificate 01'0o/erase ends-doting.theauration ofthe .proJeet; (4) Obtain frOlnekelt person providing services on a ..project, and provide to the governmental ientity: -(A). certificate ofittiVeragei prior to that person beginiting*Ork tlig.IY.0-i*; „goyet3mtentalentity will have _On Ole tertilleatek.ofeoyerageOpWing coverage for persons itoifictiotAa*100.5 on tixoproloot;,00 (13). no later than seven days otoloopipt by the contractor, a new certificate of coverage ihoWing.egtensiotKofenyetme, nig coverage r period shown On the current certificate of coverage .pn443pring the duration ofthe piojoot; (5).potain aH required certificates OfpOVerageokfile for ofthe project atid...-fi* One year thereafter; (6) notlfylhe.:Wertiniental entity in writing by certified �r personal delivery, Notilitoo tIoysAor . the contractor knew .oitthOnid haikeknoWn,.ofany,changethatmateriallyaffeCts the proviSibit,OrCOVerage Or'ttrlY POsanproyit:44g services on the project; ainitite on enehprOjeet4te informing nfi:persons providing services O11 theprojectithat. fhey,ate,regnfred.,'Whe coveredeand.ttating how a person may voxify current coverage and report • failure to provide coverage. This notice *Ts- hot other po§tingtektiretrientSkipOSed.ky the Act or other commission rides This notice must be piloted with attle to at least ..gt point hold typeandtottin .a:)6at l9pointnormal 4,m and shall be in hOthEfigliSh-and: Spanish and any OW language comman to the worker poriidationAm text forthenetkes,shatjhethp. WOJEoWinateit;oecoAdeffhrthe.tommliipn on,* pato* notice, without any additional WOWS or changes: Attached Graphic (g.Coiltraetnallytegnirceach person with whom itecintriet§tO provide services on Atrajeatla; (A)prayide.eoverage baaid on OtOpertepOriting of classification codes andvyrolliankinnt§ and filing �f any coverage agreements for 'Of its employees providing services on AO project, for the duration of* project; ,(B)1.providdittortiftoato of coverage to the contractor prior lo:thdtVerkiii beginning work on . , AtiovrOjott. inelude in all :contraefaVilirOAde services owtk--gtojeottho *gunge in subsection (e)(3) ofthis Sedtkitg. Pagel: -of a 0?) prOvide the contractor; prior to the end of the, coverage period, A he* tertifidite coverage showing extension oftoVerage, the toverageperiOd shown On the qutrent certificate of CoVerage ends ditring.thO duration of the project .(fi) obtain. front each other perton With *horn it 'contracts, and provide to the contractor; (i) a Certificate of COVerage„ prior to the other person hoginning work on the.projeCt and (ID priOr to the end of the coverage period, a nal., tertificate:OfCOVerage showing egtensiOn of* coveragoperioci, lithe coverage peridd ShoWn on tile current certificate of-coverage ends dining the duration Or theproJect (p) retain ail required Certificate$ of coverage on file tar the.duration of the project and for one year thereafter; (G)notify the governniental ,entity in writing by certified mail or personal .09,1iVeTY, within ten dot :aftdr Ihd person ((new or should have. known, of anychange that inateriallyAffeeti.the proVision of: coverage of any perk* providing -ervices on the project; .044 CH) contradMally.r.eqtike eaeh coor person with -Whom 'it contraetg.„ perforra tiS required by -- .prOjedt ~ . coyerage agreements; the P6104.00 ki:begiotiipg work on "-the,prozijec this contract 4FT:providing or causingtO prtiVided A CertieCate Of coverage, the person signing this cOntraCtis repreSentingtOthetoyerinnental entity that all employees of the person ,Sitning this contiatt who will I:Told-de services the prOjed Will be.Covered•by :workers' compensation coverage .fcif the 4nratiOn Ofthe prO)04t. that the coverage will j3e.t/god 09PerTePtting"of elassification codes and 'payroll amountsi and that aittriikerage agreernents be :h..led With Abe 0), provide theperSbit ' :eoverage period shown Oo if,correAt certipeate, of coverage, a new, ceitifieate ShOWing extension Of Coverage, lithe coda& Period shOWA On the Certificate O.:Coverage ends 4gtigathp-: !ration Of the prOjecti •(5) obtain fxont each person:providing serViees project.under contract to it, and Provide as A ceitifidate.:oftoverAge, otibetO the other person beginning work:on the project; and Page s_a 11 (6) retain:011 required certificates of coverage On file fOr the duration the prOjectand for one yearthereafter; (7) .notify the governmental entity in Writing by certified mil or personal delivery, ofany change that Materially affeott:tboprovision of coverage brainy person providing services on the project and send the ,notice :Within tin days after the person knew or should have known of the change; :and contractually require each other person with whom it contracts (A) -provide 4.3.sed on proper reporting of classification odes and payroll amounts No filing ofaiDitottao agreements for all 0'4.5 :emlijoyees providing terViCes,onIlieVrO,)04; for the duration ofthe project; (B) provide a certificate ,Ofgbitetaro to it prior to that other person beginning.WOrkOh the project; (C) include in 411'..ontradS to provde services ontAe:prOket.the lan4610,141304 O(3) of this subsection; (p) pro-Vide, prior to the end ofthe period, a new 'certificate ofetiVeM- lbaking extension ofthe coverage veriodilf the coverage period shown on the current certificate of coverage ends thitiftil*AtrattOn OM* project; (E) obtain from each .94Aprperson under contract to fltWpirOY140:.$04Tkes on the project, and provide asreqUiredbyliS contract: 4.:ertitiOatc:Pf..591Mge4:p4Orlo theAbdifierSon beginning work on the project and prior tothe OftlyeeOVerage-periodia:gew ce,rgicatc.ofcoverag0h6W10gakxl'OYsiOn dtho:ovotag4vorioo,ifthe coverage period than the current tatitic*- OrectYPRZP ends 4pritIgIbe.ilUrationoftliedobtra04. (F) retain all required oertifioates,ofeoerage on file for the duration ofthe projot and for one year iheitaft; :0) Aottry:tfio governmental entity iiiiiititOkattifiea tail or personal delivery, within ten ;days after the peTratatichew or should have known, cfpny change that materially affects-the 0011400 of coverage of any person:pre:Adding services Oft :ftleprojeet and coutradnia10.ittitae each person with whom it contracts, to perform as texpletd, by this .sobparagxapb aoitssmbpayagraphs0)40.) oftbikpratagtOb,. witb the l got:igoateptcoyarage to be provided to theOrtOn for whom they atgroxidiog services. wany.vrovisito,.ottio$ no or itsappliention to anyVerkin OrtirOtarfatalf04 the invalidity does not affect other prOVISion$ Or APPlicatiOn$PrthiWInie that can 156 given Wed. without the invand provision or.Applicationi, and taihii.-did the pmvisions oftbis rule are *gated to be. severable. (g) This idle is applicable for building or constructkut contracts advertised for bid by a governmental entityon or Vier September 1, 1994.This rule is also applicable for those building or construction contracts entered into on oraftcr September 1, 1994, which are not required by law to be adycrtisbc), for bid, Page6:.tffl (I) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675; to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675e, pm. (1) The coverage requirement in this rule dries not apply to sole proprietors, partners, and corporate offtcers who meet the requirements of the Act, §406.097(c), And who are explicitly excluded from coverage in accordance with the .Act,1496.097(a) (as added by douse Bill 1089, Legislature, 1995, §1.2(/). This subsection applies only to sole proprietors, partners, and corporate executive officers *Mark excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1990: SourceNote:The.proViSibnS Ofthis 1110.1.10 a-dopt ti 1 *YSIetCthberi, 1994, 19 17014511$;jtirtott4944..0'.. tive.Noventber 6 1:995 2114.17exReg 3609 PA.0 7 ell. - .T08 1110.11olibm inontED wovag5.7 c0110ENSATION COY:E4.OE0 1,3,4 law reviii*Tihot Ot:ch person kitking On This site or provTding sweoico related th This ronitilictiiinprokciisusi be covered by Weirkerfoiskeil$4164 *Fr:Tame. 11.70 iridi0OPOPOns providing, hauling, oi 4ctiygripgequiptatiMt.:0 piegplgisi or pitnitiling labor ortrop.sportattoti or other service related to the pitojtOi, regardless Qf identity 9f their employer or stalus as an 40.0190-c," 0041 :the M.** ,FrOelscr.FTOmpeniatio.irCeotmissiOn .512-41437040.-reOivg Mforinetkiki on the legal rgortrementjo coverage 10 verify whetheijx: itiromployer has. proviekaithe required Mgrqgei or to report an proployerf.SfilltifrOpeOge:coveriggC" 1 10. I 0(0(7). •winkle . Workers' Compensation Ins-urance Coverage. A.. De/WOO rn: :Certificate ofcoverage (''certifieate,- A.COpy.OfaertfficTate-ofinstotince, a eertifiote of 4thoriO to seiRnsure issued by vominissiorr, or acoverage agreement (TWCC-81, TWCC," 82, TWCC43, or TWCC,81),ShoWingSkitittOryWOrkers' compensationinsOrtinee coverage fOr „the Person's or entititloptekyees proyiliffig services on o project, for the •oration ofthe project_ Duration oftheprojeet.4nOludes.thetirne.,frorn the beginning ofthemorkon theprofee t until the contitetorWpersines Work on the project hoihen onojeteelogt acceptedby the ;ova:trim red Personsproviding.servicesonlhe.proje ..('.sitbcontittetOriqnS406..02.6) includes -an 00$0-* 0.010110,00forsolgo:.oppiwy pyk.offig-pcym.pc,tw has vAciproko.:0 perform on 'the project,, regardless. ofWhabertheitfieriOiteontraCted.elireetkOith:theOintrOcioriare rogordlesS: of fklother:thotorsop has employees ThisirighOtes; vOlopftimitcOion, Wepeodent contraCtors, subcontractorsdeasingrOMpOnieS, motor ,carriers, owner-operators, employee .vof any meh ado; or employ:OS ofany :entitywhiChfiatshesperang 10 .provi4eservicg pp.* project VerVicesPineluele, witheut g equipment or niale,rialt2 Or provi:dingstabor, rtrailvortoion, or other service-related •:a•project 1*rvicest". does nonnchide activities unrelated 10 theprOjeCt. suck iiifOoilibeVerh vendors, .office supply ". .4.10010; 4idikkiwyofportOtelow -13:. The contractor 0011:proy lag coverage, basedonpi oper reportingofdassificationcodes- and payroll amounts, andfilingqcoy oofio4&prieelitent.t.Ohich•Mat$ iho,tototoeyrookoileto ofroos Labor rack Section 409116frilforz41:-omploygo of the.contractorproviclingtservices on the project, for .:the .duration Of thefirOlea C. The Contractor nnistprOVide a certetote,,of oove:higelo .thegowenogntal 01200, ow to bqing..oitordod tlie.contract. A Vthe coverage period shown on the contractOrts current Oder:Cate: ofcoverage the thkotiotbithepeoleot the contractor mug opt 10 the,entloithopoverogepgrip4file. a toircerfificeie ofcoverage with the governmentatenti6!•shciivinglhatOoVerage has been 01.01410d R. The otortierok-shon obtain or:each personproviOng services on gproject; an(lprovide 4). :the governmental en*: Pia cell** ofcoverage, prior -10 that person beginning work omthe project, so the sovornmenta ow will hove onftle cotOcoto of towo" e-4hownocowtoojeot:etgp.eroon,y proviilingsopkoon:tileproject; onpf (2) no later tAopoyegrlays-xriter receipt bythe;ontractor; a new :certificate :ofcoverage ShowingetteriSion!o/eoverage, ifthe 61i010*4;0,eilod. ih0-00 on 0:10 current col:M*0 opgrogo Mong o„.eltaxii410/*/,..4./got; P40:9 „a 1.,1 F. The contractor retain 4311. reggite4 certifIcale$ eco)erqs*hr-fbe durfg104 of tbe projec't jeroneyearrhereafter. a The contractor shall no* thegeverninental .000 in Writing byeektifled mail iirperSenal deliV00, *thin 10 dap:oftoe the cargracrar knew or should :haw known, :pretty change. that materially reeds the provision of coverageefeny perSon previdingservIcei onthe profee.t. H. :Thecentr actor shallpest en each Object Site .arielick 010 reA poi andmann pregribed by the Texas Workers' cOmpensatiert.cOnanksIon, infarinintall persensp-roviding. :services on'theproject that they are . reqUired to be C.eVered end mating helve person may aVerage arid report lack Ofwerage. The OntractershallcontractUalkrequire each with whorn it contract: provide ,servicesan- aprojecr,10. .