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HomeMy WebLinkAboutC2011-392 - 9/27/2011 - ApprovedBay, Ltd. S P E C I A L P R O V I S I v l� o S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PREPARED BY: COYM, REHMET & GUTIERREZ ENGINEERING, L.P. TBPE Firm Reg. No. F -388 5656 S. Staples Street, Suite 230 Corpus Christi, Texas 78411 Phone: 361/991 -8550 Fax: 361/993 -7569 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS. Phone: 361/880 -3500 Fax: 361/880 -3501 [DRAWING NO: STR 846 J OF g� TF%,i. i f � * ) l '. r ' ' f� d JEFFREY C. COYM f f'" 101983 s ey 42..0 I ZONAL . 7 -13-1' 2011 -392 1142011 -213 09/27/11 (Revised 7/5/00) BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised August 2008) Worker's Compensation Coverage For Building or Construction Projects Fox Government Entities PART A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting A -2 Definitions and Abbreviations A -3 Description of Project A -4 Method of Award A -5 Items to be Submitted with Proposal A -6 Time of Completion /Liquidated Damages A -7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -10 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A -12 Maintenance of Services A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A-17 Field Office A -18 Schedule and Sequence of Construction A -19 Construction Staking 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) A -24 Surety Bonds A 25 Sales max Exemption NOT USED A -26 Supplemental Insurance Requirements A 27 Rccponcibility for Damage Claime 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 Water raciliticc Special Rcquiremcnta NOT USED A -36 Other Submittals (Revised 9/18/00) A -37 Amended "Arrangement and Charge for Water Furnished by the City" A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities r 39 Ccrtifi atc of Occupancy and Final Acceptance NOT USED A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A -42 OSHA Rules & Regulations TOC - 1/5 A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As- Built Dimensions and Drawings (7/5/00) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre - Construction Exploratory Excavations (7/5/00) A-48 Overhead Electrical Wires (7/5/00) A -4.9 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended "Prosecution and Progress" A -51 Allowance A -52 Mobilization Bid Item A -53 Pumping Bypass Plan and Operation A -54 Geotechnical Report A -55 Storm Water Pollution Prevention Plan A -56 Video Documentation A -57 Electronic Proposal Form Attachment I - Bond 2008 Project Sign for_ Project 6463 Attachment II - Sample Computer Print -Out PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD S.PECIFICATIONS DIVISION 2 -- SITEWORK SECTION 020100 SECTION 021020 SECTION 021040 SECTION 021080 SECTION 022022 SECTION 022100 SECTION 022420 SECTION 025205 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 025215 025404 025412 025416 025424 025608 025610 025612 025614 025802 SECTION 025805 SECTION 025807 SECTION 025813 SECTION 025816 SECTION 025818 SECTION'025828 SECTION SECTION SECTION SECTION 026201 026202 026206 026210 SECTION 026214 Survey Monument Site Clearing and Stripping Site Grading Removing Old Structures Trench Safety for Excavations Select Material Silt Fence Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement Cement Stabilized Caliche Base (5 -47) Asphalts, Oils and Emulsions Prime Coat (Asphaltic Material Only) Seal Coat Hot Mix Asphaltic Concrete Pavement (Class A) Inlets Concrete Curb and Gutter Concrete Sidewalks and Driveways Concrete Curb Ramps Temporary Traffic Controls During Construction Abbreviated Pavement Markings Pavement Markings (Paint and Thermoplastic) Preformed Striping and Emblems Raised Pavement Markers and Traffic Buttons Reference- Pavement Markers (Reflectorized) (TxDOT D -9 -4200) Reference - Bituminous Adhesive for Pavement Markers (TxDOT D -9 -6130) Waterline Riser Assemblies Hydrostatic Testing of Pressure System Ductile Iron Pipe & Fittings Polyvinyl Chloride Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains. and Sanitary Sewer Force Mains) Grouting Abandoned Utility Lines TOC - 2/5 SECTION SECTION SECTION SECTION SECTION SECTION SECTION 026402 026404 026409 026411 026416 027202 027203 SECTION 027205 SECTION 027402 SECTION 027606 SECTION 028020 SECTION.028040 SECTION 028200 SECTION 028300 DIVISION 3 - CONCRETE SECTION 030020 SECTION 032020 SECTION 037040 SECTION 038000 DIVISION 5 - METALS SECTION 055420 Waterlines Water Service Lines Tapping Sleeves and Tapping Valves Gate Valves For Water Lines Fire Hydrants Manholes Vacuum Testing of Sanitary Sewer Manholes and Structures Fiberglass Manholes Reinforced Concrete Pipe Culverts Sanitary Service Lines Erosion Control By Seeding Sodding Mail Box Relocation Fence Relocation Portland Cement Concrete Reinforcing Steel Epoxy Compounds Concrete Structures Frames, Grates, Rings PART T - TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL SECTION 013010 DIVISION 2 - SITEWORK SECTION 021340 SECTION 022020 SECTION SECTION SECTION SECTION SECTION SECTION 022021 022040 022080 025223 025604 025616 SECTION 027411 SECTION 028000 SECTION 028001 SECTION 028002 DIVISION 3 - CONCRETE SECTION 038020 APPENDIX A GEOTECHNICAL Recommendations Corpus Christi Corpus Christi, & Covers Contractors Submittals Bank Sand Bedding and Backfill Excavation and Backfill for Utilities and Sewers Control of Ground Water Street Excavation Embankment Crushed Limestone Flexible Base Concrete Pavement Cleaning and Sealing Joints and Cracks (Rigid Pavement). Television Inspection of Conduits Cured -in -Place (CIPP) for Gravity Applications Sanitary Sewer Pipe Obstruction Removal By Remote Device Pipebursting Cement Stabilized Sand REPORT "Subsurface Exploration and Pavement For The Buddy Lawrence Rehabilitation Project, City of Project No. 6506, Interstate 37 To Antelope Street, Texas November 11, 2010." TOC - 3/5 APPENDIX 8 RTA CONTRACT DOUMENTS LIST OF DRAWINGS Sheet Description Buy America Certificate Certification forms Federal DBE = Special Provisions Instructions to Bidders Lobbying Certification Form Special Conditions Specs for City to Bid Supplemental Conditions (Construction) 1. Title Sheet 2. Project Location Map and Construction Phasing 3. General Notes & Special Construction Notes 4. Estimated Quantities 5. Drawing Legends, Testing & Driveway 6. Existing and Proposed Roadway Cross 7. Existing and Proposed Roadway Cross 8. Existing and Proposed Roadway Cross 9. Existing and Proposed Roadway Cross 10. -15. Existing Conditions, Demolition and 16. Water Base Map 17. Sanitary Sewer Base Map 18. City Gas Base Map 19. Storm Water Base Map 20. Proposed Storm Water Drainage Area Map 21. Project Roadway Alignment and Benchmarks 22 Waterline and Sanitary.Sewer Improvements Plans and Profile Sta. 3 +00 To Sta. 5+00 23 Waterline and Sanitary Sewer Improvements Plans and Profile Sta. 5 +00 To Sta. 10 +00 24. Waterline and Sanitary Sewer Improvements Plans and Profile Sta. 10 +00 To Sta. 15 +00 25 Waterline and Sanitary Sewer Improvements Plans and Profile Sta. 15 +00 To Sta. 20 +00 26 Waterline and Sanitary Sewer Improvements Plans and Profile Sta. 20+00 To Sta. 25 +00 27. Waterline and Sanitary Sewer Improvements Plans and Profile Sta. 25 +00 To Sta. 30 +00 Waterline Connection Details and Miscellaneous Sanitary Sewer /Waterline Details Standard Water Details (5 Sheets) Standard Sanitary Sewer Details (5 Sheets) Street and Storm Water Plan and Profile Sta. 3 +00 To Sta. 5 +00 Street and Storm Water Plan and Profile Sta. 5 +00 To Sta. 10 +00 Street and Storm Water Plan and Profile Sta. 10+00 To Sta. 15 +00 Street and Storm Water Plan and Profile Sta. 15 +00 To Sta. 20 +00 Street and Storm Water Plan and Profile Sta. 20 +00 To Sta. 25 +00 Street and Storm Water Plan and Profile Sta. 25 +00 To Sta. 30 +00 Storm Water Lateral Profiles (2 Sheets) Additive Alt. No. 1: Jointed Concrete Layout Plan (3 Sheets) Miscellaneous Concrete Details TxDOT Standard JS -94 (Concrete Paving Details Joints Seals) Additive Alt. No. 1: Jointed Reinforced Concrete Paving Details Curb Ramp and RTA Bus Stop Details Storm Water Miscellaneous Details City of Corpus Christi Standard Driveway Details (2 Sheets) Plan Schedules Sections Sta. 6 +00 Sections Sta. 8 +15 Sections Sta. 21 +00 Sections Sta. 24 +50 Removal (6 Sheets) 28. 29. -33. 34.-38. 39. 40. 41. 42. 43. 44. 45. -46. 47. -49. 50. 51. 52. 53. 54. 55. -56. TOC - 4/5 Sheet Description 57. Curb, Gutter and Sidewalk Details 58. -59. Storm Water Details (2 Sheets) 60. -63. TxDOT Standard Curb Ramp Details (4 Sheets) 64. -66. Striping Plan (3 Sheets) 57. Curb, Gutter and Sidewalk Details 67. Pavement Marking Details 68. Reflective Raised Pavement Marking Details 69. -71. Storm Water Pollution Prevention Plan (3 Sheets) 72. Storm Water Pollution Prevention Plan Details 73. Storm Water Pollution Prevention Plan Notes 74. -76_ Signage Plan (3 Sheets) 77. Signage Details 78. Traffic Control Plan Perimeter Signage (All Phases) 79. Traffic Control Plan Perimeter Signage Phase I 80. -81. Traffic Control Plan Phase I (2 Sheets) 82. Traffic Control Plan Perimeter Signage Phase II 83. -85. Traffic Control Plan Phase II (3 Sheets) 86. Traffic Control Plan Perimeter Signage Phase III 87. -88. Traffic Control Plan Phase III (2 Sheets) 89. Traffic Control Plan Nueces Bay Blvd. Lane Closures 90 TCP General Notes and Typical 4 -Lane Roadway Lane(s) Closure - Daytime 91. Typical 5 -Lane Roadway Lane(s) Closure- Daytime 92. Barricade (Skid Mount Type) Standards 93. Barricade (Post Type) Standard 94. Sign Supports Standards and Concrete Traffic Barrier Details 95. • Channelizing Devices (Plastic Drums) Standards 96. Channelizing Devices (Traffic Cones) Standards NOTICE AGREEMENT PROPOSAL, /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND. TOC - 5/5 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: BUDDY LAWRENCE DRIVE FROM IH-37 TO ANTELOPE STREET (BOND 2008), PROJECT NO. 6506; The BASE BID - Consists of the complete removal of an existing roadway and the construction of approximately 2,800 1.f. of flexible (asphalt) pavement with an Additive Alternate for a concrete (rigid) pavement for a new 3-lane collection street (two 14' back to back travel lanes and one 13' continuous turning lane) with 5' concrete sidewalks and associated pavement markings and signage improvements; along with 2,774 1.f. of storm water conduit improvements, 440 1.f. of waterline improvements, 2,175 1.f. of cured -in - place pipe sanitary sewer line rehabilitation, 9 sanitary sewer manhole rehabilitations and 3 new, sanitary sewer manholes, together with all appurtenances. Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August 3, 2011, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for 10:00 a.m. on Wednesday, July 27, 2011 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond -in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5W 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 Seventy Five and no /100 Dollars ($75.00) as a guarantee of their return in.good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of- an additional ($10.00). which: is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less. than the wage rates so shown for each craft or type of "Laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the. City's opinion, seems most advantageous to the City and in the best interest of the public. Revised 7/5/00 CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT ■ REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED © NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements 1 REQUIRED X NOT REQUIRED Page 1 of 2 • The City of Corpus Christi must be named as an additional insured on all coverages except workers compensation liability coverage. • The name of the project must be listed under "description of operations" on each certificate of insurance. • For each .insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B -6 -11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements,- please contact the Contract Administrator at 880 - 3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS B WORKER'S COMPENSATION INSURANCE REQUIREMENTS • Page 1 of 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - -A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage -- Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44)., (5) Coverage agreement -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and 0, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) - -With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2of11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, . for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A) -(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,,in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period show n on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A) -(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self - insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3759 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S110.1 l O(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate')- A copy of certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC -81, TWCC- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. 13y signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Se f Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breachfrom the governmental entity. Page 11 of 11 PART A SPECIAL PROVISIONS BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 SECTION 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 August 3, 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 - BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE .STREET (BOND 2008) PROJECT NO. 6506 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be .deemed late and nonresponsive. Late 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 Secre.tary's.Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, July 27, 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, Texas and will include a discussion of the project elements. If requested, a site visit will follow. No additionalor 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 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008), PROJECT NO. 6506; The BASE BID - Consists• of the complete removal of an existing roadway and the construction of approximately 2,800 1.f. of flexible (asphalt) pavement with an additive Alternate for a concrete (rigid) pavement for a new 3-lane collection street (two 14' back to back travel lanes and one 13' continuous turning lane) with 5' concrete sidewalks and associated pavement markings and signage improvements; along with 2,774 1.f. of storm water conduit improvements, 440 l.f. of waterline improvements, 2,175 1.f.' of cured -in -place pipe sanitary sewer line rehabilitation, 9 sanitary sewer manhole .rehabilitations and 3 new sanitary sewer manholes, together with all appurtenances. Section A - SP (Revised 12/15/04) Page 1 of 29 A -4 Method of Award The bids will be evaluated based on the following in priority order, subject to availability of funds: • Total Base Bid or • Total Base Bid Plus Additive Alternate No. 1 Explanation of Bid Items Base Bid consists of all elements of the proposed work not specifically designated as an additive alternate or work to be performed'by others. Additive Alternate Bid No. 1 consists of constructing jointed reinforced concrete pavement (JRCP) in lieu of flexible asphalt pavement. '"Allowance for "unanticipated improvements or relocation of utilities are reserve amounts of funds to be included in all bids that may become available for payments to the Contractor, at the City's discretion, if the extent of street - related improvements or utility relocation work exceeds the original estimated scope of work. Should the use of funds from these allowances become necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor. There is no guarantee that any of these funds will be needed to be used throughout the course of the work. 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% Bid Bond (Must reference Pro-iect Name: BUDDY LAWRENCE DRIVE FROM XH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 as identified in the Proposal) (A Cashier's Check, certified check, :Honey order or bank draft from. any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -6 Time of Completion /Liquidated Damages To minimize inconvenience to the general public and to minimize their exposure to dangerous conditions, the Contractor will be required to follow tight scheduling for construction and will be required to meet the deadline for completion of construction shown below. The working time for completion of the entire Project will be 180 calendar days. No additional time will be allotted for Additive Alternate Bid No. 1. In the event that the scope of work is revised by authorized and executed Change Orders in conjunction with the base bid, the working time for completion of the project will be adjusted by the Change Orders as required. Section A SP (Revised 12/15/04) Page 2 of 29 Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule for 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 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 The Contractor shall commence work within ten (10) calendar. days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of.this Contract, $500 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of; Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor from the monthly pay estimate the amount of liquidated damages due the City. A -7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees.working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of. the workers' compensation insurance coverage to be replaced, then any .Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid- by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. Section A - SP (Revised 12/15/04) Page 3 of 29 -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. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Construction Type(s): Heavy and Highway and Heavy. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman; or mechanic employed, if such person is paid less than the.specified rates for•the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, .and mechanics employed by them in connection with the Project and showing the actual . wages paid to each worker. The Contractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified Payrolls from all subcontractors and others working on. the Project. These documents will also be submitted to. the City Engineer bi- weekly. (See section for Minority /Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one -half (1 %) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) Section A - SP (Revised 12/15/04) Page 4 of 29 A -11 Cooperation with. Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities .operating within the limits of the Project. The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to. proceed in the vicinity of any facility by using Dig Tess 1 -800- 344 -8377, the Lone Star Notification Company at 1- 800 -669- 8344, and Verizon Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer Project Engineer Jeff Coym, P.E. Coym, Rehmet & Gutierrez Engineering, L.P. 5656 S. Staples, Ste 230 Corpus Christi, Texas 78411 Phone: (361) .991 -8550 Fax: (361) 993 -7569 Email: jcoym @crgei.com Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P AT &T City Street Div. for Traffic Signal /Fiber Optic Locate Time Warner Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Regional Transportation Authority Corpus Christi ISD U.S. Postal Service TxDOT Area Office A -12 Maintenance of Services 826 -3500 991-8550 826 -3540 886 -2600 826 -1881 826 -1800 885 -6900 826 -1875 826 -3461 826 -1940 881 -2511 826 -1946 857 -5000 887 -9200 813 -1124 881 -5767 512/935 -0958 972 - 753 -4355 289 -2712 886-9005 886 -2216 808 -2384 (826 -1888 after hours) (826 -1888 after hours) (885 -6900 after hours) (826 -1888 after hours) (1- 877 - 373 -4858) (1- 800 - 824- 4424,after hours) 826 -3547 826 -5060 (Pager 800 -724 -3624) (Pager 888- 204 -1679) (Pager 850 -2981) (Mobile) after hours) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. Section A - $P (Revised 12/15/04) Page 5 of 29 In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. direct payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. Section A - SP (Revised 12/15/04) Page 6 of 29 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 existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation "; therefore, no direct payment will be made to 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 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 the construction working time shown below. The project has been divided into four (4) 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. However, Phase I and Phase II construction sequencing may be interchanged. The working time for completion of the entire project will be 170 calendar days. The Contractor shall furnish a Construction Schedule for all phases of the work (detailed descriptions of the phases is as follows and as shown on the contract drawings). Section A - 3P (Revised 12/15/04) Page 7 of 29 Phase I will involve a traffic control configuration which will allow one -way traffic only in the east bound direction on the south side of the existing Buddy Lawrence Drive roadway between Sta. 15 +00 to Sta. 28 +00. Two -way traffic will be maintained between Sta. 0 +00 to Sta. 15 +00 during this Phase. Phase II will involve a traffic control configuration which will allow one -way traffic only in the east bound direction on the north side of Buddy Lawrence Drive roadway between Sta. 0 +00 to Sta. 21 +50. Two -way traffic will be maintained between Sta. 21 +50 and Sta. 28 +00 during this. Phase. Additionally, a temporary roadway will be constructed and maintained between Sta. 5 +10 and 15 +10 throughout the duration of Phase II. Phase III will involve a traffic control configuration which will allow two -way traffic on the newly constructed Buddy Lawrence Drive roadway. The north side of Buddy Lawrence Drive between Sta. 0 +00 to Sta. 15 +00 will be closed off. Start of Phase I is delineated by the Notice to Proceed. Start of all subsequent phases is delineated by the setting up of traffic control devices and first day of traffic diversion. Completion for each phase shall be based on satisfactory work, completed in accordance with the plans, specifications and other contract documents and accepted by the City. The Contractor shall submit to the City Engineer a work plan based on Calendar Days. This Plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals 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: section A - SP (Revised 12/15/04) Page 8 of 29 A. The schedule of construction shall be structured to meet all requirements of Section A -6 "Time of Completion /Liquidated Damages" and as noted above. B. The schedule of construction shall not conflict with any provision of the Contract Documents, and also that when the City is having other work done, either by contract or by City forces, the. City Engineer may direct the time and manner of constructing the work done under this Contract so that conflicts will be avoided and the construction of various works being done for the City will be harmonized. C. Traffic control is essential to maintaining public safety and flow of traffic. The Contractor shall be aware of other construction projects occurring in the area and shall coordinate scheduling, traffic control, maintenance of services and street access with other contractors. D. Contractor shall coordinate and cooperate with the City for construction scheduling and traffic control modifications for special events that will occur during the period of the Contract. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, benchmarks, baselines, etc. that are normally required to construct a project of this. nature. Major controls and two. (2) bench marks required for project layout, will be provided by the Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a, control point or bench mark, the Contractor shall provide the Consultant Project Engineer 48 hours notice so that alternate control points can be established by the 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 Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. Section A - SP (Revised 12/15/04) Page 9 of 29 The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Registered Professional Land Surveyor (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the R.P.L.S. and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line -- both sides of street on a 200' interval; • Street crowns on a 200' interval and at all intersections. Wastewater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permito). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). 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 2 Project signs as furnished by the City and as indicated on the following drawings. (Attachment I) The signs must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/04) . Page 10 of 29 A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi: in support of Equal Employment Opportunity goals and objectives of the .Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the. City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. . Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican- Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate.and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 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 51.0W 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 51.0W 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). Section A - SP (Revised 12/15/04) Page 11 of 29 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.01 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. a. Minority: See definition under Minority Business Enterprise. b. 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 51.01 of whose assets or interests in the corporate shares are owned by one or more women. c. 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 50.01 of the contract work itself and in which a minority joint venture partner has a 50.01 interest, shall be deemed equivalent to having minority participation in 25.01 of the work. Minority members of the joint venture must have financial, managerial,' or technical skills in the work to be performed by the joint venture. 3. Goals (a) The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation (Percent) Minority Business Enterprise 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. Section A - SP (Revised 12/15/04). Page 12 of 29 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 onto submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) (NOT USED) The Contractor shall assure the appropriate building inspcctiona by the Beading Inspection Division at the various intcrvala of work for which a permit is required and to assure a final inspection after thc building is completed and r ady for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B 6 2 of thc Ccncral Proviaie* o o hereby amended in that the Contractor mutt pay all fccs and charges levied by the City'a Building Inspection Department, and all other City fcco, including water /wastewater meter fccs and tap fccs 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. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10 %) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas.. The amount of the bond reinsured by any reinsurer may not exceed ten'percent (10%.) of the reinsurer(s capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that. is certified by the United States Secretary of the Treasury and that meets all the above requirements. Section A - SP (Revised 12/15/04) Page 13 of 29 The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption (NOT USED) (PTO LONGER APPLICABLE) thc following substituted in lieu thereof. Christi do not qualify for cxcmptione of Dales, Excise, and U3c Taxes Public Finance of the Texas Administrative Codc, or such other rules or Tcxao. 2. Identify in the appropriate space on the "Statement of Materials and Other Charges" in thc proposal form the coot of materials physi ally 3. Provide resale certificates to suppliers. 1.. Provide thc City with copies of material rnvoieee to substantiate tho proposal value of materials. must pay for all Eales, Excise, and Use T u:oo applicable to this Project. Subcontractors are eligible for sales tax exempti:ens if thc subcontractor A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: Name: City of Corpus Christi Engineering Services ]Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date. the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. Section A - SP {Revised 12/15/04) Page 14 of 29 For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against. and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and •expenses, including court costs and attorneys' fees,' for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any .property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A -27 Responsibility for Damage Claims (NOT USED) Paragraph (a) Ccncral Liability of Section B G 11 of thc Ccncral Provisions is amended to include: Contractor muot provide Builder's Riok or Installation Floater inourancc covcragc for thc term of thc Contract up to and including Risk er Installation Floater covcragc muot be an "All Risk" form. Contractor must pay all coato ncceosary to procure ouch Builder's A -28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure. to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the.claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for .services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. Section A - SP (Revised 12/15/04) Page 15 of 29 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-Ts 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 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. A -30 Amended "Consideration of Contract}' Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; Section A - SP (Revised 12/15/04) Page 16 of 29 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; 7. A preliminary progress schedule indicating relationships between the major . components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A- 29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. Section A - SP (Revised 12/15/09) Page 17 