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C2013-118 - 3/19/2013 - Approved
,.�� .(Revised 7/5/00) PAVING ASSESSMENTS PROJECT (SOND 2408) (vaky Street-9wantner Drive to Reid DrIve, Project No. 6503, Ivy Lane- Gollihar Road to Horne Road, Project No. 6504, Clare Dr- lye- S.P.I.D. to McArdle Road, Project No. 6505) Table of Contests NOTICE TO BIDDSAS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS B (Revised August 2€}08) Worker's Compensation Coverage For Building or Construction Projects For Gove rnm ent 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 Acknowledgumant of Addenda A -10 gage 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 'racking A -15 Excavation and Removals A -16 Disposal /Salvage of Materials A 17 Field Gf-flee 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 -24 Surety Bonds T 19SED A -26 Supplemental Insurance Requirements 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 Fork A -34 Precedence of Contract Documents A 3.5 G-4 t . Water F... l a ti e n... a rn....«.:.....«.e...t= -s 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 NOT USED A -40 Amendment to Section B -8 -6: Partial Estimates A -41 Ozone Advisory A. -42 OSHA Rules & Regulations TOC - 1/4 A -43 amended Indemnification & Hold Hatless (9/98) A -44 Change carders (4/26/99) A -45 AS -wilt Dimensions and Drawings (7/5/(30) A -46 Disposal of Highly Chlorinated Water (7/5/00) A -47 Pre- Construction Exploratory Excavations (7/5/00) A -48 O'v'erhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty (8/24/00) A-50. Amended 'RProsecution and Progress A -51 Allowance A -52 Mobilization Hid Item A -53 Pumping Bypass Plan. and Operations A -5.4 Geotechnical Report A -55 Storm Water Pollution Prevention Plan A -56 Video Documentation A-57 Electronic Proposal Form Submittal Transmittal Form Attachment I - Bond 2008 Project Sign Attachment II _ Sample Computer Print -Out PART B - GENERAL PROVISIONS PART C - FED WAGE RATES AND REouiRma=S PART S - STANDARD SPECIFICATIONS DIVISION 2 - SITENORE SECTION 021020 Site Clearing and Stripping SECTION 021040 Site Grading SECTION 021080 Removing old StructUres SECTION 022022 Trench Safety for Excavations SECTION 022100 Select Material SECTION 022420 Silt Fence SECTION 025205 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacemeat SECTION 025404 Asphalts, Oils and Emulsions SECTION 025412 Prime Coat (Asphaltic Material only) SECTION 025414 Aggregate For Surface Treatments & Seal. Coats SECTION 025416 Seal Coat SECTION 025424 Hot Mix Asphaltic Concrete Pavement (Class A) SECTION 025608 Inlets SECTION 025610 Concrete Curb and Gutter SECTION 025612 Concrete Sidewalks and Driveways SECTION 025614 Concrete Curb Ramps SECTION 025802 Temporary Traffic Controls Daring Construction SECTION 025816 Raised Pavement Markers and 'Traffic Buttons SECTION 025818 Reference-Pavement Markers' (Reflectorized) (TxDOT D -9 -4200) SECTION 025828 Reference- Bituminous Adhesive for Pavement Markers (TxDOT D -9 -6130) SECTION 026201 Waterline Riser Assemblies SECTION 026202 Hydrostatic Testing of Pressure System SECTION 026206 Ductile iron Pipe & Fittings SECTION 026210 Polyvinyl. Chloride Pipe (AWWA 0500 and 0905 Pressure Pipe for Municipal. Water Mains and Sanitary Sewer Force Maims) SECTION 026402 Waterlines SECTION 026404 (mater Service Lines SECTION 026409 Tapping Sleeves and Tapping Valves SECTION 026411 Gate Valves For mater Lines SECTION` 026416 Fare Hydrants SECTION 027202 Manholes TOC - 2/4 SECTION 027203 SECTION 027205 SECTION 027402 SECTION 027602 SECTION 027606 SECTION 028040 SECTION 028200 ]DIVISION 3 - CONCRETE Vacuum Testing of Sanitary Sewer Manholes and Structures Fiberglass Manholes Reinforced Concrete Pipe Culverts Gravity Sanitary Sewers Sanitary Service Lines Sodding Mail sox Relocation SECTION 030020 Portland Cement Concrete SECTION 032020 Reinforcing Steel. SECTION 037040 Epoxy Compounds SECTION 038000 Concrete Structures DIVISION 5 - 3MRVALS SECTION 055420 Frames, Grates, pings & Covers PART T - TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL SECTION 013010 Contractor's Submittals DIVISION 2 - SITEWORx SECTION 021340 Bank Sand Bedding and Backfill SECTION 022020 Excavation and Hackf'il.l for Utilities and SECTION 038020 Cement Stabilized Sand APPENDIX A STJPPLM49NT NO. 1 RSubsurface Investigation - Laboratory `T'esting's Program and Geotechnical Recommendations fOr the Proposed Street Paving Assessment Project, Clare Drive, Ivy Lane and Vaky Street, City of Corpus Christi Project Numbers - 6583, 6504 and 6505, Corpus Christi, Texas, November 29, 2011." GEOTECHNICAL REPORT "Subsurface investigation -- Laboratory Testing's Program and Geotechnical. Recommendations for the Proposed Street Paring Assessment Project, Clare Drive, Ivy Lane and Vaky Street, City of Corpus Christi Project Numbers -- 6503, 6504 and 6505, Corpus Christi, Texas, October 24, 2011." TOC .