• (1) provide coverage,: basedonfiroper reporting ofelo*Icatio.i4040 444001:011 .00000 and filing .efany coverage agreements,-Whigh meets th e.;syctiurety requirements ofTexcq Labor Cede, ection :01 aftti .etile*ekproVidingsehfiCeSoitthoptojeoz.fie me duraf,on of me.eolgot; Iv pro* 1o.lhp:omtrixt9r1 priorto,thatp.erson 't■eginningiverkentheprojec4 .a certificate of coverage 4.4o*mg-mot coverage is keintprok1010,011 .empipAo ofoopg4to# poi Ong ogr vim on .010pro.004 firtfie .00.01.1o0 of the prefect; ()prevideithe.contracter, prierrivlhe lend efthe CoVeragelieriot a new eokliato oft000hyd: .41iomnig xt.eneopvfoonigt: .)1 ovoroso 10104 shown on the.:orrrenicerlificate of coverage ends •duringthe duration aftheprojeet- (4). ebitiin„freni-edoh oiherperscrn with oho/ it contracts, andprovzde o ihe 000.1.e.tioto., to .12 certificate .efeeverage; prior lathe .o.therperSair beginitint Werkeifthe..PtajeCt and Ih) anew .cedijkate 4fOovetake,thowivotottjaii of povot*, t)d4fth 0:0*.rifw oriot.,iftio::,povo74goperioeToo*#0.4.:11o"purrpg certificate ofreverage ends chrringlhe .dutitflon efthe *eject; (5) retain all =required cer tificares,efroveregeonfile ;ler the.dureition ..ofth eprOjectrandife yo-ethotocifion. 2(6) torifi, tho._goortargrital gptOinliyiting kycprtijk ;4401 orpersonal -delitry;within 10 days after .icheii-orAtdrid have /00*A arany.Chaitge that motodo10ii-ofieto. Ole pmigtion,ofoligeggo.ofaily.por,TopproyMiag.-,sgrvices-aktigprojgt; and .17) colgraptygTht reguire:gadyorsop ro-ft whom :licentraelii:rapetform asrequired'hy paragraphs (j)::, (7), with orlykeiloofoovorogem leprovided o-tho p..e.,.401Orylion.rney tareproViding services Bksigningthil.cantraci or-providing Or ceasing re be prowded ,00t ifiatte ofOovotege, the :contractor s representing to thkgoopooatai*#.0,41at all opplaygo.oft4 contractor :09 willprovideservicesertihepreject will be covered by workers' caiiipeithatia)16ivekak4foi The :itutatiatrafilieprojec4 Matti* ?ookeggio-olitio.hosotoh. peoogrmonifig:of.40000.004 codes icOprooroll amounts; and 11;44 coverage agreements milt& filed:with the appropriate .inSurance carrier:or, in thecase ofa sell-in Vored,.*fit: tbo.:40motisomapix400.0,6011, Page I of 11 n 010:44trgiVO P412:4111.0i 041#61014.4.0.1.0.4% POPAItties, Or other 40.0401.07.4 cordretOtOr-W.hieh entitles. the*OVerninental intit to declare the contract' void Vibe contractor governmentatentiok rago 1.1 y_, PART A SPECIAL PROVISIONS L COUNTY RD. 52 AND COUNTY RD. 69 (FROM F.M. 624 TO U.S. HWY. 77) (BOND 2008) PROJECT NOs. 6471 & 6507 PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the Project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2 :00 p.m., Wednesday, May 11, 2011. 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 - COUNTY ROAD 52 AND COUNTY ROAD 69 (FROM F.M. 624.TO U.S. HWY. 77)(BOND 2008) PROJECT NOs. 6471 & 6507 Any proposals not physically in possession of the City Secretary's Office at the time and date of the bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal., by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the city Secretary's office prior to the date and time of the bid opening. A pre -bid meeting will be held on Wednesday, May 4, 2011 beginning at 10:00 A.M. The meeting will convene at the Engineering Services Main Conference. Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX, and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project County Road 52 (from C.R. 69 to U.S. HWY. 77)- Project No. 6471 This section of County Road 52 (approx. 4,388 LF) is currently a two lane rural . roadway section. The County Road 52 improvements will consist of reconstruction and widening of the existing two -way, two -lane roadway to a two -way rural road section with a continuous left turn lane. The resulting pavement width will be 38 feet across the three lane section (2 -12 ft travel lanes and 1 -14 ft left turn lane). The roadway will be constructed with a 1 -ft unpaved shoulder and a drainage ditch on each side. Additionally, a new (4'- 8'flat bottom) drainage ditch (Riverway Ditch) will be constructed from the new 8'x 3'RCB at the ditch confluence at the north R.O.W. line of County Road 52, thence northerly 1400'± where the ditch will end and connect to a new 60" RCP; the new 60" RCP will extend. easterly 994'to the west R.O.W. line of U.S. Hwy 77 Frontage Road and tie into, the existing drainage system. Section A — SP Page 1 of 27 (Revised 9/18/00) Associated improvements include the relocation of the existing irrigation canal, pavement markings and signage; reinforced concrete storm drainage culverts; drainage ditch excavation and earthwork; seeding; and temporary traffic control; together with all appurtenances in accordance with the plans, specifications, and contract documents. County Road 69 (from C.R. 52 to F.M. 624) - Project No. 6507 This section of County Road 69 (approx. 3,165 LF) is currently a two lane rural roadway section. The County Road 69 improvements will consist of reconstruction and widening of the existing two -way, two -lane roadway to a two -way rural road section with a continuous left turn lane. The resulting pavement width will be 32 feet across the two lane section (2 -11 ft travel lanes). The roadway will be constructed with a 5 -ft paved shoulder on each side (the existing drainage'canal on the east side- to remain). Associated improvements include pavements markings and signage; reinforced concrete storm drainage culverts, including the replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 & County Road 52; minor earthwork; seeding; accessibility ramps; temporary traffic control; and relocation of one traffic signal pole & electrical box; together with all appurtenances in accordance with the plans, specifications, and contract documents. In addition, right -of -way will be acquired adjacent to the west side of the existing right -of -way to accommodate drainage improvements. All pedestrian improvements will meet the Americans with Disabilities Act (ADA). A -4 Method of Award The bids will be evaluated based on the following order of priority, subject to the availability of funds: 1. Total Base Bid Base Bid consists of all elements of the proposed work not specifically designated as an additive alternate or work to be performed by others. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5°s Bid Bond (Must reference COUNTY RD 52 AND COUNTY RD 69 (FROM F.M.624 TO U.S. HWY. 77)(BOND 200S)- PROJECT NOs. 6471 & 6507 as identified in the Proposal.) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) *In order to expedite the A /E's recommendations for award, Bidders are to provide the requested information with their Proposal. A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet deadlines for completion of each phase of Section A — SP Page 2 of 27 (Revised 9/18/00) construction shown. below. The project has been divided into two(2) phases. The Contractor is required to complete each phase before proceeding to any other phase, unless written authorization is given by the City Engineer to deviate from the sequence of construction. Time duration for construction is allocated for each phase, and if the work in that phase is not complete as shown below, liquidated damages will be assessed for each day that the work is not completed. Time duration for each phase is not transferable. The working time for completion of the entire Project (Phases I & II) will be 300 Calendar days. Each phase of the Project shall be completed within the number of calendar days or dates allocated below. Detailed descriptions of the phases are provided on the contract drawings as indicated below: From Day One* PHASE I (Reference Sheets 78,79,83,84) 195 Calendar Days County Rd 52 (Project No. 6471) Stage 1 - South portion of proposed County Road 52 (Sta. 10 +58 to end) 1. Maintain two -way traffic on existing roadway. 2. Install/ construct improvements on south side of proposed roadway within this work area. 3. Construct south portion of proposed roadway (26' wide section). 4. Place temporary pavement markings. 5. Install traffic signage within this work area. Stage 2 - North portion of proposed County Road 52 (sta. 10 +58 to end) 1. Place two -way traffic on completed south portion of roadway. 2. Close and demo existing roadway section. 3. Install/ construct storm water improvements on north side of proposed roadway within this work area. 4. Construct north portion of proposed roadway (12' wide section). 5. Place permanent pavement markings and raised pavement markings for Stages 1 & 2 of Phase I. 6. Install traffic signage within this work area. 7. Remove traffic control devices and open roadway to traffic. Stage 3 - North of the North R.O.W. line of County Road 52 1. Install 994' of 60" RCP from the west R.O.W. line of U.S. Hwy 77 Frontage Road, thence westerly to the D.S. end of the new (4' -8' flat bottom) drainage ditch ( Riverway Ditch). 2. Construct (4' -8' flat bottom)drainage ditch (Riverway Ditch) southerly 1400'± from the U.S. end of the new 60" RCP to the new 8'x 4' RCB at the north R.O.W. line of County Road 52. Note: Construction of Stage 3 can begin at the same time as Stage 2. * Start of Phase I is delineated by the Notice to Proceed. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. Section A — SP Page 3 of 27 (Revised 9/18/003 From Start of'Phase ** PHASE II (Reference Sheets 80,81,82,83) 105 Calendar Days County Rd 69 (Project No. 6507) Stage 1 - County Road 69 (intersection with County Road 52) 1. Close all traffic to County Road 52 and County Road 69 intersection. Detour north bound traffic east on CR 50 to US 77. Detour south bound traffic east on FM 624 to US 77. 2. Install storm water improvements within limits of work area. 3. Construct road section at intersection east to Sta. 10 +75 on County Road 52 and north to Sta. 10 +75 on County Road 69. 4. Place temporary pavement markings. 5. Install traffic signage within this work area. 6. Remove traffic control devices and open intersection to traffic. Stage 2 - South portion of proposed County Road 69 (Sta. 10+75 to Sta. 18 +30) 1. Close traffic to south portion of County Road 69. Detour north bound traffic east on County Road 52 to US 77. Detour south bound traffic east on FM 624 to US 77. 2. Install storm water improvements within this work area. 3. Construct roadway section (32' wide). 4. Place temporary pavement markings. 5. Install traffic signage within this work area. Stage 3 -- North portion of proposed County Road 69 (Sta. 18 +30 to end) 1. Close traffic to north portion of County Road 69. Continue to detour north bound traffic east on County Road 52 to US 77 and south bound traffic east on FM 624 to US 77. 2. Install storm water improvements within this work area. 3. Re- locate signal poles & electrical at intersection of County Road 69 and FM 624. 4. Construct roadway section (32' wide). 5. Place permanent pavement markings and raised pavement markings for Stages 1, 2, & 3 of Phase II. 6. Install traffic signage within work area. 7. Remove traffic control devices and open roadway to traffic. 8. Project closeout for Phases I & II. * *Start of the Phase is delineated by the setting up of traffic control devices and first day of traffic diversion. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 3 Days April 3 Days August 4 Days December 3 Days Section A — SP Page 4 of 27 (Revised 9/18/00) This project is essentially a construction contract for a period of 1170 Calendar Days, as detailed elsewhere in the contract documents. Damages for exceeding the total time allotted shall be independent of damages assessed for each phase, as described above. 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 for each phase and the total contract duration, or after such time period as extended pursuant to other provisions of this Contract, $400.