of 29 A -31 Amended Policy on Extra Work and Change Orders Under 'General Provisions and Requirements for Municipal Construction Contracts" B -8 -5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders, which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended "Execution of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3 -5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre -Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A -35 City Water Facilities: Special Requirements (NOT USED) A. Vioitor /Contractor Orientation have on thcir person a valid card ccrtifying thcir prior Section A - SP (Revised 12 /15/04) Page 18 of 29 attendance at a Visitor /Contractor Cafcty Oricntation Program conductcd by thc City Watcr Department Personnel. A to Attachment 1. The Contractor shall not start, operate, or atop any pump, 1 item ralatcd to City water facility at any time. All ouch items C. Protection of Watcr Quality watcr in the job sitc -and shall coordinate its work with thc City Watcr Department to protcct the quality of thc water. D. Conformity with ANSI /NSF Standard 61 transportation, rcinotallation, and inspcction of pumps, or any othcr items, which could comc into contaet with potable watcr, Standard Specifications. Such materials include all solvents, cl anero, lubricants, gaskets, thread compounds, coatings, or hydraulic equipment. authorized City personnel immediately prior to use. could comc into contact with potable water. E. Handling and Disposal of Trash All trash gcncratcd by thc Contractor or his cmployccs, agents, or subcontractors, must be containcd at all times at thc watcr facility sitc. Blowing trash will not be allowcd. The Contractor shall ]cccp work ar as clean at all times and remove CONTRACTOR'S ON SITE PREPARATION F. Contractor's perconncl must wear colorcd uniform ovcrallo othcr C. company name and individual employee identification. Contractor shall provide telephones for Contractor personnel. Friday. I. Contractor must not uac any City facility rcotrooms. Contractor must providc own sanitary facilities. J. All Contractor vchicics must bc parked at deoignatcd sitc, as vehicles must bc clearly labcicd with company name. N privatc cmpl ycc vchicics arc allowcd at O. N. Ctcvcno Water Tr atmcnt Plant. All peraonncl must bc in company vchicico. During working hours, contractor employees must not lcavc thc dcaignatcd construction ar a nor wandcr through any buildings othcr than Section A - SP (Revised 12/15/04) Page 19 of 29 ACQUICITTON) must bc performcd only by gshlificd technical and aupervi3ory , additions, changes, selections, furniohig, installing, connecting, programming, customizing, debugging, calibrating, or placing in operation all hardwarc and /or seftwarc specified or and control oy3tcm bual.neaa, prcfcrably as applied to thc municipal water and wastewater industry. 2. He has performcd work on ayatcma of comparable size, type, and complexity as rcquircd in this Contract on at lcast three prior projects. specified hcrcin for at lcaat 5 year. 4. Hc employs a Rcgiatered Profcooional Enginccr, a Control Eyotcm3 Enginccr, or an Elcctrical Enginccr to auperviao 5. Hc cmpl-oya peraonmea on thin Prof -cct who have succcaafully completed a manufacturcr'3 training cour3° in configuring and implementing thc Specific comp.cra, RTtC'3, and software proposed for thc Contract. ocrvicc facility within 400 milca of thc Projcct :Ate to maintain, rcpair, calibrate, and program the systems Specified herein. 7. Hc zhall furnish equipment which is thc product of ono manufacturer to thc maximum practical extent. Whcrc this is not practical, all cquipmcnt of a givcn type will bc thc product of one manufacturer. 8. Prior performance at thc 0. N. Stevens Water Tr atmcnt Plant will bc used in evaluating which Contractor or 9. Thc Contractor shall product all filled out programming baock3 required to allow thc programming as needed and quired, to add these two . fy3tcm3 to thc existing City CCABA system. Attached is an example of thc required in and given to thc C4ty Enginccr with all changc3 mad° during the programming phase. The attached Sheet ir3- an cxamplc and io not intended to Show all of thc rcquircd ahcct3. Thc Contractor will providc all programming blocks Uscd. L. Trenching Rcquircmcnto No trenching machines shall bc allowcd on thc project. Section A - SP (Revised 12/15/04) Page 20 of 29 A -36 Other Submittals 1 Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in 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 successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. Section A - SP (Revised 12/15/04) Page 21 of 29 3. Test and Repair Report: When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A -37 Amended "Arrangement and Charge for Water Furnished by the.Czty" Under "General Provisions and Requirements for Municipal Construction Contracts ", B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan "). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the, Plan to Contractor at the pre - construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors `B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) conatitutc final acceptance of the Iap ovementa under Cencral Proviaion -E 4-4, A -40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory Priming and hot -mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a calendar day and the Contractor will be compensated at the unit price indicated in the Proposal. Section A - SP (Revised 12/15/04) Page 22 of 29 A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City - related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall .indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees; agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A -44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub - contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical substitutions /field changes. (2) Changes in equipment and substitutions. (3) "Nameplate" data on all installed dimensions due to dimensions due to equipment. Section A - SP (Revised 12/15/04) . Page 23 of 29 (4) Deletions, additions, and changes to scope of work. (5) 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. 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 whatever on the project, Contractor shall excavate and expose all existing pipelines of the project that cross within 20 -feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300 -feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300 -feet maximum O.C. 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. 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 until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for as indicated in the Proposal. Contractor shall provide all his own survey work effort (no separate for exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) pay) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Section A - 8P (Revised 12/15/04) Page 24 of 29 Contractor shall coordinate his work with AEP and inform AEP of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B -8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against, the Contractor or any other individual.or entity." A -50 Amended "Prosecution and Progress" Under "General Provisions and Requirements for Municipal Construction Contracts ", Section B -7 "Prosecution and Progress ", add the following: "Funds are appropriated by the City on . a yearly basis. If, funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs. Such costs shall be addressed through a change order to the contract. • A -51 Allowance The item included in the Base Bid items described as "Allowance For Unanticipated Adjustments" has been set as noted and shall be included in the Total Base Bid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of existing or planned improvements or heretofore unknown structure or similar situation warrant, the use of the allowance funds. Should the use of funds from the allowance become necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor. There is no guarantee that any of these funds will be needed to be used throughout the course of the work. A-52 Mobilization Bid Item The Mobilization Bid Item shall include mobilization and demobilization and shall not be greater than 8% of the total base bid. 75% of the item shall be paid upon mobilization and 25a will be paid upon completion of the project. Section A - SP (Revised 12/15/04) Page 25 of 29 A -53 Pumping Bypass Plan And Operations a. General:- Contractor shall provide a minimum of 72 hour notice to the Wastewater Dept. for the startup of bypass operations once the completed bypass plan (as delineated in a subsequent paragraph of this item) has been approved by the design engineer. The contractor shall consider and be responsible for the effects on the collection system area both upstream and downstream of the bypass. Upstream effects include, but are not limited to backups and overflows. Downstream effects include, but are not limited to surcharges and overflows. Contractor is completely responsible for providing, installing, operating, and maintaining a pumping and flow control bypass system. Contractor shall neither. anticipate nor expect any assistance from the City of Corpus Christi departments for any of the bypass operation. Some locations require multiple bypass systems. If bypass system is provided with air release valves the valve drains shall be piped to a manhole for discharge. Contractor shall make all effort.to minimize spills of raw wastewater during the improvements and bypassing. All spills and sanitary sewer overflows shall immediately be reported to the City at 361- 826 -2489 and contractor shall be solely responsible for clean -up of said spillages or overflows at no additional cost to the City of Corpus Christi. Contractor can work extended hours to perform the improvements during the bypass operation. Work during extended hours cannot create a nuisance for the neighbors. Once the lift station is taken out of service and bypass operations begun work shall be continuous on the lift station improvements until all improvements are completed and the lift station returned to service. b. Bypass Pump: Pumping capacity of the bypass pump shall be capable of handling the flow conditions at all times and shall be a minimum of 1.5 times the proposed pump capacity. Pumps shall be diesel operated, self- priming, auto- starting pumps (Godwin, Rain- for -Rent, or approved equal). Pumps shall be equipped with critically silenced, sound attenuated enclosures with a maximum 65 dB (10 -feet from pump) and a diesel day tank with a minimum 24 -hour runtime without refuel. c. Inclement Weather: Contractor shall not be allowed to commence bypass operation should inclement weather be forecast for the period of the scheduled improvements. d. Bypass Operations: 1) Before beginning bypass operations, the consultant engineer /City /operating department is responsible for field . verification of pumps, piping, and equipment, etc., matching approved submittal specification and performance levels. 