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty bi.t as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimates the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in. this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. Section A — SP Page 5 of 27 (Revised 9/18/00) A -10 Wage Rates Labor preference Highway. In case (Revised 7/5/00) and wage rates for Construction Type(s): Heavy and Heavy and of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces.County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less -than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, "Definition of Terms", and Section B -7 -6, "Working Hours".) A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty - eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One -Call System DIG TESS at 1 -800 -344 -8377, the Lone Star Notification Company at 1 -800- 669 -8344, and Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed: • City Engineer 826 -3500 Project Engineer 826 -3500 A/E Project Engineer, Michelle A. Patton, P.E. Maverick Engineering, Inc. 696 -3500 Streets & Solid Waste Services 826 -1940 Traffic Engineer 826 -3547 Police Department 886 -2600 Water Department S26 -1881 Wastewater Services Department 826 -1800 Gas Department 885 -6900 Storm Water Department 826 -1875 Parks & Recreation Department American Electric Power Co. (AEP) Southwestern Bell Telephone Co. (SBC) Signal /Fiber Optic Locate Cablevision ACSI (Fiber Optic) Century Tel ChoiceCom (Fiber Optic) fax: 696 -3599 (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) 826 -3461 1 -877- 373 - 4858 ..881 -2511 (1- 800 -824 -4424 after hours) 826 -1946 857 -1960 857 -5000 (857 -5060 after hours) 887 -9200 (Pager 800 -724 -3624) 225/214 -1169 (225/229- 3202(M)) 881 -5767 (Pager 850 -2981) Section A — SP Page 6 of 27 (Revised 9118/00) ti� CAPROCK (Fiber Optic) 512/935 -0958 (Mobile) Brooks Fiber Optic (MAN) 972/753 -4355 Time Warner 361- 698 -6229 Verizon Communications' 361- 767 -0537 A -12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown or not shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), .flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface, and the Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. All- weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile of suitable material on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply: with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All coots for traffic control arc considered cuboidiary, therefore, no direct payment will be made to Contractor. Section A — SP Page 7 of 27 (Revised 9 /18 /00) A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb lines must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewers is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the various, bid items; therefore, no direct payment will be made to the Contractor. A -16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to the Contractor. A -17 Field Office The Contractor must furnish the City Engineer or his representative with a field office. at the construction site. The field office must contain at least 120 square . feet of useable space. The field office must be air - conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60" and two (2) chairs. The Contractor shall move the field office on the site as required by the City .Engineer or his representative. The field office must be furnished with a telephone (with 24 -hour per day. answering service) and FAX machine paid for by the. Contractor. There is no separate pay item for the field office. A -18 Schedule and Sequence of Construction To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet deadlines for completion of each phase of construction shown below. The project has been divided into two (2) phases. The Contractor is required to complete each phase before proceeding to any other phase, unless written authorization is given by the City ]engineer to deviate from the sequence of construction. Time duration for construction is allocated for each phase, and if the work in that phase is not complete as shown below, liquidated damages will be assessed for each day that the work is not completed. Time duration for each phase is not transferable. The working time for completion of the entire Project(Phases I & II) will be 300 calendar days. Section A — SP Page 8 of 27 (Revised 9/18/00) The Contractor shall submit to the City Engineer a work plan based on calendar days for construction of the entire project and broken down into construction for each phase. This plan must detail the schedule of work for each construction phase and shall be structured to meet all of the requirements specified in Section A -6 "Time of Completion /Liquidated Damages ", and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The Contractor shall furnish a Construction Schedule for the following phases of work (detailed descriptions of the stages are provided on the contract drawings as indicated below): From Day One* PHASE I (Reference Sheets 78,79,83,84) 195 Calendar Days County Rd 52 (Project No. 6471) Stage 1 - South portion of proposed County Road 52 (Sta. 10 +75 to end) 1. Maintain two -way traffic on existing roadway. 2. Install/ construct storm water improvements on south side of proposed roadway within this work area. 3. Construct south portion of proposed roadway (26' wide section). 4. Place temporary pavement markings. 5. Install traffic signage within this work area. Stage 2 - North portion of proposed County Road 52 (sta. 10 +75 to end) 1. Place two -way traffic on.completed south portion of roadway. 2. Close and demo existing roadway section. 3. Install/ construct storm water improvements on north side of proposed roadway within this work area. 4. Construct north portion of proposed roadway (12' wide section): 5. Place permanent:pavement markings and raised pavement markings for Stages 1 & 2 of Phase 1. 6. Install traffic signage within this work area. 7. Remove traffic control devices and open roadway to traffic. Stage 3 -- North of the North R.O.W. line of County Road 52 1. Install 994' of 60" RCP from the west R.O.W. line of U.S. Hwy 77 Frontage Road, thence westerly to the D.S. end of the new (4' -8' flat bottom) drainage ditch (Riverway Ditch). 2. Construct (4' -8' flat bottom)drainage ditch ( Riverway Ditch) southerly 1400'± from the U.S. end of the new 60" RCP to the new. 8'x 4' RCB at the north R.O.W. line of County Road 52. Note: Construction of Stage 3 can begin at the same time as Stage 2 * Start of Phase I is delineated by the Notice to Proceed. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. From Start of.Phase ** PHASE II (Reference Sheets 80,81,82,83) 105 Calendar Days County Rd 69 (Project No. 6507) Stage 1 - County Road 69 (intersection with County Road 52) 1. Close all traffic to County Road 52 and County Road 69 intersection. Detour north bound traffic east on CR 50 to US 77. Detour south bound traffic east on FM 624 to US 77. 2. Install storm water improvements within limits of work area. 3. Construct road section at intersection east to Sta. 10 +75 on County Road 52 and north to Sta. 10 +75 on County Road 69. 4. Place temporary pavement markings. 5. Install traffic signage within this work area. Section A — SP Page 9 of 27 (Revised 9118/00) 6. Remove traffic control devices and open intersection to traffic. Stage 2 - South portion of proposed County Road 69 (Sta. 10 +75 to Sta. 18 +30) 1. Close traffic to south portion of County Road 69. Detour north bound traffic east on County Road 52 to US 77. Detour south bound traffic east on FM 624 to US 77. •2. Install storm water improvements within this work area. 3. Construct roadway section (32' wide). 4. Place temporary pavement markings. 5. Install traffic signage within this work area. Stage 3 - North portion of proposed County Road 69 (Sta. 18 +30 to end) 1. Close traffic to north portion of County Road 69. Continue to detour north bound traffic east on County Road 52 to US 77 and south bound traffic east on PM 624 to US 77. 2. Install storm water improvements within this work area. 3. Re- locate signal poles & electrical at intersection of County Road 69 and FM 624. 4. Construct roadway section (32' wide). 5. Place permanent pavement markings and raised pavement markings for Stages 1, 2, & 3 of Phase II. 6. Install traffic signage within work area. 7. Remove traffic control devices and open roadway to traffic. 8. Project closeout for Phases I & 11. * *Start of the Phase is delineated by the netting up of traffic control devices and first day of traffic diversion. Completion shall be based on satisfactory work, completed in accordance with the plans, specifications, and other contract documents and accepted by the City. The plan must also indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre- Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals for the entire project. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Monthly Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence and in such manner as shall be the most conducive to economy of construction, subject to the following conditions: A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. E. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. Section A — SP Page 10 of 27 (Revised 9/18/00) C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) benchmarks, required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or benchmark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or benchmarks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to . the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. The Contractor shall provide the following certification fo'r documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Surveyor ( R.P.L.S.) licensed in the State of Texas, retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor 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 max.; • Edge of pavement - both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; All intersecting linca in manholca; Caning Section A _ SP Page 11 of 27 (Revised 9/18/00) Water: • All top of valve boxes; • Valve vault rims; • Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; " • Top and bottom /flowline of all ditches on a 200' interval; • Top and flowline of other drainage structures within the project limits headwalls, inlets) A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer_ The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must install two (2) Project signs as furnished by the City and as indicated in Attachment 1. The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The locations of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy. (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Section A — SP Page 12 of 27 (Revised 9/18/00) Blacks, Mexican - Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Section A — SP Page 13 of 27 (Revised 9 /18/00) Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion, of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED} The Contractor shall aosurc the appropriate building inspections by the Building Inspection— Division at the various intcrvala of work for which a permit in required and to assure a final ieepection after thc building in completed and ready for occupancy. Contractor must obtain thc Certificate of Occupancy, when appli able. must pay all fees and chargee levied by thc City's Building Inspection Departmentr and all other City fees, including watcr /wantcwater meter feed and tap fees as required by City. A -24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. Al]. bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified Section A — SP Page 14 of 27 (Revised 9118/00) through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall .designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) -Section B G 22, "Tax Exemption Provision ", is deleted in its entirety and the following °ubotitutcd in lice. thereof. "Contracts for improvements to real property awarded by the City of Corpus Christi do not qualify for cxcmptionb of Sales, Excioc, and Uoc Taxes unless thc Contractor 3, Tax Adminiotration of Title 34, Public Finance of the Tcxaa Adminiotrativc Code, or such other rules or regulations as may be promulgated by the C mptr ller of Public Account° of Texas. If thc Contractor elect° to operate under a ocparatcd contract, he shall: 1. Obtain thc neccooary oalco tax permito from thc State Comptroller. 