2) Contractor is responsible for operation and maintenance of the bypass pumping system and fuel for the system. 3) Before beginning bypass, operations, contractor shall provide emergency contact info /cell phone number of bypass operators /monitors, project superintendent and pump supplier. Section A - SP (Revised 12/15/04) Page 26 of 29 Once the bypass plan is approved and 72 hours prior to initiation of the bypass the contractor is responsible for setting up a meeting between the consultant engineer /City /operating department to affirm- the approved bypass plan and verify the site installation conforms to the approved plan. 5) No bypassing shall be initiated on Friday through Monday, or the day immediately following or preceding a City holiday.' 6) The City is permitted through the Texas Commission on Environmental Quality to operate the wastewater system. The final authority comes from the City as to the operation of the wastewater system and as such it reserves the right to halt the bypassing operation at any time in order to maintain public health and safety. e. Bypass Plan: It shall be the contractor's responsibility to submit, in writing, a bypass pumping system plan prior to the installation of any bypass pumping system proposed for use. The approval protocol is as follows: The contractor prepares and submits the plan to the Engineer. The Engineer reviews the bypass plan and coordinates approval with Engineering Services and the operating department. At a minimum the bypass plan should include the following items: 1) Size, type and rating or pumps. 2) Size and type of inlet and discharge piping. 3) Approximate location (schematic) of bypass pumping components. 4) General arrangement /type of additional support equipment. 5) Contractor personnel list of those manning the bypass system 24 hours a day. 6) Traffic Control Plan if the bypass is within the right -of -way. 7) Decant location. 8) Handling of flows: Contractor is responsible to assure that the wastewater collection system is not compromised during the period in which the lift station has been shut off for bypass installation, and contractor shall insure that the system operates properly during this period. A -.54 Geotechnical Report A geotechnical report entitled "Subsurface Exploration and Pavement Recommendations For The Proposed Buddy Lawrence Drive Rehabilitation Project Interstate 37 to Antelope Street ( #6506) Corpus Christi, Texas November 11, 2010" is included as an Appendix to these Specifications. A -55 Storm Water Pollution Prevention Plan This Project is required to.have a Notice of Intent (NOI) submitted as per Part II.D of the TPDES General Permit No. TXR150000. The. Contractor will be required to submit a NOI along with the appropriate fee, and complete a Construction Site Notice for this Project. Section A - SP (Revised 12/15/04) Page 27 of 29 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 NOT and Construction Site Notice at the construction site in a conspicuous location where it is readily available for viewing by the general public, local, state and federal authorities, prior to commencement of any construction activities. The Contractor will be required to submit a Notice of Termination (NOT) upon completion of this Project. The Contractor shall adhere to the requirements of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the. Contract Documents. A-56 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all wastewater (sanitary acwcr) and storm water gravity lines and manholes installed on this Project. All inspections shall be made. in accordance with Etandad Technical Specification Section 027411 427011 "Television Inspection of Conduits ". A -57 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 lieu of the Proposal Form (Pages 3 through 15, inclusive). shall list all bid items (including any additive alternatives) contained on the Proposal Form (Pages 3 inclusive). The print -out shall be substantially in the Attachment II. print -out, in The print -out or deductive through 15, form shown on If .the bidder chooses to submit a print -out, the print -out shall be accompanied by properly completed Proposal Form pages 1., 2 and 15. In addition, the print -out shall contain the following statement and signature. (Bidder) herewith certifies that the unit prices shown on this print -out for bid items (including and 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 the Proposal Form (Column II) and then totaling the extended amounts. (Signature) - (Title) (Date) Section A - SP (Revised 12/15/04) Page 28 of 29 SUBMITTAL TRANSMITTAL FORM PROJECT: BUDDY LAWRENCE FROM IH 37 TO ANTELOPE STREET (BOND 2008), PROJECT NO.6506 OWNER: CITY OF CORPUS CHRISTI ENGINEER: COYM, REHMET & GUTIERREZ ENGINEERING, L.P. CONTRACTOR SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING S025215 S025404 S025412 5025424 S025608 5025807 S025813 S025816 5026206 5026210 5026404 S026409 S026411 S026416 S027202 5027205. 5027402 S030020 S055420 T021340 T025233 T028000 T025604 T038020 SUBMI TTAL Cement Stabilized Caliche Base Asphalts, Oils and Emulsions Prime Coat (Asphaltic Material Only) Hot Mix Asphaltic Concrete Pavement (Class A) Inlets Pavement Markings (Thermoplastic) Preformed Striping and Emblems Raised Pavement Markers and Traffic Buttons Ductile Iron Pipe and Fittings PolyvinylChloride Pie (AWWA C900 & C905 Water Service Lines Tapping Sleeves and Tapping Valves Gate Valve For Water. Lines Fire Hydrants Reinforced Concrete Pipe Culverts Fiberglass Manholes Reinforced Concrete Pipe Culverts Portland Cement Concrete Frames, Grates, Rings and Covers Bank Sand Bedding and Backfill Crushed Limestone Flexible Base Cured -In -Place (CIPP) For Gravity Applications Concrete Pavement Cement Stabilized Sand Section A - SP (Revised 12/15/04) Page 29 of 29 r ATTACHMENT NO,1 L� COMFIER MOOT gaumusamiraismalmozzamem Al 31,4755Y soa►etpwakei Ax En. tom. 5,0i3 a Cavot army Skov gm )1 M /bra& Warts cabs EttpTatillissagel Dr Was Chum .Sdy '4411109*. 44.4403)*Aareq kgfaci srb,'flai k '.a' � ' f liAnicsee7ad Attaebxne at TX Tags 1 of 1 �s AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of SEPTEMBER, 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 $2,720,346.50 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 (TOTAL BASE BID: $2,720,346.50) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 270 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. City Attorney ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) CITY OF RPUS CHRIS By: Juan Perales, Jr.,P,�. Assistant City Manager Public Works, Utilities, and Transportation By: Pete Anaya, P. . Director of Engineering Services CONTRACTOR Berry Contracting, LP dba Bay, Ltd. By c� Title: s�,�- .a\ -`,,, P.O. Box 9908 (Address) Corpus Christi, TX 78469 (City) (State)(ZIP) 361/299 -3721 * 361/289 -2304 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 1!7I NC1L SECRETARY�vi./ P R O P O S A L F O R M FOR BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT N0.6506 7 7" DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Revised Proposal Form Page I of 18 ADDENDUM NO. 1 Attachment Na. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 P R O P O S A L 5 Place: sa v 1:).a 5 Date: -- it Proposal of t JP,, Ccsn c' �. 1.27) }spi_ a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as T0: The City of Corpus Christi, Texas Gentlemen: The undersigned.hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit: Revised Proposal Form Page 2 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 Revised Proposal Form Page 3 of 18 ADDENDUM NO. 1 Attachment No. 5 TY &QUNIT DESCRIPTION UNIT R CE TOTAL PART "A" STREET IMPROVEMENTS Al 1 L.S. Mobilization, Complete In Place Per ,203 cao,;}�D[D Lump Sum. $ - -- .v- _ $ Zak o: .. 0© A2 4.9 AC. Clear Right -Of -Way, Complete In $20 i O 9 $ 5 0, 0 Place Per Acre. 1 A3 15,430 S.X. Street Excavation, Complete In $ ill ; O Place Per Square Yard. A4 45 Y 0 Demo and Remove Exist. Concrete Roadway Slab, Complete In Place Per $ 1.3a ©( O.. a)Ci Square Yard. } A5 360 C.Y. Ditch Backfill, Complete In Place $ L S_ t_D O Per Cubic Yard. A6 350 S.Y. Milling 1" - 3 ", Complete In Place Per Square Yard. $ -1(00, =`O A7 15,430 S.Y. 12" Compacted Subgrade, Complete In $ ,1 Place Per Square Yard. `.-9 q= 00 ),- AS 15,430 S.Y. Geogrid (TX5), Complete In Place $ Per Square Yard. $ L11-; ' C3 [� �� `O A9 15,430 S Y 9" Crushed Limestone Flexible Base (Type A, Grade 1), Complete In $ , e 0 Place Per Square Yard. J A10 2,050 GAL. Prime Coat (0.15 GAL /SY) MC -30, Complete In Place Per Gallon. $ 0 $ �a O -. O `� A11 13,170 S.Y. 2" H.M.A.C. Pavement (Type D) Base Course, Complete In Place Per Square Yard. $ 9 , O $ \ S. It kS, CCU Al2 13,610 5.Y. 2" H.M.A.C. Pavement (Type D) Surface Course, Complete In Place Per Square Yard. $ ( .u. =� $ _`'_"'w� a.ti_29 A13 13, 610 S.Y. Seal Coat, Complete In Place Per Square Yard. $ ) $ :It- 4 O a' i] 1 Revised Proposal Form Page 3 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 IITITEIIIIIIIIEEIIIIIIMIIIIIIMIIIIIIIIIEIEIIIIIIIMIIMI IV ---. —v ETEM QUNIT DESCRIPTION UNIT PRICE TOTAL L, PART "A" STREET IMPROVEMENTS (CONT'D) A14 13,780 S.F. 6" Concrete Driveways, Complete In Place Per Square Foot. $ Le . (( 0 $ ct O) 8. 00 A15 2,250 S.F. Concrete Bus Pad, Complete In Place Per Square Foot. $ $ � _. D D 3. X116 350 Cement Stabilized Sand Backfill, $ O $ 00 ` S.Y. Complete In Place Per Square Yard. A17 2 EA. Survey Monument, Complete In Place Per Each. $ ? `} - 0 ° $ (0"? U. DO A18 1 EA. Ozone Day, Complete In Place Per Each. $ ice). D $ i D O O 1 A19 S DO Unanticipated Concrete Driveway Removal, Complete In Place Per Square Foot. $ 2 , S 0 $ 2-;:co. p 9 A20 EA5 Reflective Pavement Mrk. Type 1 (W) "Arrow ") , Complete In Place Per Each. $ .O O $ I+ D A21 9 EA. Reflective Pavement Mrk. Type 1 (W) ( "Only "), Complete In Place Per Each. $ c. 10 . O 0 $ 2.07. 0 _ 00 A22 LL.F. Reflective Pavement Mrk. Type 1 (W) Solid, Complete In Place Per Linear Foot. $ $ D 0 A23 1,410 L.F. Reflective Pavement Mrk. Type 1 (47) 4" Solid, Complete In Place Per Linear Foot $ 0 • S 0 $ 70 S. 0 ep A24 4,450 L.F. Reflective Pavement Mrk. Type 1 (Y) 4" Solid, Complete In Place Per Linear Foot. $ $2 0 p Revised Proposal Form Page 4 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 I II III Iv xr =TEN! QUOIT DESCRIPTION PRICE TOTAL PART "A" STREET IMPROVEMENTS (CONT'D) A25 3,100 L.F. Reflective Pavement Mrk. Type 1 (Y) 4" Brk., Complete In Place Per Linear Foot. $ `�' O ! $ 1 `-n OP. Q 0 X26 200 L.F. Reflective Pavement Mrk. Type 1 (W) 24" Solid, Complete In Place Per Linear Foot. $ '' 0 $ E k O . 0 A27 110 EA. Raised Refl. Pvmt. Mrk. (TYII -A -A) Yellow, Complete In Place Per Each. $ `' $� _ O `� r-- A28 72 EA. Raised Refl. Pvmt. Mrk. (TYI -C) White, Complete In Place Per Each. $ $~ 0 O A29 7 EA. Raised Refl. Pvmt. Mrk. (TYII -B -B) Blue, Complete In Place Per Each. $ "' 0 $ ~ ' ,S O A30 6 EA. Street Sign Assembly w /9" Blades (Green) and Stop Sign, Complete In Place Per Each. $ 3 L:5! Q © $ 2 t 0 - 0 A31 1 EA. Speed Zone Sign, Complete In Place Per Each. $ �4 O $(, O A32 11 EA. Other Regulatory Signs, Complete In Place Per Each. $ 3 0 . .0 S3 $ s ,:3.' o `O A33 4 EA. Relocate Existing Signs, Complete In Place Per Each. $ ? 0o. O.0 $ ?oO- 00 A34 2 EA. Mailbox Relocation, Complete In Place Per Each. $ l i` O . $'' i3 A35 100 L.F. Fence Relocation, Complete In Place Per Linear Foot. $1 O(} � $ `r1 Q A36 1 L.S. Traffic Control, Complete In Place Per Lump Sum. $ 000 0 o $ q f.) O., — J Revised Proposal Form Page 5 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH--37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 I II III IV - ` -- V I=TEM & UNIT DESCRIPTION PRICE TOTAL PART "A" STREET IMPROVEMENTS (CONT'D) X37 238 1710 3 Y 1 L.S. Temporary Roadway For 4asc II Construction, Complete In Place Per $ Y.0 0 $ C Square Yard. 000. 00 Exploratory Excavations, In Place Per Lump Sum. Complete $ �' �' �3g 1 L.S. Street Improvements Allowance, Complete In Place Per Lump Sum. 2L .a G0 O. 0 $ $ 25, 000 SUBTOTAL PART "A" STREET IMPROVEMENTS (ITEMS Al-A39) $ 1 36,.E ,_Q 7, 5X.) PART "B" STORM WATER IMPROVEMENTS B1 4,415 S.Y Block Sodding, Complete Per Square Yard. In Place $ .- h ' $ 2 t1 , S ' B2 500 S.Y. Seeding, Complete In Place Per Square yard. y $ `a' ' $ O O B3 555 L.F. 18" Dia. RCP (Class III), Complete In Place Per Linear Foot. $ O ,- $- '° $� 84 5D5 L.F. 24" Dia. RCP (Class III, Complete In Place Per Linear Foot. $ 1 4 O�0 $ ^�� i5� 85 260 L.F. 30" Dia. RCP (Class III), Complete In Place Per Linear Foot. $ i O , $ =.),--) 0� 00 86 60 I,,F. 36" Dia. RCP (Class III), Complete In Place Per Linear Foot. , $ I tai. 0 0 $ - 4j4OD, O — 87 785 L.F. L.F. 42" Dia. RCP (Class III), Complete In Place Per Linear Foot. $9 O t4 88 210 L.F. 48" Dia. RCP (Class III), Complete In Place Per Linear Foot. r $ O ' O $- t 800: COQ Revised Proposal Form Page 6 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH--37 TO ANTELOPE STREET (BOND 2006) PROJECT NO. 6506 I II III IV = TEM & gUNIT DESCRIPTION PRICE 1 PART "6" STORM WATER IMPROVEMENTS (CONT' D) V OTAL 54" Dia. RCP (Class III), Complete In Place Per Linear Foot. $2 7, 3c' Tie Prop. 18" RCP Into 11' x 8.25' Concrete Box, Complete In Place Per Each. $ 12— il, . Q:) Tie Prop. 24" RCP Into 11' x 8.25' Concrete Box, Complete In Place Per Each. Tie Prop. 54" RCP Into 11' x 8.25' Concrete Box, Complete In Place Per Each. Tie Into Exist. Storm Water Manhole, Complete In Place Per Each. $ 0 J . c3 $ $ } 'LCD 10 $ a-- .oJ O. o3 1 5' Curb Inlet (Type 2), Complete In EA. Place Per Each. 3 5' Inlet Extension, Complete In EA. Place Per Each. $ ‘C.:"()00- oo $ SG 00- Or; $. _ 3 0.0 , 00 4 Sidewalk Drain, Complete In Place EA. Per Each. 5,190 6" Concrete Curb and Gutter, L.F. Complete In Place Per Linear Foot. Clean and Remove Dirt From Exist. Curb and Gutter, Complete In Place Per Linear Foot. 12 Concrete Storm Water Manhole (Type EA. 'A "), Complete In Place Per Each. %3 0 0 .0 . 00 Adjust Existing Storm Water Manhole To Finished Grade, Complete In Place Per Each. Revised Proposal Form Page 7 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 200B) PROJECT NO. 6506 1 II III IV p I=TEM TY & IINIT DESCRIPTION UNIT C TOTAL, r -� PART "B" STORM WATER IMPROVEMENTS (CONT'D) B22 90 S.Y. Pavement repair, Complete In Place Per Square Yard. C.%' $ O0 $R L �' B23 1 E. Cut and Plug Exist. 18" RCP Storm Sewer, Complete In Place Per Each. $ ° $ f �' �� ' D 8 .29 1 EA. Cut and Plug Exist. 24" RCP Storm Sewer, Complete In Place Per Each. $ 65 o o. u o $ C t3 J B25 60 L.9 Unanticipated Curb and Gutter Removal, Complete In Place Per Linear Foot. $ $ `a' 00 B26 1,200 L.F. Silt Fence For Storm Water Pollution Prevention, Complete In Place Per Linear Foot. $SID $ Q OD B27 260 L.F. 12" Erosion Control Log, Complete In Place Per Linear Foot. $ 4 $ ia 7328 2,825 L.F. Trench Safety For Storm Water Conduits, Complete In Place Per Linear Foot. �f_ $ "� _ $ i� O B29 33 EA. Trench Safety For Storm Water Structure, Complete In Place Per Each. $ 1 fi r ? . 9 0 ; $ L 0 0 B30 1 L.S. Storm Water Improvements Allowance, Complete In Place Per Lump Sum. -.1..5 o oo�• v o $ $ 2 5,000 SUBTOTAL PART "B" STORM WATER IMPROVEMENTS (ITEMS B1 -B30) $ Qr'E s .•7d J Revised Proposal Form Page 8 of 18 ADDS DtJM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 IIIIEIIM® III I*TEN QTY & UNIT DESCRIPTION UNIT PRICE T O PART "C" WATER DISTRIBUTION IMPROVEMENTS C1 150 L. F. 6" Ductile Iron Waterline, Complete In Place Per Linear Foot. $�. ors TAL C2 330 L.F. 8" C900 PVC (DR18) Waterline, Complete In Place Per Linear Foot. $ ; . .? O $ 6. 0 C3 1 EA. 6" Gate Valve and Valve Box, Complete In Place Per Each. $ 04 3 EA. 8" Gate Valve and Valve Box, Complete In Place Per Each. $ q'1 0 O $ C5 1 EA. 2" 90° Bend For Water Service Line, Complete In Place Per Each. $ 37, o $ t3 fe far, C6 8 EA. 6" 45° D.I. Bend, Complete In Place Per Each. C7 EA. 8" 45° D.I. Bend, Complete In Place Per Each. $ 22- s: ,U�J- $ c8 2 EA. 8" 90° D.I. Bend, Complete In Place Per Each. $ Sio• o 09 3 EA. 6" Tie-In Connection, Complete In Place Per Each. $ (,0c1. 00 $7' ao, -0' 010 2 EA. 8" Tie -In Connection, Complete In Place Per Each. $2-4-00. «o $ C11 1 EA. Out and Plug Exist. 2" Galvanized Water Main, Complete In Place Per Each. $ pp. op $ Ccs °. °o C12 2 EA. 8" Test Riser, Complete In Place Per Each. $ t2co, i3D C13 1 A. Connect To Existing Water Meter, Complete In Place Per Each. $ ; Lj a , 0 C) Revised Proposal Form Page 9 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 I II III IV ITEM QTY & UNIT DESCRIPTION• R ICE TC PART "C" WATER DISTRIBUTION IMPROVEMENTS (COT' D) Tie -In Exist. 1" Copper Service Line To Prop. Water Main, Complete In Place Per Each. TAL $ 1400, 0 ;7 $ 9`{oo. 00 135 2" PVC Water Service Line, Complete L.F. In Place Per Linear Foot. 1 6" x 6" x 2" D.I_ Tee, Complete In EA. Place Per Each. 1 8" x 8" x 8" D.I. Tee, Complete In EA. Place Per Each. 3 Fire hydrant Assembly, Complete In EA. Place Per Each. $ iS LS- go $ 1.50:00 $ 4-0D. 00 $ *7o0. o3 45 Pavement Repair For Water, Complete S.Y. In Place Per Square Yard. Adjust Exist. Water Valves and Meter Boxes To Finish Grade, Complete In Place Per Each. 480 Trench Safety For Waterlines, L.F. Complete In Place Per Linear Foot. $ t 5 00 $ aL 0. Oo Water Distribution Improvements Allowance, Complete In Place Per Lump Sum. SUBTOTAL, PART "C" WATER DISTRIBUTION IMPROVEMENTS (ITEMS C1 -C22) $ o PART "D" SANITARY SEWER IMPROVEMENTS Mobilization and Demobilization For Cured -In -Place Pipe (CIPP), Complete In Place Per Lump Sum. l Setup Charge For CIPP Installation, D2 EA. Complete In Place Per Each. $ "O �'O $ 34,00 00 $ 2aoo. 00 Revised Proposal Form Page 10 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 Revised Proposal Form Page 11 of 18 ADDENDUM NO. 1 Attachment No. 5 ITEM & IINIT DESCRIPTION TOTAL PART "D" SANITARY SEWER IMPROVEMENTS (CONT' D) D3 30 L.F. Obstruction Removal By Remote Device, Complete In Place Per Linear Foot. -).-7 $ ., c, 5.0 $ k\-1 ,5, 4;0 D4 L30 .F. 6" Pipebursting Sanitary Sewer Rehabilitation to 8" Dia., Complete In Place Per Linear Foot. $ D ` _ $ -s O ° O D5 145 L.F. 8" Cured -In- Place Pipe (CIPP) (Including Cleaning Exist. Pipe), Complete In Place Per Linear Foot. r -• _ $ °� $ >' D6 1 690 L.F. 12" Cured -In -Place Pipe (CIPP) (Including Cleaning Exist. Pipe), Complete In Place Per Linear Foot. $ �7D $ ( v 40.00 j,.? D7 EA 4' Dia. Sanitary Sewer Manholes (8' --10' Depth), Complete In Place Per each. €€ ' k $ i bJ' J0 m , $ €o.D. 00 D8 1 EA. Rehabilitate Exist. 4' Dia. Manholes (B' -10' Depth) , Complete In Place Per Each. $,s; Jco , 00 $ 0. fl D9 7 EA. Rehabilitate Exist. 4' Dia. Manholes (10'- -12' Depth), Complete In Place Per Each. $ 1 JJ" 00 , oa $ fi 400. Do D10 1 EA. Rehabilitate Exist. 4' Dia. Manholes (12' -14' Depth), Complete In Place Per Each. , $ ) I) q (-'Q, 0 0 $_10 Op, o0 D11 3 EA Trench Safety For Sanitary Sewer Structure, Complete In Place Per Each. $ l? CO, ot) $ U.Q.D. 00 D12 L S Dewatering Mobilization and Demobilization, Complete In Place Per Lump Sum. )e 0 o. R v $ $��' �'C' Revised Proposal Form Page 11 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 I II III IV -~ =TEM QTY & UNIT DESCRIPTION UNIT PRICE TO PART "D" SANITARY SEWER IMPROVEMENTS (CONT'D) D13 TAL 3 EA. Dewatering Trench For Sanitary Sewer Structure, Complete In Place Per Each. i 20o. 1)0 D14 1 L.S. Sanitary Sewer Improvements Allowance, Complete In Place Per Lump Sum. 00 5, 000 SUBTOTAL PART "D" SANITARY SEWER IMPROVEMENTS (ITEMS D1 -D14) $ )---?