2. Identify in thc appropriate apace on thc "Statement of Materials and Other Chargco" in the proposal form the coat of matcrialo physically incorporated inte the Pefect. - value of matcrialo. for all Salc°, Excise, and Uoc Taxco applicable to thin Project. -Subcontractors arc eligible for oalcs tax exemption° if thc subcontractor also certificate to hio oupplicr.n A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contracts Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Section A — SP Page 15 of 27 (Revised 9/18/00) 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract Documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the General Provisions, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For .contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the General Provisions, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) amended to include: policies providing ouch insurance coverage. A -28 Considerations for Contract Award and Execution To . allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and Section A — SP Page 16 of 27 (Revised 9/18/00) 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation . why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily be limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to Section B -7 -13 of the General Provisions. Section A - SP Page 17 of 27 (Revised 9118100) 1 A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -1 "Consideration of Contract ", add the following text: "Bidders(based on the Total Base Bid , subject to the availability of funds) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration; 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith . effort has, in fact, been made to meet said requirements but that meeting such 'requirements is not reasonably possible; 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13 of the General Provisions; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to Special Provision A -28 concerning "Considerations for Contract Award and Execution" and Special Provision A -29 concerning "Contractor's Field Administration Staff "; 9. Documentation as required by Special Provision A-35-K, if applicable; 10. Submit in letter form, information identifying type of entity and state (i.e. Texas or other state), Corporation or Partnership, and name(s) and Title(s) of Section A — SP Page 18 of27 (Revised 9 /18 /00) individual(s) authorized to execute contracts on behalf of said entity." A -31 Amended "Policy on Extra Work and Change Orders" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -8 -5 "Policy on Extra Work and Change Orders", the present text is deleted and replaced with the following: "Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council." A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -3 -5 "Execution of Contract ", add the following: "The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor." A -33 Conditions of Work Each bidder must familiarize himself completion of the Project. Failure obligation to carry out the provisions attend the Pre -Bid Meeting referred to fully with the conditions relating to the to do so will not excuse a bidder of his of this Contract. Contractor is reminded-to in Specia]. Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract Documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications, and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Transportation. "Standard Specifications for Construction of Highways, Streets and Bridges ", ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Repiirements (NOT USED) A. Visitor /Contractor Oricntatk n Prior to performing work at any City water facility, the Contractor, his conducted by the City Water Department Personnel. A Vioitor /Contractor Cafcty Orientation Program will be offered by authorized City Water Department perooanel win any City water facility. For additional information refer to Attachment -1. Section A — SP Page 19 of 27 (Revised 9/18/00) The Contractor shall not start, operate, or atop any pump, motor, valvc, equipment, C. Protection ef Watcr Quality Contractor ohall protcet thc quality of the water in thc job oitc and ohall water. D. Conformity with ANSI /NCF Ctandard 61 Etandard Specifications. Thc Contractor shall providc thc - Engineer with copied ef written proof of 1 C E- /NSF Standard 61 approval for all materials which eould conic into contact with potable water. All trash generated by the Contractor or hig employees, agento, or aulacontraetera must bc contained at all timed at the water fae3 -ity site. Slowing trash will not be allowed. Thc Contractor ohall keep words areaa eleaa at all timco and rcmove all trash daily. bluc, or white. Bach employee uniform must provide company namc and individual cmpleycc identification. C. Contractor ohall providc tcicphonco for Contractor peroonncl. Plant tcicphonco arc not available for Contractor uac. own sanitary facilities. J. All Contractor vehicles must be parked at designated cite, ao designated by City Watcr Department staff. All Contractor vehicico must bc clearly labeled with Department peraonncl during emergency cvacuation. K. Contractor Qualificati-ono SCZIDA (SUPERVISORY CONTROL AND DATA ACQUISITION) Section. A - SP Page 24 of 27 (Revised 9/18/00) Any work to the computer based- monitoring and control syatcm muot bc performcd only by geaified technical and oupervioory peroonnel, ao determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, . Z - - programming, customizing, debugging, calibrating, or placing in operation all to dcmonatrate thc following; rcquircd in this Contract on at leapt thrcc prior projects. d.Hc empl yo a Rcgiotcrcd Professional Tnginecr, a Control Syotcmo Engineer, or an Elcctrioal Engineer to oupervioc or perform the work required by these apccifitiono . S.Uc cmployo peroonncl on thio Projcct who have oucccoafully complctcd a manufacturer's training cou*oe in cenfig ,ring and implementing the specific computero, RTUS'o, and ooftwarc proposed for thc Contract. 7. He ohall furnish cquipmcnt which io thc product of one manufacturer to thc maximum practical extent. Whcrc this is not practical, all cquipmcnt of a given typc will bc thc product of one manufacturcr. 8.Prior performance at thc 0.. N. Stcvcno Watcr Trcatmcnt Plant will bc used in evaluating which Contractor or oubcontractor programs thc new work for thio Project. 9.Thc Contractor ohall producc all fillcd out programming blocko rcquircd to chow thc programming ao nccdcd and required, to add thcoc two ayotcmo to the cxioting City SCZDA oyatcm. Attachcd io an example of the rcquircd programming blocks which thc City rcquirco to be fillcd in and given to thc City Engineer with all changeo made during thc programming phase Thc attached ohcct io an example and to not intended to show all of thc required sheets. Thc Contractor will provide all programming blocko uocd. L. Trenching Requirements All trenching for thio rrojcct at thc 0. N. Stcvcno Watcr Treatment Plant ohall be performed using a backhoc or hand digging duc to thc number of cxioting underground obstruction. No trenching machincs ohall bc allowed on thc Projcct. A -36 Other Submittals (Revised 9/18/00) 1. Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number of copies required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section, and sequentially Section A — SP Page 21 of 27 (Revised 9/18/00) number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. 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. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g Variations: Contractor must identify any proposed variations from the Contract Documents and any Product or system limitations which may be detrimental to the successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by the City Engineer and clearly identify all changes made since previous submittal. j- Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, through Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report: When specified in the Standard or Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the Project. A -37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", Section B -6 -15 "Arrangement and Charge for Water Furnished by the City", add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." Section A — SP Page 22 of 27 (Revised 9 /18/00) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors -S" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) "-- A -40 Amendment to Section B -8 -6: "'Partial Estimates" "General Provisions and Requirements for Municipal Construction Contracts" Section B -8 -6 "Partial Estimates" is amended to provide that approximate estimates from which partial payments will be calculated will not include the net. invoice value of acceptable, non- perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and /or jobs. A -43 Amended "indemnification and Hold Harmless" (9/98) _ Under "General Provisions and Requirements. for Municipal Construction Contracts ", Section B -6 -21 "Indemnification and Hold Harmless ", text is deleted in its entirety and the following is substituted in lieu thereof: "The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the Contract or in connection therewith by the Contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the City, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the Contractor, or any subcontractor, supplier or materialman." Section A -- SP Page 23 of 27 (Revised 9/18/00) A -44 Change Orders (4/26/99) Should a change order(s) be required by the Engineer, the Contractor shall furnish the Engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, subcontractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A -45 As-Built Dimensions and Drawings (7/5/00) 1. The Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 2. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: a. Horizontal and vertical dimensions due to substitutions /field changes. b. Changes in equipment and dimensions due to substitutions. c. "Namcplatc" data on all inotcllcd cquipmcnt. d. Deletions, additions, and changes to the scope of work. e. Any other changes made. A -46 Disposal of Highly Chlorinated Water (7 /5/00) 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 for 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. The Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre - Construction Exploratory Excavations (7/5/00) Prior to any construction whatsoever on the Project, the Contractor shall excavate and expose all existing pipelines of the Project that cross within twenty feet (20') of proposed pipelines of the Project, and the Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the Project, the Contractor shall excavate and expose said existing pipelines at a maximum spacing of 300 feet O.C., and the Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 feet O.C. maximum intervals. The Contractor shall then prepare a report and submit it to the City for approval indicating the owner of pipelines excavated and surveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. Section A — SP Page 24 of 27 (Revised 9/18/00) The Contractor shall perform no construction work on the Project until all exploratory excavations have been made in their entirety, the results thereof reported to the Engineer, and Contractor has received Engineer's approval of the report. Exploratory excavations shall not be paid for separately, but shall be considered subsidiary to items that require excavations. Any pavement repairs associated with exploratory excavations shall be paid for according to the established unit price(s) for pavement repair. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) The Contractor shall comply fully with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. The Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of its employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. The Contractor shall coordinate his work with A.E.P. and inform A.E.P. of its construction schedule with regard to said overhead lines. Coordinate with appropriate company if other than A.E.P. Some overhead lines may be shown in the construction plans, while others are not shown. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown on the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and. Requirements for Municipal Construction Contracts ", Section B -8 -11 "Maintenance Guaranty °, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary sewer) and storm water lines and manholes installed on this. Project. All inspections shall be made in accordance with Standard Specification Section 027611 "Television Inspection of Conduits ". A -51 Electronic Proposal Form "General Provisions and Requirements for Municipal Construction Contracts° Section B -2 -7 "Preparation of Proposal" is amended as follows: The bidder has the option of submitting a computer - generated print -out, in lieu of the Proposal Form (Pages 3 through 16, inclusive). The print -out shall list.all bid items (including any additive or deductive alternates) contained on the Proposal Form (Pages 3 through 13, inclusive). The print -out shall be substantially in the form shown on Attachment II. If the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1, 2, 17, 18, 19, 20 and 21. Section A — SP Page 25 of 27 (Revised 9118/00) In addition, the print -out shall contain the following statement and signature, after the last bid item: "(Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including any additive or deductive alternates) contained on the Proposal Form are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print -out. (Bidder) acknowledges and agrees that the Total Bid amount shown will be read as its Total Bid and further agrees that the official Total Bid amount will be determined by multiplying the unit bid price (Column IV) shown on this print -out by the respective estimated quantities shown on the Proposal Form (Column II) and then totaling the extended amounts." (Signature) (Title) (Date) J A -52 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -7 Prosecution and Progress, add the following: "Funds are appropriated by the City on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract. A -53 Storm Water Pollution Prevention Plan This project is required to have a Notice of Intent (NOI) submitted as Part II.D of the TPDES General Permit No. TXR150000. The contractor will be required to submit a NOI along with the appropriate fee, and complete Construction site Notice for this project. The contractor is required to provide copies of the NOI and Construction Site Notice to the City prior to commencement of any construction activities. The contractor is also required to post a signed copy of the NOI and construction site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents. LL Section A — SP Page 26 of 27 (Revised 9/18/00) 1 SUBMITTAL TRANSMITTAL FORM PROJECT: County Rd 52 and County Rd 69 (from FM 624 to US 77)(Bond 2008) Project Nos. 6471 & 6507 OWNER: City of Corpus Christi ENGINEER: Maverick Engineering, Inc. CONTRACTOR: SUBMITTAL DATE: APPLICABLE SPECIFICATION OR DRAWING Section 025223 Tech. Spec. Section 025300 Tech. Spec. Section 025400 Section 025412 Section 025424 Section 025802 Section 025807 Section 027402 Section 027404 Section 030020 Section 032020 Section 055420 SUBMITTAL NUMBER: SUBMITTAL Crushed Limestone Flexible Base Geogrid Reinforcement Asphalts, Oils, and Emulsions Prime Coat (Asphaltic Material Only) Rot -Mix Asphaltic Concrete Pavement Traffic Control and Devices Pavement Markings Reinforced Concrete Pipe Culverts Concrete Box Culverts Portland Cement Concrete Mix Design Reinforcing Steel Frames, Grates, Rings, & Covers Section A — SP Page 27 of 27 (Revised 9/18/00) ,--J ', 1 43-0" 1 BOND 2008 ATTACHMENT NO. 1 J rr ttaia■igER2Alifilattir-Oiir /hi:4kt Akii.virii*eiminthir6ArtituliAA •C16**0-.1.4-* . -6enuRc6.1. r(77."A"f 3.!1! Atb-VnialiealtrOciosOciliPI-Dt0 -sib4cloAsinfav!itcgims .wTossweiov-iiitpy. .A4bflit I! -L AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 28TH day of JUNE, 2011, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Berry Contracting, LP dba Bay, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $2,554,226.25 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: COUNTY RD. 52 AND COUNTY RD. 69 FROM FM 624 TO US 77 (BOND 2008) PROJECT NOS. 6471 & 6507 (TOTAL BASE BID (Parts A thru F }: $2,554,226.25) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Sun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 300 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 ATTEST: City Secretary APPROVED AS TO LEGAL FORM: By: Asst. C A ty Attorney ATTEST: (If Corporation) (Seal Below) (Note: if Person signing for corporation is not President, attach copy of authorization to sign) CITY OF C • RPUS CH ' STI „4.\:" By: Juan 'erases, Jr. .E. Assistant City M- pager Engineering /Development Services By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Berry Contracting, LP dba Bay, Ltd. By: Title: 4- ". P.O. Box 9908 (Address) Corpus Christi, TX 78469 (City) (State)(ZIP) 361/299 -3721 * 361/289 -2304 (Phone) (Fax) Page 3 of 3 Rev. Sun --2010 D I (+1 AUTHoRITE 8Y COUNCIL_ SECNETAre PROP() AL F •0 R FORK COUNTY RE) 52 AND COUNTY RD 6 9 FROM ?M 624. TO US 77 (BOND 2008) PROJECT Ms 6471 & 6507 PRPARTIONT OF ENGINEER/NG stRVICEs OXIT OF coRpua culam, Tow ADDER-pm N] .PIT4911MOOT.1, gnqP9OM ktof 1 Op 40. 1 P R 0 P 0 3 A L (-1 Place: Date.: Pkbpdgal, Of r 4 a Corporation organized and existing under the laws of the State of OR A Partnership. or InehAridual doing. business. as T0-1 The City of Corpus Christi, 'Texas OantleMenf •he undersigned hereby proposes to furnish 411 labor and materials, tools, and necessary equipment, and to perform the work required COMITY: RD 5:2 AND COUNT! RD 6-9 FROM FM. 624 T0 118 77. (BOND. 200.8) PROJECT E0s. 6471 'v., 6507 At the lOcations set out by the plans and specifications aid in etriOt 4odOrdanba, with the contract documents for thefollowing prioeSi to-witf 44.)3NWR:Vo 5 kirt Ackiti&t: LIROthaStiti • 1:001 CQUNT RD $2 AN:13 COOKY RD 69 FROM FM 624 TO 0 77 (0010 2008) PROJECT Wo 6471 & 6sO7 Sha BID PART As, MEET IMPROVEMENTS (County Rd 52 Pro act No. 6'411) 111 ,-.....„,i,...„... if ti '' XV. V Rtiti DNA, BID rrillst' zz,T.ENEit:i6N DXSORIPTIDIT Mirk ' • VICIMS (OTT x VIi' F.10a4. Ozouivai. •m(*.tat4.4.W.cti, ecTtipiete in plaoe, per rilkmp. sun IJ $ i223,0c1=-)•<Y) $ or“.), 00 •2d ROtOV@. $bb-. PAO' 4 WheTt .paiting braytit. irx late, per rstmeke Yarn 0 $ 4 • 1,4 Olear Right-of -Way, complete ix place, per Acre $ o 0 0. 0 0 $ 14- -7 0 A4 1q02$ Street Ex04VAW-014, tmplete in place,. per $cuare Yard $ 71) D $ AS S25 "Y potopto $obgtorlia, tOroplde in plaprOi P-er sqoare YoJed $ ."K'J s PJ 2 6. 11:, 4.12 deoarid, totpleto in plate, sgaate YArd $ c, 5 A7 15,352 SY bivabed. J4rneatone Flexible 13,400 (Ty ):. 13* 1Y. O.Oliiplete'L in •taace4 per Pquar: Yex4 Trime Coat (4115 Gal OAL oomplote ln place, per calior $ Lt. A9 A10 18.“2-9 SY_ 4" tial-A.C. PaVement (Type p) (Surface Q04r0t) complete fri Place, Ptr SqUare rar4 $F. Thick concrete Driveway, COM010te in pI.AgO. per Rquart :FQot. 00000W140. M140104air 1 Pitivtmlai..mwm -,Egiag 3 or• 22- OTY & UNIT EA COUNTY RD 52 AND COUNTY RD 69 FROM FM 624 TO US 77 (EQND 2008) PROJECT NOS.. 6471 6507 .IIX DESCRIPTION burvey 'Monument, complete in .place, per Eaoh. UNIT PRICE IN- 177.,OURES $ XD XTR's :747101,A404- (Cerr 111,1;T: Pitle$ X.11 010000 .Al2- A13 8;. 624 LP Ozone Day, complete per Refl. Pavement Marking type I (V) (4") (SLO), dftplete it placer rer Lineak Foot • A14 L.P ReL Pavement Marking Ty0 1 (W) mo), POmplete,ia place, per Linear Foot Al5 TJP )tefl. PaYenient Marking „e I 01) (24") (sm) (MP LINE), cOMplete in plaee, per Linear Foa $ Z4:7; fT $. _LF Refl.. Pavement Markin TA* 1 (Y) (4,9 (0100).v qemplete in place, per Linear .Pcbt AV7 gerf.L P00004 00144g e 1 cyl (pp) 0%), cemplete in place, 'per Linear- Pea: $ i8 1R. Pavement'Marleing Type X (Y) (V) 031M complete 1ZL iPAP4 per Foot $ g 0 A19 .Ag41, R00.04.10X111q Awe (ARROW, 40Mg0Vg .n p1e per •obh ADDERDON-Nd, s NrukcimENT ivipcisia. MA* OA*. 4; TOM. BASE VIM' qteivia thttAtgb .A,28) 0 AiVEOM WO, 5 .411Kla•gn .PRQPOSAD. MEM MOE OP 2/ 1 II XXX IV .V• AP 4TO:..EirI5iiitigATL" , - . (QTY X Ofg%IlkX0g Xit ftt4."010.01 lib"; W.X-Bist - z - MO OY 4 & bkiir EA UNXT PRW4 IN 60001XPTION 17M,TR.145 1141, Vavemgpt Marking Type r Or) (mix), 0Qmplete $.11 0.4.0 per Es.Oh $ i 5 Mi. :t RA Type-II-44,A Raised 1=,avemengorke.g (gerIat0404) i gorViete inrp.1..0, pot. gAch. $ :4,7 -A24 16 Oh wyp9,IT-C,R Raised .Pavement Marker (kerlgOtotio"0), Oompit6 Li-,'70 in place POx. gApix • -7S...- 6 Ala ; 1 RA St'0.0t Si-00 A000004 wig" Eilade.(s) (Gr) & Stop 49p-.. qtkigila00 ill ,P100-e, $ Oct per. )4a0h ,S 41/4 o D.;;... A24' 1. g) WI-10 PP.Nt 001:9,e,"0 4fi 1510:9e, per ga6h $70%3.110 $; --7-2,;;%'3,-.:) AO 4 W1-4L W, POOet& i per Each -7 a $ 1kplae„ ?26 EA ISPBRP Zclig $i§lti. complete th101404 pOr'lRaOh $.1.4..z.10. ,.',,'', $ .■ A27 1 gh ke,-locate US 77 $19n hogeOlay, complete itA place, per EaCh, $ 2_,:..--,',',3). . $ 2-7-->01) 10a 1 Ls Trattie 044tr.9.14 egAPIetfi .$3S, 0 00. 09 $_ '.3 f.; 90 D , 00 Pi piaice. pOr immix gum. TOM. BASE VIM' qteivia thttAtgb .A,28) 0 AiVEOM WO, 5 .411Kla•gn .PRQPOSAD. MEM MOE OP 2/ 1 1 CoLTNTY RD. 52 AND QOUlITY RP 55 FROM FM 624 TO us 77 (B.OND 2000.) PROJECT •N(:)b . 6471 & 6507 meg, go; p.TO m mu; DRATIMGE IMPRONIgIMITS Cou t . .t.' XX X XX itr WIT Plirca lg. FiduRag- 0 7a.i. V.L1' ----....■,...,...--,_ - ..Vilot: k__________________PiM:, Iil. 'OW 24:1;14. 4 MT' .ay at3aIP.T.Ica Top Adil & poieding .4ox r...oisioa., complete in place pet .8k:it/Ore Yard . 3I ttglt kklzjiithzitrii. (9TY x 'UNIT PATqz . ,.,..,..,a4 02 IR Bo conoreto datb E. autte'r, •p:otnplete• itl pie per Liner Pooh 0 .41 TR. 38'! PL-4. '4Q1? Olop riz) , corriplehe it/ piact. per LilieAr .:Foot. .?=.•2, ..._ B4 1§ IF tlok Dia. AO (�as.s It15, Ofriga.40. i-.0.151,4.90; pr ek Pbeit. $: 138 105 LF. 1 i x 2' .Rico Cortd-ree $.1/ °' :'" q 0 ?;-C (J. ,-.;•:-- *cx;_ comPlote io place; por Iatiettt, root 40 1:10 .1.4 6' X, 2 gelockx:90_ go.iipto. Box • cillcaot), O'ctIplote. ir11 10,4cf Pqr litie4't Foot " vt. , C3•0 . - $ , .V7 B7 dS. 1,11! Us ;g:1' gOinforP0134. $ 3 $ i 3 )s-440, 04t4Y0PX,f Pe* 4tpa4r *94.4 BS. 2 0A • 3 x 2' ReS".SET (Ty I) (JOIY, mimp1ete in place, Tex. tach $ . 2 14, 6:" RCP 0.4rg ety T) (.:).4„ complete ill piAce, . Ykoix $ .,•1 oc,;-:c, • 014 0A• to x 3' -00. ogir (ty 1) k4A-.)•i P0141,100 in place. PAt ' Each, $.:S- ,:,':'4 , '..', .', $ biakititii4 AamagiwT.: ['Room, koRg t'AcE. G oF j. comOy RD 52 AND COUNTY RD 6g FROM FM $24 TO US 77 (gOND 2-008.) PROJECT NO$. 6471 & 6507 or & .uitrT 2 DESCRIPTION complete • in place, per- .gadtk Iv UNIT 'PRICE IN rIatEREs .) t..) "v• • 1 Bxri rpti.4- gnEgszog (QT y: x t;T:i4i•PftMR , X0 rotIgx0): $ 11.2. o ct, ,;t Pangwa11, emplete p;a0,, per Eacb :744r: donarat.e. orate: In-Let, .0.otti1ote in 040a, per Ylach. sy ectopieta in place, per Square Yarli .4 0.55. 14F. Mt, lance. for -Storm Water P01140-0A Pem.000.041, CoMiite lil place, per Linear Perot $ - • 58 BiodOradbLe roaion MTitra.Loge, COUlAte in place, :per Linear Foot ap $44i1U04 Coost.ruction ),$kitVAX):di 001111140 in Placa, par Stpare Foot. .624 .LF Trench:O.41ety fc>r 'Storm WOOr g044Ult0 per PeCtiCA 012622; ,:compIete in place, per Linear oot f„,,AL:J•%:0 Cont-t01., 0000te in pinge, per tlimi? aunt: '.....■■••••••••••••,■1....yon, 12 HA *dot /taxit, conp1,eto place, per 0.401A 8, 682 C-Y Ditch Excavaticn Mauling 4 Diapna$I), q0111P1ete in place, per Cubic Yard TOM BASE. BID PART B (MO ono Bi through aga,) 2- q 0 iienk&DITH:Nb. aNTAPRIAIT 01*d' k(4144 PAOR 7 CR 22 Qou Dux RD 52 AND Cowry RD 69 FROM FM 64 TO US 77 WOND 2008) PROJECT NO. 6471 & 6507 PAAT. :04 WAttft: pxOTRXE$trr XQ IVIPTOWNENT$ ( coup ty' 114:1 52 P-t.0e0.1To. WI) X IV SID VI VRIV: PH.0•00.Pnigt 6A.t wato't Line, c0ritplete in place, per 1.4near root URIT PRIdl ' ?ICl/RSV • 1 ▪ 4.2,2 VIII ITEM SION. WIT' '01V.It rzciumpa.); C2 a po§ree ed •cbmplete ii plAce , per P004 $ C3 EA rite-1474.01't (i4Clu8in§ eaeellibly4 coMplete' in place, Vet' each $ C4 6" SC: 6" TV&V, complete' in P1406, per 8a611 Cs 1 EA donnectiOn to 13xisting €0, Water, ane, complete in place., per Each ki,/,'“:.) • •••-• :14 t d6 LF. trench Safety for W4eX1iA00 sectipn C202, complete in place, et aneAr 000t $ c.) $ B$ s: Alp PART .0 (.itOna c11. tht0(.411.• 00) $ 3 7) cl a to (9 0 AD)Voi)111t AttAdikuitt 1 pRiono..tai sro go6: L L COUNTY RD 52 AND COUNTY RD 69 FROM FM. 624 TO US 77 (ROPD 2008) PROJECT NOs. 6471 & 6507 PART ak Tlamma nrma IMPROVEMENTS Count Rd. 5 x. ft xtt .., _ _____ iv W• Xt lin> ITEM" DI -01. '404g pluT cy .rissdlupTioa wit paids IN FIGURES ,7------ _ BD ITEM *XTENSIM (01r x UNIT :PRI.O.N IN FIpmvgig.y . bi 6011. .0xo.avat ion Maialing ti .P1.604p41), 400.10to in p1atie4 per Cu) ic Yard. P2. 0.0:14 -SI Pep. o oil Fc: geectih9-- for groolon, Ortipiete in place, pet -$.4006 YAM $ ! ..‘ c, . $.. , -.7..) ,- . D3 :9.04' t..' 60 lid.P-• t Xit Open cat), v.ploplet e. in place, per, Foot $ i LTinef ,A ______. P4 53, TJF 8 6 DC - 1 ltda, eoropitte. in PI4ce.,, verlinear Foot , $. ;.-1.3.',.., . ';::J.-,:, $ ris 4 kr 6.'! CO4C. ,R1p.-330, coviete. in place, per Square Foot. $ i7,Cio $ D6 -1 E.A. 10' XH4' AtoP .req wi Nahlici1e, chiplete in plAde, per Eaal .$ . 0.3 .0,-,:=.1: 7:::-. $ i/Yj i EA 00itt00-*4,1at.. 6.0prete in place, .per Each $.1--Foco: c.,:, $ Pg 3 VA 81 Iffe*,110..1 1.i 000P.3,e. in lace ,. per WIT- ?.3. -cl;-).::.:: -, • $ r',1,,•::-":' r'''. D9 g. )3A. 'wino/all,. goitiplee." 3.;x1 101.40.i: Per Ea01 "_7).?:•=i o:i. cA..., $ 1)1.0 2-j2 pi. 6" Ou.ctao Iron. liater Line, 4ontaoo .4t.D.1.-400. per .L.ii.tieht Feibt 4_‘ :.-.,.., 7?:4- . ADDRNbUM ,NO: 5 24.71"TMEIENT P PAcg 9, 0E6 22 3_ AT$N QTT PIT xv DOOPM=04 40XT MOO ;10mtua ,DX0 vg$K-vottoloot x OkrxT'Oiaft,L IN OtiGhagitS) • - 46, Degree qdroN-ate PlAPe, Per Bicki Connections to Weting WO:tat Line, ccrliplete in P100i .pet g404 el. 0 k 1.■ 214 20 TR OLIcal-e Irpn Casing, OpMplete in place, per Linear •i• L0d1,4 3rogib4 004tr1 Mat, complete in place, per binear root $ 018 ItActiegpa4able Er00f04 001D1 togs., complete An 014.00iPOId4100 VOOt $ ‘1 oc, 016 Rock. tipr.apr complete In ta.40ei i?Or-b.04r0 Yid $ 4. c.),L) ivence_fer tbritl,.Water /50.11vXt9n,*evention. Linear -wt: •1118 14229 Trench S4fe1y for Storm Water OAdOits peX, SeCtion 022022, complete in Pace, per Linear koot - (,) 2.o/ ■■•=mselmylle TOTAL BUB BID PART D. (Item; Di. through Dili) $ 300, 4-0 j ISitkigkitiN 5 ATTACHMKOT 1 fitdiPosltr. :*t�• or CDUNTY RD 52 AND, COUNTY RD 69 FROM FM 6.24. TO US 77 (BOND. 20'438) PROJECT NO.a. 6471 & 6507 WOIVT 14 OtROT ZM �VEMEN0S (et4tIty Rd 69 Project No. 6501) Reftive SWp; Base & Asphalt Paving (4-10), MP100 th PlaCe, per ftlate Yai6 sme'="7)Trm7----- writ t4tidt ExTENO.x.p4' FIGURFS. IMIXT j;%:te,0 ...—_,..—wa4tow • e • r Clear gight-cf -Way, complete in place, per Acre '7 (; c StteetAM4Y4t4O04 complete: in piece, per 0403.V.0: YAtii COMP4CW Saigrade, ecmplete in place,. pet Bql.itrate Yard $: 0. $ .c-U,-; 0 D GOqgti4, cOMPlete place, perSqUare Yard or, o E, LP) 411.440: :410.4000 bleXibIe Base {Ty 1, Qr 40 , Complete 4.11 piece, per Sglit4tfo'Utd O L)) prime coat. (94. Gal / '4.y) MOO, comPlee in ta$464 f*r GaliOt 7.0 I G .4i .4.k.A.C. PaVeinetit (y0.6. 0) (rape Course) 4741V.161te 44 place, pei-kuare Yard k 7 .TT1 7 • 00:00rPrtA 04001k. 'cOmplete in Place, per t.404te .0`0.0.t • TI*. Con.gret, PtAVOVOY.,; 0061:0-00. In place., per givereFoot o Apoinqiok 4o- 5 Aruunficaw 1 *VOW. PORI% PAGO 11 OP 20 Wm. COUNTY RID: 52 AND COUNTY RD 65 .FROM FM' 624 TO US 77 ( BOND 2O) PROJECT' NOS . 6471 & 651)7 fl Te. tfltT DESCItZPTI ON tiatt pR FIPR.14.g B.21) ITEM --EXTERSZON (VT X" UM? Prac,I1 111 Concrete Ciirb Ramp, :otnaete in Plaq-ef per squa:re. Foot LF Adjust EXiBt. San. SaWer Manhole to Pinish arade, coinplete n Place, per Each 0041;10A: ekce4 acaplete i4 ace, Por Linn OAtZ $- 1- • 3. • Survey MOngMentd, COMplePe in -place,. per ackt 1415 DAV Ozone Day, complete 010e po, $ • E16 6., Fefl, Pavement Marking VilA0 T.' (01 (49 (OW, 1p'iet in P1.40t per Lihear Poot *P $ 40. E1.7 192 .LF Oavetnerit. kakkblig t* 1 (w) (0°) SW), correplo in plgce: ger Linear Poet $ 41.8 LF Pavent-1,404og yp: 1 (W) • (•24"): (AM (prow TIN) .0*1,0kii place, pet Lihoat- Foot. nft LF Phveront MalL*44 TYPO- (Y) (4") (SEAD) (:03,L) ooMpiete in place, PI* Linear POOt $ E2.0 2061 • eL Pavement marking: PA* X. (Y) (WO), copplero. in p1& per Pinear Foot $ Abtitifig* AMTACpMENT oticocso:. Fowl oi$ fl QOUNTY RD .52 .aND cOUNTY RD 6.5 VRO.V.1 •VM 624 TO VS 77 (OD) PROJECT NO .6471 & 6507 • 'IV $43:5 ITIOu QTY bEdCRIPTION MT ?ping Z1,1 Fxoug$0 BID ITEM RZZINSIcill gallik Vfnr -PUPS IN OtOMIOS) 4 EA R01, .Favap64 !arkitig e (W) (OgthW"), 0i6plete. it 010.0e, pr A4011 a; 822: Refl. VaVomeht M4444g. typC 1 (0). 0Na) 004100 into.10k.; vet tath Fp 0: fc, 222 TJF ken.. Pave Ment, Marking rype X NO :(0_0,90?K) (WIMP) ,CCMplet0 fli 35lace per Wtear Foot $ E24 EA e i1144-A RaisEd Fiavement Marker (4000tige4)2 00mPlete ii piacek per FaCh $ '2 OO ti 4t -Raia04 Pavement Marker Otellotortwai cQp1ete plaae,: per s 11 . 826 1. 2 tbreet Sigit. Asatimbly w/9" V14441a (jr} A.:Stop P9411110t.O. u1 p1a4e, per, tach SAW ZONE 'Sign, complete Pla0e■ Per Each 40.0 1. tersection .FA cqmpiete in place, per ci f.) 829 Elk Re-locate (1) Traefic Signi 11 Pole ® P 4.f 69 lOter, Complete in place, per Roth N6. ATTAMBFX 1. gke0W4 FOti PVE 0-F E4,0130,00 J 1 1 1 1 1. 1 1. 1 1 1 1 1 i :Ti. XXX XV ,kr ATP xtEm; arY 4 Alk III oogramog z puvr pnOg - Dr nooRgs. BID 1113Xf. 14..).MAR.0* (Mt X vavt: uxoa IN 0Wilittitio Patt 1 14 Ttiftid: 004t01,. pOillta4to $(5-,._;.,,,, ii.:tlitOgi:t:Ver Aii-044.:E0Iii itl Vooden .0exice:, complete iii 1$140.01 13)6r 1.4tWa. ffoOt 7).?..-)i) -. - $ __,: .. 'TOTAL .0ASID. BID PART E •Items _El through, En) $ /4,0 Li ADDENOWNQ,; S: 1. 4116Patif4Tr - V4000004 00. .PAGE IA O .22 COWITY"RD 6.2 AND COUNTY RD 69 FROM ,FM .624 TO DS 77 .(9.0ND 200a) .PROJ.EOT NO 6471 & 650.7 PA .F% ammywasx ImAINA4m. Ilemmatm (courit Rd: 09 prij (act - J !ram Rug BID PART F (Iteing F1 thrtnigh. r7) 0) i 0'.4- 0 t) _ . bb6WA No AmmomnENT )4040 0.* , .11 • 11 X :Eitti: . TtEit Ott A Mt ZOKORIPTt014 1.04r1" MCA, t/4 Kanto . "° t"1411001-140/OR WI' X, :triitt :riltxdik itrsttiiikE0 In : I I. I sti IR • 4: #4 4u qpnbxkitTi OktrP & Gutter, complete in place, pet 0 o . V MA, kaet.0 iA tx Linear Foot' $ ;.: 4.. (.3 . (') r:., • -' T ...1 a.t.c., .E1, .* 2:, A013 $Vr (• Y (3.11k, omptete art place) Itior.!4oh 1 I-41.5 IN tilt it T.O: $tdirg Water ' . ' -- - yo1141,•idu ftekventiOn, complete in place:, per titie.a.t Foot D $ ,..,, )-:.) 0..A , .4,.. ..... 1,:"..;,,,-, , Efe gees 04ftSt-for PtOrth :Rater:get section 022b2, .qpivute'in plx*, Vet atloat FoOt $ ...,-. :.i:_ :1G 4. U B10(100401.0 lir00,04 tOutrdi Loge., complete in plao, per LlneAr -Foot $ i 1, c'; ,_•,.., . . I Traffi4 ccittrcil, ,coMplete 1-#. $ i-DQ.,,,,.›. , $ olaoe4 :Per Dui* -aunt J !ram Rug BID PART F (Iteing F1 thrtnigh. r7) 0) i 0'.4- 0 t) _ . bb6WA No AmmomnENT )4040 0.* PART ,..4I»IVE LT.ERNATE. NO.. i (County Rd. i2 Projaet. No. 0471) XI xxx IV tiaftdittliT1011. Dint ittidE, .IN FIGIIRS9 vista- iicss. sxoz (07X ; tr4k.1,XV",PAAP.E.. xX VXOti,RO:Y: 644, 3 CY DEDUCt mitoh Excavation (11401404 Ol0008a1), 000)Pi00: in place, er Cubic ard Abb. 'Top Soil & Seeding fdt Sf.OPO.A., OOMPiete ia piece, pr .64#40 YAgA 0 LE- I $ • . u '03 1.$4 A6b. 6-aif Adv. II flI (9P8N 00TY COmplet• in-place, per Dtifedr, FOOt kir. Si, .,dbaorete 00M01.kbe. Pla.ce,. per .EaOh $ $, if* a ADD dOndreteManhO, complete in place, per B.a.dh 4 $ • • 77 DP •DEPIT.'t -FOOde fOr. OtorM. Water Po1iu404.. PidOVO4t4:01., complete place.,. per J4140..-FOOt • $. GI IF ADP T#11. WeY fOk Ot001. Water conduits per stioyi, 0.204r 00m04efie in place. :150t, tilfiOt .VOOt .4 o ardTAL Ar.)14TIME ALTERNATE PART tht6i10 GT) $ 5 • ATTAPPIANT SV.40.6.1 ',VON P:rick IA OF 22 COUNTY RD 52 AND COUNTY RD 69 PROM .FM . B•‘.4 TO 118 77 (BOND 008) PROJBCT NO6. •6471 & 6507. Bxn -subllatur TOTAL- BASE BID.: (County- Rd :51 Project No.. 6471) BASE bit) - 4 IASCRIPTtON TOM •-• - ..■......".„,,-........ TOta4i 444 P.ar Iterns.. O•pugh A2$ $ TOtaa lit4; P.art 4 Tterok1 SI thiough, B21 $ 3 'II ‘1(i,i0 gota% 1344 Part C I140 :C1 through C4 :$ 3t. 1.0(.. Co Tot4:1 • Bid P.44 D. Items pl., tough 148 .$ '..- 9 3 o o , 4o J- To41 Bi4,Pert E here El t4rcmgh Nal $ 60(, TWI.g0 Totai ;Rid gart P' Itego Fl thro4g# P1 4:]4.13LL____ TOTAL BASE SID Marta A through le) laaTERNATE No;.. 1 $ •BASSI SID Tptop; go Iigrt. (ADD 4W _ No Al DESCRIPTION :Xtenie a tlixo)10h. G7 TOTA;r4 9) s o TOTAL EASE BID PLUS ADDITIVE ALTERN4TEt. MIDENDUM NO. 5. ATTACHMRIAT 1 Piv3K.1.1 (IF 2:2 Th e linci0tPigned berehY declares. that he: has visited the.. aje and- hos. areful•Iy examined the plans, spec ication$ and ntract 01,0,0ixtito.nta relating: to the work oovered by 144 bid or bid, that he agrees tc .. 40. ow •w�rk &nd that no representations made by the City are in at? -06t1,0;e: warranty• but. are mere estimates. for t1 guidange of the COntractoz:.. Upon notificaton. of award Of contract, We will •ithin,: ten. WO ca1end4r My g eXe0,1te the f.OrMal Obntract and will deliver a Perfox304400 1,51:14 (46HretNiied) for the faithful performance of this contraa and a PAyMent tbrid (4.0. .remvired). -to insure payment for all labor and materials Tb ,40:44 atta.41kl to this proposal, in the amount of St of the higheat atoutt bd, is to .beePOle the pxopor6v.ot the City of corpus Christi in the event t„tig, Contract and bona ; are no executed within the time above Set forth a0. 1,10idat4d damages 1,cir the: de.lay and. additional Work caused thetsby. MinorityjkitprAty-Oualmoss Entexprise Participation: The apparent )Ow .hidder a11, withirt fiVe..daya of receipt of bids., sOmit to the city EnOtiestt in writing, the names and addresses of .11M firms partiapatilv. in the OPritraOt and a deSoription of the work to be performed and 4:0.40.1:ar valixe •O• bid -evaluation purpose. NtiMber. Of Signed •Sets. of Doenire.r.ktev 'The 0...OrittaCt and L1 bonds .I. Prepared in riot leas than four couttorpatt (original sig4e0I sets,: Time of 0:14010biO4 The undereigned agrees to coliplete the work ftases: i 0 .39a. 1enc.ar days from the date deeignated by a work, witio.t. tadh ,Phkee. t the Project 'hall be completed within the nuther Ot calet)dar days or dates. allocated below. Detailed desCriptiOns of the phases are PMfj;.40a the 0Otttatt draWinga as indicated below: From-.D4k one*. Pi040 (3;efetenoe: Sheets, 78,79, 8 a., 84) 195 Calendar 040.a County Rd (Project 0-4 64I1) staoe 1 - South portion of proposed County Road 52 (St4. 104.5.11; to • end): 1,P4aiAtAlti two-way traffic on existing roadway, a: Install/ ponotruot 1mpro1-e4denta n 000.th side of propppod roadway Within this work area apto of ptopoodd. rOadtOky (26' wide sectipP) PlaCe teMPOtaty. Pavement markings. .5. na1Z traMO.. signage wittkin wor,k area Stage 2 North portkon of proposed county Road s2 (sta. 10+:56 to ex1d) Place two-way traffic on COt,gplepd. south pOrtion Of ko4dWay. Close and demo eXiaing roadway ejection. Install/ construct storm watex. itoprovetlens .t>t_ north We of prop.osed rbOvoy witti iit. tths *Aix area ApPgatim s Pixt:O.Corstrr PROPOS= I.MEt ifk OF 22 404atr4Ot nOrth portion of prOpOsed roadway. (12 wide otwot,-011). 6.PISCe perManent pavement markings and raised paveMOnt tor Bta� WktiinQS 1 4 2 of Phase 1. 6. Ihatall traffic Signage within 7. izemove trarrl polt.rol dorices this work area.. and open rOadWay to tratiric, StageA -Northof the North R,O,W. line Of County Road 52 1, ThOtall 994' Of 60" RCP from the west R.O.W. line of iwy 77 Frontage Road, thence westerly tQ the D.S. end of the. new (4'.-R/ flat bottom) drainage ditch (kiverway Ditch). 2 Construct (4'-8' flat tlott0m)drainage ditch (Riverway Ditch) sO4ther1y 1400'± trom the u.s. end of the new 6O' RCP t bile new 8'x 4' RCB at the north .R.D.W. line of COUntY Road Ea. N�: COnsttuction of Stage 3 can begin at the Same time as se.4ge 2. *Start of Phteao I LB4�Lneated by the Notioe to PrOceed. 