`R° („.6 or) PART "E" GAS IMPROVEMENTS El 4 EA. Adjust Existing Gas Valve To Finish Grade, Complete In Place Per Each. $ % 0" 0 O E2 20 L.F. Trench Work Associated With Gas Line Relocation (8' -10' Deep), Complete In Place Per Linear Foot. $ O 0 $ (ioo•0� SUBTOTAL PART "E" GAS IMPROVEMENTS (ITEMS E1 -E2) $ iL 0, 00 PART "F" A.D.A. PEDESTRIAN IMPROVEMENTS F1 23, 670 S.F. 4" Concrete Sidewalk With 6" Bank Sand Bedding (5' Wide Typ.), Complete In Place Per Square Foot. $ '- . 'A 0 $ 1 13c-1(u .coo F2 1,300 S.F. Concrete Curb Ramp, Complete In Place Per Square Foot. $ 17.c�D $ Z, 1 c3 . no F3 100 S.F. Unanticipated Concrete Sidewalk Removal, Complete In Place Per Square Foot. $ 0 $ 2_90 F4 450 L.F. Reflective Pavement Mrk. Type 1 (W) (Crosswalk) (10' Wide) , Complete In $ D o Place Per Linear Foot. $ 2,1 QfZ : op Revised Proposal. Form Page 12 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2005) PROJECT NO. 6506 111 111111111EE1111 QTY & UNIT DESCRIPTION PART "F" A.D.A. PEDESTRIAN IMPROVEMENTS (CONT' D ) F5 v TOTA2, 900 Concrete Pedestrian Bus Pad, S.F. Complete In Place Per Square Foot. $ 11-.1 $ SUBTOTAL PART "F" A.D.A. PEDESTRIAN IMPROVEMENTS (ITEMS F1 -F5) $ (c%;-4-c1(;. � O PART "G" MIS IMPROVEMENTS G2 2,500 L.F. 2" PVC Electrical Fiber Optic Conduit, Complete In Place Per Linear Foot. $ i : ;o $ is 7s0 00 3 EA. 24 "Wx36 "1x18 "D Conduit Ground Box, Complete In Place Per Each. $ -00 .0o $ (,009, c SUBTOTAL PART "G" MIS IMPROVEMENTS (ITEMS G1-G2) $aci - 7 ,sJ70O PART "H" ADDITIVE ALT. NO. 1 - JOINTED CONCRETE IN LIEU OF HMAC 13,920 8" Cement Stabilized Caliche Base S.Y (3 %), Complete In Place Per Square Yard. 22,180- S.Y. 1" H.M.A.C. Pavement (Type D) Bond Breaker, Complete In Place Per Square Yard. - H3 H9 H5 12,180 S.Y. 7.5" Reinforced Concrete Rigid Pavement, Complete In Place Per Square Yard. (14,180) Delete Geogrid (Tx5), Complete In S.Y. Place Per Square Yard. (14,180) S.Y. Delete 9" Crushed Limestone Flexible Base (Type A, Gr.1), Complete In Place Per Square Yard. Revised Proposal Form Page 13 of 18 ADDENDu N NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 II QTY & UNIT III DESCRIPTION IV UNIT PRICE V TOTAL PART "H" ADDITIVE ALT. NO. 1 -- JOINTED CONCRETE IN LIEU OF HMAC (CONT'D) 116 {12,070} Delete 2" H.M.A.C. Pavement (Type S Y 0) Base Course, Complete In Place Per Square Yard. $ H7 (12, 090) S.X. Delete 2" H.M.A.C. Pavement (Type 0) Surface Course, Complete In Place Per Square Yard. H8 (12, 090) S.Y. Delete Seal Coat, Complete In Place Per Square Yard. SUBTOTAL PART "H" ADDITIVE ALT. NO. 1 - JOINTED CONCRETE IN LIEU OF HMAC (ITEMS H1 -B8) Revised Proposal Form Page 14 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 BID SUMMARY TOTAL BASE BID Subtotal - Part A Street Improvements (Bid Items Al through A39) $ 3L�; R?. Subtotal - Part B Storm Water Improvements (Bid Items B1 through B30) Subtotal - Part C Water Distribution Improvements (Sid Items 01 through C22) Subtotal - Part D Sanitary Sewer Improvements (Bid Items D1 through D14) Subtotal - Part E Gas Improvements (Bid Items El through E2) Subtotal - Part F A.D.A. Pedestrian Improvements (Sid Items F1 through F5) Subtotal - Part G MIS Improvements (Bid Items 01 through 02) TOTAL BASE BID (PARTS: A, B, C, D, E, F & G) $ 20 is cc, BID SUMMARY TOTAL ADDITIVE ALT. NO. 1 Subtotal - Part H Jointed Concrete In Lieu of HMAC (Bid Items H1 through H8) $ /J0 13 TOTAL ADDITIVE ALT. NO. 1 (PART: H) $ BASE BID + ADDITIVE ALT. NO. 1 (PARTS: A, B, C, D, E, F, G & H) t`,. a_ NOTE: The above unit prices must include all labor, materials, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for, and the Owner reserves the right to increase or decrease the quantity of any bid item. The above quantities are approximate, include an additional contingency in some cases, and may vary from the final quantities. DO NOT ORDER MATERIAL BASED ON THESE APPROXIMATE QUANTITIES. Revised Proposal Form Page 15 of 18 ADDENDUM NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bids or bids, that he agrees to do the work, and that no representations made by the City are in any sense w warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional worked caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to City Engineer, — in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed .and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 270 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all the materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number): Respectively submitted: Name: By: (Seal - If Bidder is (A Corporation) Address: O 4 NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers Telephone: g..w - SA2.VY,3i's, (SIGNAT) (P.O. Box) (Street) (City) (State) ' (Zip) Revised Proposal Form Page 16 of 18 (Revised August 2000) ADDENDUM NO. 1 Attachment No. 5 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 929532442 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, SEVEN HUNDRED TWENTY THOUSAND, THREE HUNDRED FORTY -SIX AND 50/100 U.S. Dollars ($ 2,720,346.50 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 27TH of SEPTEMBER , 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: BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 (TOTAL BASE BID: $2,720,346.50) 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. 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) Performance 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 he 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 13TH day of OCTOBER , 2011 . PRINCIPAL. BAY, LTD. By: Title: `y ; �,, w�. n ATTEST: 3r. Secretary Address: PO BOX 9908 CORPUS CHRISTI, TX 78469 SURETY CONTINENTAL CASUALTY COMPANY By: Address: PO BOX 870 CORPUS CHRISTI, TX 78403 Telephone: 361- 883 -1711 361 - 844 -0101 Fax: E -Mail: mmoore @s -gins .com -- (Rev. Date May 2011) Performance 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: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE Address: 500 N SHORELINE BLVD., STE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78401 (City) (State) (Zip) Telephone: 361-883 -1711 E -Mail: rml @s- gins.com 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, 929532442 That Berry Contracting, LP dba Berry, 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, SEVEN HUNDRED TWENTY THOUSAND, THREE HUNDRED FORTY -SIX AND 50/100 U.S. Dollars ($ 2,720,346.50 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 27TH day of SEPTEMBER, 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: BUDDY LAWRENCE DRIVE FROM IH -37 TO ANTELOPE STREET (BOND 2008) PROJECT NO. 6506 (TOTAL BASE BID: $2,720,346,50) 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) 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 seated this instrument in 4 copies, each one of which shall be deemed an original, this the 13TH day of OCTOBER 2011, PRINCIPAL SURETY BAY, LTD • CONTINENTAL CASUALTY COMPANY By: Title: 5V, � �- ; ,, \ "A r • ATTEST: Secretary Address: PO BOX 9908 By: -in -fact MARY ELLEN MOORE CORPUS.CHRISTI, TX 78469 CORPUS CHRISTI, TX 78403 Rev. Date May 2011 Telephone: 361 -883 -1711 Fax: 361-844-0101 E -Mail: mmoore @s -gins _corn 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: RANDAL M. LEE Agency: SWANTNER & GORDON INSURANCE Address: 500 N SHORELINE BLVD., STE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78401 (City) (State) (Zip) Telephone: 361-883-1711 E -Mail: rml@s-gins.com 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 IIlinois 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 Addkison, Tami J Duncan, Cathleen Hayles, Individually of Corpus Christi, TX, their true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 7th day of June, 2011. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Stathy y y en for 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. ELI/A PRICE NOTA YPI*. • STA1E OF ILLINOIS WITCNINSIONEXPIRESO17113 My Commission Expires September 17, 2013 Eliza Price Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an IIlinois 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 i' 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 .13TH day of OCTOBER 2011 Form F6853- 112011 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Q Mary A. R bika>Ji 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 LX 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 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 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 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 VII — 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 17th 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 Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60804 Telephone: (312) 822 -5000 You may also write to CNA Surety at P.O. Box 1068, Houston, Texas 77251 -1068. You may Texas rights t complains Department of Insurance to obtain information on company, coverages, 1-800 -2529 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 �, If the dispute is not resolvedp you m y contact the Texas Department of insurance. may ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached documents. 4 di BUDDY LAWRENCE DRIVE FROM IH-37 TO ANTELOPE STREET (BOND 2008) PROJECT NO 6506 City of SUPPLIER NUMBER us TO BE ASSIGNED BY L:11 Y Christi PURCfIAS/NGDIVISION CITY OF CORPUS CBRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every +question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: L_A_a oce f-ks STREET ADDRESS: s -c.)„ Aw c ,, CITY: t4 �� • ? 's4 FIRM IS: 1. Corporation 4. Association e 2. Partnership rr 3. Sole Owner 5. Other u DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name )\qA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name )■3 laA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." " Name N l A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Revised Proposal Form Page 17 of 18 ADDENDi3Id NO. 1 Attachment No. 5 BUDDY LAWRENCE DRIVE PROM Iii -37 TO' ANTELOPE STREET (BOND 2008) PROJECT NO.-6506 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and. that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Title: Certifying Person: mar Lin a Signature of Certifying Person: e or Print) DEFINITIONS Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed- person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Revised Proposal Form Page 18 of 18 ADDENDUM NO. 1 Attachment No. 5 CERTIFICATE OF LIABILITY INSURANCE OP ID: SRN! DATE (MMIDD/YYYY) 10/13/11 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 POLICIES 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 policy(ies) 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 Beny Contracting, LP dba Bay, Ltd. P.O. Box 4858 Corpus Christi, TX 78469 -4858 361 -883 -1711 361 -844 -0101 COVERAGES CERTIFICATE NUMBER: CONTACT NAME: ACA PHONE . Ego: 3614834711 E-MAIL ADDRESS: PRODUCER CUSTOMER ID It; BERG PC 1 FAX , NO: 361 - 844 -0101 INSURER(S) AFFORDING COVERAGE ENSURER A : Ace American Insurance Co INSURER 8: Ma Property & CasuaIty Ins Co INSURER C: Illinois Union Insurance Co INSURER 0 NA/C 22667 20699 27960 INSURER E : INSURER F : ( #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 POLICIES DESCRIBE! EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ADDL SUER' POLICY EFF POUCY EXP M ISR IMJQ POLICY NUMBER (MMIDDIYYYYM fMM/DDIYYYY) INSR A TYPE OF INS E GENERAL UYBIUTY X COMMERCIAL GENERAL LIABILITY X X CLAIMS -MADE X,C,U Included Contractual IncL x OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JE8- LO �� C AUTOMOBILE LIABIUTY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS X UMBRELLA UAB ✓ X EXCESS UAB HDOG25526545 05/20111 05/20/12 ISAH08634257 05/20/11 05/20/12 vf OCCUR CLAIMS -MADE A DEDUCTIBLE RETENTION $ 25,00% WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOWPARTNER/EXECLMVEYf N OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yvs. describe under DESCRIPTION OF OPERATIONS below XOOG25908043 05/20/11 05/20/12 7 C Pollution WLRC4647224A NIA 05/20/11 05/20F 2 CPYG2464$332004 05/20/11 05/20/12 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule. If more space Is required) See attached notepad for additional coverage information Project: Buddy Lawrence Drive From IH-37 to Antelope Street (Bond 2008) Project No. 6506 CERTIFICATE HOLDER CANCELLATION :u NAMtL A13UVE FOR THE POLICY )OCUMENT WITH RESPECT TO ) HEREIN IS SUBJECT TO ALL PERIOD WHICH THIS THE TERMS, — UMITS EACH OCCURRENCE $ 1,000,000 PREMISES (Ea toccurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ $ V 1,000,040 5,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AEG $ 5,000,000 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accdent) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE $ / 5,000,000 $ 5,000,000 AGGREGATE $ WC STATU- ` OTH- X TORY UMITS [ FR 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 CICO -CC City of Corpus Christi ✓ Engineering Services Attn: Contract Administrator PO Box 9277 !Corpus Christi, TX 78469 -9277 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 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD • INSURED'$ NAME Berry Contracting, LP 1 • - Tyr. • BERGPCI PAGE 2 OP ID: BRNI DATE 10!13!11 Additional Insured as required by written contract in favor of the Certificate Holder. Additional Insured - Owners Lessees or Contractors Scheduled Person or Organization - Form CG2$1010/01 Additional Insured as required by written contract in favor of the Certificate Holder. Additional Insured - Owners, Lessees or Contractors - Completed Operations - Form CG2037 10101 Waiver of Subrogation as required by written contract in favor of Others To Us - Form CG240 r05/ Transfer of Rights of Recovery Against Primary & Non - Contributory - Non- Contributory Endorsement For Additional Insureds - Form LD- 20287 06!06 AUTO ENDORSEMENT /POLICY INFORMATION: Additional Insured as required by written contract in favor of the Certificate Holder. Additional Insured -. Designated Persons or Organizations - Form DA-9U74 12194 Waiver of Subrogation as required by written insured contract in favor of the Certificate Holder. Waiver of Transfer of Rights of Recovery Against Others - Form DA-13115 12102 UMBRELLA ENDORSEMENT /POLICY INFORMATION: Additional Insured & Transfer of Rights of Recovery Against Others to Us - Wording Provided in Policy Form )W-20835 08!06 WC ENDORSEMENTIPOLICY INFORMATION: Waiver of Subrogation as required by written contract in favor of the Certificate Holder. Waiver of Our Right to Recover From Others Endorsement - Form WC000313 11/05 WC00111Dree4and Harbor Workers' Compensation Act Coverage Endorsement - Form Outer Continental Shelf Lands Act Coverage Endorsement - Form WC000109A Maritime Coverage Endorsement - Limits of Liability $1,000,000 Each AccidentlAggregate - Form WC000201A 0492 NOTEPAD: HOLDER CODE CICO-CC INSURED'S NAME Berry Contracting, LP CERTIFICATE HOLDER: City of Corpus Christi Project: Budd( Lawrence Drive From IH -37 to Antelope Street (Bond 2008) Project No. 6506 The General Liability, Auto Liability & Workers Compensation policies Includes an endorsement providing that 30 dais notice of cancellation will be furnished to the certificate holder. L, Auto & WC: Notice to Others Endorsement - ALL32686 01111. BERGPCI OP ID: BRNI PAGE 3 DATE 10/13111 Berry GP Inc . dba Bay, Ltd ./ POLICY NUMBER: HDO G25528545 ENDT. #33 Term: DS /20/11 to 05/20/12 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 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. J City of Corpus Christi Engineering Services - Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 1l — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. R. M. Lee Swantner E. Gordon Ins Agcy LLC CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 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: COMMERCIAL GENERAL LIABfLffY 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 contract was executed prior to the data of loss. City of Corpus Christi, Engineering Services, Contract Administrator Location and Description of Completed Operations: p 0. Box 9277, Corpus Christi, TX 78 [TBD] Per Contract Additional Premium: Included 469 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section Il — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this en- dorsement performed for that insured and included in the "products- completed operations hazard." CP,0-107fAcd R. M. Lee Swantner & Gordon Ins Agcy LLC CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: ISA H08634257 ENDT, #8 V ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Berry GP, I>za, dba Bay, Ltd. Policy Symbol ISA Policy Number 808634257 Endorsement Number 8 Policy Period 05/20/2011 to 05/20/2012 Issued By (Name of Insurance Company) ACE American Insurance Company Effective Date of Endorsement 05/20/11 !menthe policy number. The remainder of the information is b be completed only when this endorsement Is issued subsequent to the preparation or the policy. 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 pe son or organization whoa, you have agreed to include as an additional insured under a written contract, provided such contract was executed 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 'insureds 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. City of Corpus Christi Engineering Services, Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469 DA -9U74 (12/94) Ptd. in U.S.A. 30 Authorized Agent R. M. Lee Swa rd- ner & Grardon Ips . LLC POLICY NUMBER: ISA H08834257 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured BAY GP, inc. ciba Bay, Ltd. ENDT. #12 Policy Symbol Policy Number Policy Period ISA 11108634257 105/20/2011 to 05/20/2012 Issued By (Name of Insurance Company) ACE ,American Insurance Company Endorsement Number 12 Insert the .. If number. The remainder of the information is b he= • feted on when this endorsement fs issued subse uent to the • e .: ration of the • • It 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 wilt 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 llabiiity 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 oincorrect information that you or your representative may use. D. w a 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 feast 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. All other terms and conditions of the Policy remain unchanged / City of Corpus Christi V Engineering Services - Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469 prized RepresentsIVe AL! "32686 (01/11) 1 S R. M. Lee Swantner & Gordon Ins. Agcy. LLC Page 1 of 1 POLICY NUMBER: HDO G25526545 ENDT. #26 NOTICE TO OTHERS ENDORSEMENT- SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. dba Bay, Ltd. Endorsement Number 26 Policy Symbol SDO Policy Number 025525545 Policy Period 05/20/2011 to 05/20/2012 Effective Date of Endorsement 05 /20/11 Issued By (Name of Insurance Company) ACE American insurance Company Insert the policy number. The remainder or the information is to be completed ony when this endorsement is Issued subsequent to the preparation of the polio . 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 whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. 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. B. C- We are not responsible for verifying any information in any Schedule, nor are we responsible for any information that you or your representative may use. °incorrect 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 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. All other terms and conditions of the Policy remain unchanged J City of Corpus Christi Engineering Services- Contract Administrator P.O. Box 9277 Y (:::00,;;Pjr0e0' Corpus Christi, TX 78469 Authorized Representative R. M. Lee Swantner & Gordon Ins Agcy LLC ALL -32686 (01/11) Page l of -1 Workers' Compensation and Employers' Liability Polic 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 (Name of Insurance Company) - ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE EY 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 wilt 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 441, ,&9-() Authorized Representative WC 99 03 69 (01111) Page 1 of 1