807MET;401 shall bt based on SatisfadtCrY work, completed in acc4Ordance with,the Plans, specifications, and other contract doeftents and accepted bY the My, FroM Start of imikoe** PHASE I; •(ReferenQe gheets 80r81,92,83) • .... 1.05 Calendar Days county Rd, 69 (Ptojeet No. 5507) 0496 1 - County Pad 69 (intersection with County Road 52) 1.Close all traffic to County Road 52 and County Road 69 interSeotion. Detour north bound traffic east on CR 50 to us 77. Detour south bound traffic east on FM 624 tO US 77, g• xlIsmil storm water improVementS within limits of work area 3.Construct road section at intersection east to sta. 10-1-75 on 0044LY Road 52 and north to sta, 10+75 on County Road 4.Pla4e toMporary pavement markings. 5.1110taA traffi0 signa00 within this Work area 5.Remove traffic Control devices and open intersection to traffic. Stage 2 - South portion of Prolloaed County ROad 69 (Sta. 10+75 to •Sta, 18+30 1.Close traffic to south portion of COUnty Road 69. DetotIr north boond traffic east em County Road 52 to US 77, Detour sOuth hound traffic east on FM 024 to US 77, 41sta1l atOrktt watOr iMproveMents within this work area ConatrUot roadway section (32' wide). 4. • Place teMPovanr Pavement MarkingS. 5. nStall traffic signage within this work area. Sta3 - North portion of proposed .County Road 69 (Sta, 18+30 tQ end) 1.C1oSe traffic to north portion of County Road 0 qoPtj-11.40 tq detour north bound traffic eat On County Road 52 to UE 77 and :012th bOUnd traffic at on 1q4 624- to US 77. 2, Install storm water improvq0ents within this work area •13,4-10Cate siignal poles electrical at intersection of country h00)1000141:AO. 5 Atm,011t4Sikit. A014t. POO' PAO 0 40 L. • 1 'goad .61 and Ptit 82•. 'Ongtrtid.t. roadway .goot 3. on ( a 2 ) 5:. Iate permanent pavement .markings and raised pavement for 0.4gP0 L, 2.4 4: 3 of Phaft.. tiOnage: within work area treti.0 ContioL doves and open ro4awey t.0 tra 8. ffu, p-v.ojeot oloSeOa f.ot Phases 1 fe. Stgaft;.(it the Phase. iB rai9.4ne.aect -by the settilw ip. of: .traft.41_,004-tts, atilatteg- ai1 rust 441t of Wtattc, 4tVretolitthi COMPletion shall be 12■Apkil 9:4 R49,0factoPY-w004 opm000 dn W2th th anr opocitkaoti, ,and [o:KbAt: tfttraot tit5_,durftfitg. and Jaotot.ti 'by the City. The: Unaretaigned further deolakee: that. he. will provIde afl neoessarr tools and apparatus, do. all the work .arid rumigh. 411 .rriatoeiato And: ovevykkem rqued to w4...ty �ut tbe 4bo*.e tioiltItiriOa.Vdrk.. covered by this 1.5e60460.6:1 in. triot .accordanc e .with the contract Iclotv1104t0 he rovix.vooto portaW.49-: tho-tioto:, for the. sem for gOttig above set fOtth, Agmlpt .0..f the faiottallg addenda i aakIdOWled0Od' taddenda Minter) (SEAL - If Bidder is a VOPotOtton) Respectfully agbmitted; Name b 7,1 L d • M5r. (6X004TOE) AddreSS-: 9 () NOM PO: 'i.Ot 000.0 ,10-4 er 011. n Vi,th itik aila, submit toviete Witlf.gtObh04 goafa, ':Eo,t) (.St.-.rgeb4 C0r CAN V1/4 Te1ephone:. 2- It " tat:Ate): PPPNOP4 NOA AMORMIOX 01C04:54.. 06814. E91.0E• 20' OP. 12. tnevi4ed August 20.0 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 929496376 That Berry Contracting, LP dba Bay, Ltd. of the City of CORPUS CHRISTI , County of NUECES , and State of TEXAS as principal ( "Principal'), and CONTINENTAL CASUALTY COMPANY a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of TWO MILLION, FIVE HUNDRED FIFTY -FOUR THOUSAND, TWO HUNDRED TWENTY - SIX AND 25!100 U.S. Dollars ($2,554,226.25 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 28TH of JUNE , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: COUNTY RD. 52 AND COUNTY RD. 69 FROM FM 624 TO US 77 (BOND 2008) PROJECT NOS. 6471 & 6507 (TOTAL BASE BID {Parts A thru F }: $2,554,226.25) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, and if the Principal shall repair and /or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. (Rev. Date May 2011) Performance Bond Page 1 of 3 Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed! this instrument in 4 copies, each one of which shall be deemed an original, this the 12TH day of JULY 20 11 _ PRINCIPAL BE CONTRACTING LP DBA BAY LTD. By: Title: ATTEST: -140.1.eff Secretary SURETY CONTINENTAL CASUALTY COMPANY By: Atto -in -fact MARY ELLEN MOORE Address:P.o. BOX 9908 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78469 (Rev. Date May 2011) CORPUS CHRISTI, TEXAS 78403 Performance Bond Page 2 of 3 I I• Telephone: 461 -883 -1111 Fax: 361 -561 -2564 E -Mail: mmoore @s- gins.com Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: SWANTNER & GORDON INSURANCE AGENCY Address: Telephone: 500 N. SHORELINE BLVD. #1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) 361- 883 -1711 Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 9794%376 That Berry Contracting, LP dba Bay, Ltd. of the City of CORPUS CHRISTI , County of NUECES , and State of TEXAS , as principal ( "Principal "), and CONTINENTAL CASUALTY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of TWO MILLION, FIVE HUNDRED FIFTY -FOUR THOUSAND, TWO HUNDRED TWENTY - SIX AND 251100 U.S. Dollars ($2,554,226.25 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 28th day of June , 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: COUNTY RD. 52 AND COUNTY RD. 69 FROM FM 624 TO US 77 (BOND 2008) PROJECT NOS. 6471 & 6507 (TOTAL BASE BID {Parts A thru F }: $2,554,226.25) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. (Rev. Date May 2011) r Payment Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 12TH day of JULY 20 11 PRINCIPAL SURETY BE ' ' ONTRACTING , LP DBA BAY LTD. CONTINENTAL CASUALTY COMPANY By: Title: ss:\-`, \fl ATTEST: Secretary Address: P.O. ROX 99QR CORPUS CHRISTI, TEXAS 78469 Rev. Date May 2011 By: - in- fact RY ELLEN MOORE Address: p_ o _ BOX 870 CORPUS CHRISTI, TEXAS 78403 Telephone: 361- 883 -1711 Fax: 361 - 561 -2564 E -Mail: mmoore@s-crins.com Payment Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: Name: SWANTNER & GORDON INSURANCE AGENCY Address: 500 N. SHORELINE BLVD. #1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called - "the CNA Companies "), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Steve Addldson, Tami J Duncan, Cathleen Hayles, Individually of Corpus Christi, TX, their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. — This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be - hereto affixed on this 7th day of June, 2011. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Stathy Darcy enior Vice President State of Illinois, County of Cook, ss: On this 7th day of June, 2011, before me personally came Stathy Darcy to me known, who, being by me duly sworn, did depose and say: that she resides in the City of Glenview, State of Illinois; that she is a Senior Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that she knows the seals of said insurance companies; that the - seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. OFFICIAL SEAL EWA FROM NOTARY MOW STATEOFLIAM MY =AMNION OPIRESIGIMa My Commission Expires September 17, 2013 ..4' Eliza Price CERTIFICATE Notary Public I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 12TH day of JULY 9 n 1 . Form F6853 -1 /2011 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Q Mary A. ' iika y kis Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -Fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY TIIB BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Documents Section 3 Appointment of Attorney -in -Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 171h day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI:I—Execution of Documents Section 3. Appointment of Attorney -in -Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact " This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176 day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Insurance Company." State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Govemment Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 You may also write to CNA Surety at P.O. Box 1068, Houston, Texas 77251 -1068. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1- 800-252.3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, or fax 512- 475 -1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning about a claim you should contact the company first. If the •dispute is not resollved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached documents. • ;s.uPPLIF.R.NumsgR. . TO-BEAsSIONFD BrOITY poRpflAptopm41,0N Rft'Att t1tQf dotqw:Ohr.10 OrgIn once; 171:12, City. tO:prciv.ftieltielo)fgulitg OformatIPn, Soo. rov.erge sli10,for definitions;: COMPANY- NAME: \ .. PITY OF 1)1$0.40$.1).Ftg: OP INTEREST 401011-doa, requilftiO aI POOMIS.fir flerils-se.khg to: do busine68,with the EVAly.VOStrOti must beatf6W0i-60, If Me. cpostitgils.litit6pplicble,.; answer P. 0..130*. 9 o STREET ADDREW s CITY: C IN., a tx.ZIP: Corporation 0 2. Partnership. Owner D Associatibn 111 Other IDISCLOSIME an ownersIf dItIbrial space is necessary, please use .the reverse.sidikof. this pagevra4too separate shoet 1: State the names of each "employee' of City :of Corpus Ohrisliho.ing an "owners.* Interest!' oOritt1tutinglo4 r more Of:the:OWheitihiP In the abOVenarned 'firm" Ndrind / A Job Title and City DepartroentAllIcnown) 2. Statelherfaines of each "Offictal" of theCity of Corpus Christi having an "ownership Interest" onstitut1no30/6 tioatf. the:OWnertfilp iri the:above named "firm' Nate' 14 A Title 3. State:the:6601es of each "board mennber"lifthe,City of Corpus. Christi having an ciownership ipterpst4:00nOtwortogii 9( niona:Orthe dWrierShip hi the:above named lirm.:1 Nettle. IA Board, Commission or Committee 4. Stateltie•riariieb:Of each:.employee. or officer:ofeconsultanr {or* gay .of Corgus,Christi wilo loot* on:any (tumor related to iffeTtUbjed.or thit.00ritract and has an 4ownersh1p inteyest, opstituting:3'xi or more of the winerohipin the tbot,e: gaited 'fhb? Marne Consultant ADDENDUM- 4,19.4. 5 47-11PRIg.P.7 #00.04 OFR FAO11 21, OF 22 FILING Ft.g.qt:gMENT::a if.,.4:13WOli who requests offidal action on a matter knows the reovettepiaottort Wiliebnfer e'n aeOnorrilobartefft 0 Any City offiolatIir. ariitOyee that is .distInguishable-from thaeffea, that :the action Will have an irrembvr§tif-Ifte, public totwolo0:00tgrttitil .tegnientlhereot,you shall cifsolowthat.:fapt in.* signed wring telheqty: or Ooly liVt;h410 been tciPdSled to eat KIN, matter; unless the interest of it)0.01ty Ofklal or oro-plOyee: In Ihikt. Migtter4s, apparent The ItifpletOrathalizaitO.lienlede in :a. signed 'writing filed with the City $eoretary..14thlOt Ordittalit-e]!$ebtletti :244k.01)1: Q.E10-1E1QATION f'oettifYlhat all Information provided is true and porn:10.4,s of the clateof this Statetrient. that I have not knowirviy y4),Ithriej4 illSeiblittkrlfahy...in-fatmation requested.; and that supplemental statements Will be promptly atibMitted to theiCityofgorme .ChrWir 717669%at.ehtitilles °tour. CertifylnaPardit crypikof.reino stottjtoof OettiNino Person: Date: E - Title: AttrAMIti DEmmtrIONs, .Board filoroljOr.n A Meinner-of ariyixiard commission, oreernmitteeappointed byte city Peahen:Of the:Olty-of 0Ormfe.. Ohritti, TOOS, b., tee-MM140.0.efe• An aOlienthatis-likelitOtffeaen economic Interest if it's likelYte.haYeit.D.effea.:Obthatlitterett• thatit alstifoohobie fitg*hitS.offeOtliti friaftbatt of:the pike in .generaltire.spiagantlai segMelit thereet ",OrliPOY0eArle PerfOrterriployed hy:the Cipicitcoolt.ChilStijexas either on 44111 or parkinletvaelS, but net..at, an:independent gootraotor: • cf. "Firm"' Any entity operated for eoonornio gain, whether- professional, indtitfrial or commertial, oto whottief :9stp01(gtteto:procti.to:cr. deal iMtlt aptiotlitti:ot setvice, Inatudfng but notilmiteCrtOi pritittosopprOtO in:the forrn-off sole propfietorehlp, as 001.-employail POMO, partnerthip„..Oorporation, .joint stoop company, joIrt Venture, receivership or lrmeteiend entities whc hfOr. parpotetOttaatiOrtateireEtted asnonTrotitorgonilatipm 0. e. ":'Offick't:. The itfley9r4 0100111014:0#1.0.P.0.-00.00. OttitlItauttiet,060001 city Marlager; As$14.00t OitY,Mariagerei :DopartmentarKi Divisle0 He@c4,0hd,N1001eip-alteOrtil4400:0 Corpui Christi; TexaS,,i f: 70.wmershiP Interest' 1490 or miltalliginte$0, whettieteeloatlyettorittritalitely,heidl.ina,firmilnetoko*ten such interest I6.: held through an 490A tOPti estate, -.or holding enhty CcirlS.ttitt.ii.ely:held!'leferelotoidings or erifitreleStahnShed.through.vottrigintets,:proxiosiAtspo4tforolo of venire. Or partnership agreements!' !Consultant, Any,pers'on or Iirrn such as engineers end. Atchiteas, hired: by the, oitv of corpus Christi for the porpese.Ofprofestiebal &intonation and. recommendation: g. O. S. ATIMOKOPV 1:110E0041: 'AGE - 14: Or A EP" CERTIFICATE OF LIABILITY INSURANCE OP ID: BRNI DATE (MANDDNYYY) 07112111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poilcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Swantner & Gordon Ins Agcy -CC A Higginbotham Company PO Box 870 Corpus Christi, TX 78403 -0870 Randal M Lee INSURED Berry Contracting, LP dba Bay, Ltd. P.O. Box 4858 Corpus Christi, TX 78469 -4858 J 361- 883 -1711 361 - 844 -0101 CONTACT NAME: PHONE Y4 X361 -883 -1711 E-MAIL ADDRESS: CUUSTTOME ID 1: BERGPCI FAX No): 361-844-0101 COVERAGES CERTIFICATE NUMBER: INSURERIS) AFFORDING COVERAGE INSURER A : Acs AnwIcan Insurance Co INSURER B:A"POp d Casualty Ins Co INSURER C : NNW, Union Insurance Co INSURER 0 : NAIL 22667 20699 27960 INSURER E INSURERF: (#21) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBEI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS AWL BR - POLICY EFF POLICY CAP POLICY NUMBER IMMIDO1YYYY1 (MMIDDIYYYYI INSR A TYPE OFINSU- CE GENERAL LIABILITY X X x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 X I OCCUR X,C,U Included Conbicb IIncL A GENL AGGREGATE UNIT APPLIES PER: POLICY X c LDC AUTOMOBILE LIABILm X ANY AUTO ALL OWNED AIJFOS SCHEDULED AUTOS X HIRED AUTOS X NON•OWNEDAUTOS B X UMBRELLA LJABB EXCESS LIAR x H00025526545 05120111 05120/12 ISAH066942S7 05/20/11 05/20112 OCCUR CLAIMS -MADE A X DEDUCTIBLE RETENTION 5 25,000/ WORKERS coMFENSATiDN d AND EMPLOYERS LABILITY ANY PROPRIETOR/PARTNER/Fa(ECUTIVE Y1 N OFFICEAIMEMBEREXCLUDED? (Mandalay In NH) If yes, describe under DESCRIPTION OF OPERATIONS below X0002Sa0asu 05120111 05120/12 C Pollution WLRC4647224A NIA 05/20/11 051222 11 CPYG24545332004 05120!11 05120/12 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101. Addlllanal Remarks Schsduh, B mon space is nqulred) See attached notepad for additional coverage Information Project: County Rd. 52 and County Rd. 69 from FM 624 to US 77 (Bond 2008) Protect Nos. 6471 & 6507 CERTIFICATE HOLDER CICO -CC City of Corpus Christi Engineering Services Attn: Contract Administrator PO Box 9277 !_Corpus Christi, TX 78469 -9277 CANCELLATION :IJ NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS ) HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES D' (Ea£occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE / $ ✓ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 $ COMBINED SINGLE LIMIT (Ea accident) $ 7 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per acddenN) $ $ $ EACH OCCURRENCE $ / 5,000,000 AGGREGATE ; Y 5,000,000 $ s X 1 TWOCTLAMTTUTS J _ O H- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 EachClaim 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009109) CO 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSUREDS NAME Berry Contracting, LP BERGPCI OP ID: BRNI PAGE 2 DATE 07/12/11 - , �. Adddi tonal Insured as uired by writte contract in favor of the Ce Cate Holder. Add bona Insured - Owners Lessees or Contractors - Scheduled Person or Organization - Form CG2010 10/01 Additional Ifnsu as uire by written contract In favor of the Certificate Holder. Add Insurre 71 wners, Lessees or Contracto Completed Operations - Form CC ver c ktyy/ required v ofrRigf s of iRecov favor of stew o WD CO2404r05/Transfer at R Primanf & Non - Contributory Non- Contributory Endorsement For Additional Insureds • Form LD-20287 06/06 AUTO ENDORSEMENTIPOLICY INFORMATION: Additonal Insured ui� by w contract in favor of the O� motions - Fo�A- 9u7412194 eaignated Persons or tfra Cerdti Ho �Waivrequired eF off TTra�isfer of Rights of Recovery in favor th) ra - Farm D/ 1 11512/02 UMBRELLA ENDORSEMENTT/ POLCY INFORMATION: Additional Neen isS 308ry Against Against Others to Us - Prrovided Po Policy Forrm X-2085 106 WC ENDORSEMENT/POLICY INFORMATION: Waiver Certificate Subrog on as requr by written contract in favor of the W waiver o of 1Ou0r5 Right to Recover From Others Lc1��shlo0r+e_an049Iarbor Workers' Compensation Act Coverage Endorsement - Form 0492 Maritime Shelf Lands Act Coverage Endorsement - Form WC000109A Maritime Coverage Endorsement - Limits of Liability $1,000,000 Each Accident/Aggregate - Form WC000201A 0492 NOTEPAD: HOLDER CODE CICO ■CC INSURED's NAME Berry Contracting, LP BERGPCI PAGE 3 OP ID: BRNI DATE 07/12/11 CERTIFICATE HOLDER: City of Corpus Christi Projsc lC 6 71Rat S2 and Coup Rid. 69 from FM 624 to US 77 (Bond 2008) polici e� ud.es Liability, Liability that 30 dae notice of cancellation will be famished to the certificate holder. GL, Auto & WC: Notice to Others Endorsement - ALL32686 01111. Berry GP Inc. dba Bay, Ltd. POLICY NUMBER: HDO G26626546 v' Term: 05/20/11 to 05/20/12 ENDT. #33 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. v/ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAB1UTY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. City of Corpus Christi Engineering Services- Contract Administrator P. 0. Box 9277 Corpus Christi, TX 78469 (If no entry appears above, information required bo complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to indude 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 additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been campleted; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CP-04-WffrAt, R. M. Lee Swantner & Gordon Ins Agcy LLC CG 20 10 10 01 ® ISO Properties, Inc., 2000 Page 1 of 1 El POLICY NUMBER: HDO G25526545 Berry GP Inc. dba Bay, Ltd./ Term: 05/20/11 to 05 /20/12 ENDT. #29 COMMERCIAL_ GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: eI COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contrast was executed prior to the date of loss. City of Corpus Christi, Engineering Services, Contract Administrator Location and Description of Completed Operations: p , O . Box 92 7 7 , Corpus Christi , TX 78 [TBD] Per Contract Additional Premium: Included 4 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11— Who Is An Insured Is amended to include as an insured the person or organization shown in the Schedule. but only with respect to Liability arising out of "your world' at the location designated and described In the schedule of this en- dorsement performed for that insured and included In the "products - completed operations hazard." 69 R. M. Lee Swantner & Gordon Ins Agcy LLC CG 20 3710 01 ® ISO Properties, Inc., 2000 Paget of 1 POLICY NUMBER: ISA H08834257 ENDT. #8 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Berry GP, Inc. dba Bay, Ltd. Policy Symbol I Policy Number 1 Policy Period ISA 1k108634257 05/20/2011 to 05/20/2012 Endorsement Number 8 Effective Date of Endorsement Issued By (Name of Insurance Company) 0 5/20/11 ACM American Insurance Company Insect ohs poitcl/ number The meander Information Is to be completed only when this endorsement Is issued subsequent to the omas ation of the porky.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured (s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was execrated prior to the date of loss. A. For a covered "auto," Who Is Insured is changed to include as an "insured," the persons or organizations named In this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto' with permission from You, any of your employees or agents. B. The persons or organizations named In this endorsement are not liable for payment of your premium. J City of Corpus Christi Engineering Services, Contract Administrator P.Q. Box 9277 Corpus Christi, TX 78469 DA -9U74 (12/94) Ptd. in U.S.A. 30 R. M. Lee GWanf"11ror A C cart nn rti _ Air v LLC Authorized Agent POLICY NUMBER: HDO 625526545 ENDT. #26 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE J Named Insured Barry GP, Inc. dba Bay, td. Endorsement Number 26 Policy Symbol Policy Number I Policy Period Effective Date of Endorsement EDO G25526545 05/20/2011 to 05/20/2012 05/20/11 Issued By (Name of Insurance Company) ACS Aurar.can insurance Company Insert the pokey number. The remainder of the himmatIon Is to be completed only when thla endorsement 5 Issued subsequent to the prepararlon of the pone., THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiation date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the `Schedule) by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named insured, and any other party whom we are required to notify by statute and in accordance wish the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any Idnd to any such person(s) or orgenization(s). The failure to provide advance notification of cancellation to the person(s) or orgenizetion(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any Information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. B. This endorsement does not apply In the event that you cancel the Policy. All other terms and conditions of the Poky remain unchanged City of Corpus Christi Engineering Services - Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 Authorized Representative R. M. Lee Swantner & Gordon Ins Agcy LLC ALL -32686 (01/11) Page 1 of 1 POLICY NUMBER: ISA H08634257 ENDT. #12 NOTICE TO OTHERS ENDORSEMENT -•- SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. dba Bay, Ltd. Policy Symbol I Policy Number j Policy Period IsA H08634257 105/20/2011 to 05/20/2012 issued By (Name of Insurance Company) ACE American 1nenrance Comparxy Endorsement Number 12 Effective Date of Endorsement al/ 20/11 Insert the policy number. The remainder of the inTomialtan Is b be completed ontywlten this endorsernent is issued subsequent to the Preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whore we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced In this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organlzation(s) shown In the Schedule will impose no obligation or liability of any kind upon us, our agents P�� representatives, will not extend any Policy cancellation date and will not negate any cancellation of the C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect Information that you or your representative may use. • We will only be responsible for sending such notice to your representative, and your representative will in tum send the notice to the persons or organizations listed In the Schedule at least 90 days 'prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of the Policy remain unchanged City of Corpus Christi Engineering Services - Contract Administrator P. 0. Box 9277 Corpus Christi, TX 78469 Atorized Representative R. M. Lee Swantner & Gordon Ins. Agcy. LLC ALL= 32686 (01111) Page1 oft Workers' Compensation and Employers' Liability Policy Named insured BERRY GP, INC. dba Bay, Ltd. 1414 VALERO WAY CORPUS CHRISTI TX 78409 Endorsement Number Policy Number — Symbol: WLR Number. C4647224A -" Policy Period 05-20-2011 TO 05-20-2012 Effective Date of Endorsement 05-20-2011 ~' Issued By (Pismo of Insurance Company) ACE AMERICAN INSURANCE COMPANY insert the policy number. The remainder of the Iniorrnalion is to be completed oniywhen this endorsement is Issued subsequent to the preparation orthe policy. NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. if we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule ") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations .listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. 3705 All other terms and conditions of this Policy remain unchanged. City of Corpus Christi Engineering Services - Contract Administrator P. 0. Box 9277 Corpus Christi,TX 78469 Authorized Representative WC 99 03 69 (01 /11) Page 1 of 1