- 3 f 4 Sewers SECTION 022021 Control of Ground "Cater SECTION 022040 Street Excavation SECTION 022080 Embankment SECTION 025223 Crushed. Limestone Flexible Base SECTION 427411 'Television inspection of Conduits SECTION 028000 Cured -in -Place (CIPP) for Gravity Applications SECTION 029001 Sanitary Seger Pipe Obstruction removal. By Remote Device SECTION 038020 Cement Stabilized Sand APPENDIX A STJPPLM49NT NO. 1 RSubsurface Investigation - Laboratory `T'esting's Program and Geotechnical Recommendations fOr the Proposed Street Paving Assessment Project, Clare Drive, Ivy Lane and Vaky Street, City of Corpus Christi Project Numbers - 6583, 6504 and 6505, Corpus Christi, Texas, November 29, 2011." GEOTECHNICAL REPORT "Subsurface investigation -- Laboratory Testing's Program and Geotechnical. Recommendations for the Proposed Street Paring Assessment Project, Clare Drive, Ivy Lane and Vaky Street, City of Corpus Christi Project Numbers -- 6503, 6504 and 6505, Corpus Christi, Texas, October 24, 2011." TOC .- 3 f 4 LIST OF DRAWINGS Sheet Descr$pt 1. Title Sheet 2. Drawing Legends, Testing and Driveway Schedules 3. General Notes 4. Estimated Quantities S. Vaky Street Project Layout Control and Typical Section 6._7. Vaky Street Existing Conditions, Demolition and Removal (2 Sheets) 8. -9. Vaky Street Paving Plan, and Profile (2 Sheets) 10. -11. Vaky Street Traffic Control Plan (2 Sheets) 12, Vaky.Street Storm Water Pollution Prevention Plan 13. Ivy Lane Project Layout, Control and Typical Section 14, Ivy Lane water Base Map 15. Zvy Lane Sanitary Sewer Base Map 16. Ivy Lane City Gas Base Map 17. Ivy Lane Storm Water Base: Map 1.8. -20. Ivy Lane Existing Conditions, Demolition and Removal (3 Sheets) 2I. -23. Ivy Lane Street Paving and Drainage Plan and Profile (3 Sheets) 24. Ivy Vane Street Cross Sections and Earthwork Quantities (2 Sheets) 26. -28. Ivy Lane Utilities Plan and Profile (3 Sheets) 29. Ivy Lane Drainage Area Map and Calculations 30. Ivy Lane Storm Water Lateral Profiles and Miscellaneous Details 31. -32. Ivy Lane Traffic Control Plan. (2 Sheets) 33. -34. Ivy Lane Storm Water Pollution Prevention Plan (2 Sheets) 35. Clare Drive Project Layout, Control and Typical. Section 36. Clare Drive Water Base Map 37. Clare Drive Sanitary Sewer Base Map 38. Clare Drive City Gas Base Map 39. Clare Drive Storm Water Base Map 40. -42. Clare Drive Existing Conditions, Demolition and Removal (3 Sheets) 43.-45. Claire Drive Street Paving and Drainage Plan, and Profile (3 Sheets) 46. -47. Clare Drive Street Cross sections and Earthwork Quantities (2 Sheets) 48. -50. Clare Drive Utilities Plan and Profile (3 Sheets) 51. Clare Drive Drainage Area Map and Calculations 52. Clare Drive Storm Water Lateral Profiles and miscellaneous Details 53. -54. Clare Drive 'Traffic Control, Plat, (2 Sheets) 55. -56. Clare Drive Storm Water Pollution, Prevention. Plan (2 Sheets) 57. -58. City Standard Driveway Details (2 Sheets) 59. Sidewalk, Curb and Gutter and Miscellaneous Details 60. -63. TxDOT Standard Curb Ramp Details (4 Sheets) 64. -65. City Standard Storm Water Details (2 Sheets) 66. -70. City Standard Water Details (5 Sheets) 71. -75. City Standard. Sanitary Sewer Details (5 Sheets) 76. -88. Traffic Control Details (5 Sheets) 81. -82. Storm water Pollution Prevention Plan Details (2 Sheets) NOTICE AGREE MMM PROPOSAL/DISCLOSURE STATEMENT PERFORW MCE BOND PAYMENT BOND TOC - 4/4 NOTICE TO BIDDERS NOTICE TO SIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: PAVING ASSESSHMS PROJECT (SON13 2008) (Flaky Street- Swantner Drive to Reid Drive, Project No_ 6503, Ivy Dare- Gollihar Road to Herne Road, Project No. 6504, Clare ]wive- S.P.I.D. to NcArdle Roach, Project No. 6505) The BASE BID consists of the rehabilitation, of three existing streets totaling approximately 3,270 I.f. of flexible (asphalt) pavement for new two -lane residential. (28' B -B) streets with 4' concrete sidewalks; along with 2,265 l.f. of storm water conduit improvements, replacing 51 water services and 56 sanitary sewer services, 4 fire hydrants, Additive Alternates for 4 new sanitary sewer manhole; rehabilitation of 4 existing sanitary sewer manholes and 1,385 1.f. of cured -in -place pipe sanitary sewer rehabilitation and 1,225 l.f. of 8" sanitary sewer new construction together with all appurtenances. Bids will be received at the office of the City Secretary until. 2:00 o.m. on Wednesday, December S. 2012 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 • November 28 2012 and will be conducted by the City. The Location of the meeting will be the Department of Engineering Services Alain Conference. Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid brand in the amount of 5% "of the highest amount bid roust 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 5k 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 he procured from . the City Engineer upon a deposit of sev°eaxty..Five. and no /100 Dollars ( $75.00 ) as a guarantee of their return in good condition within two seeks 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 ascerta 'ined the wage rates which prevail in the locality in which this work is to he 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 Kids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the city and in the best interest of the public. CITY OF CORPUS CHRISTI, TMMS /a/ Daniel Biles, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - NOTICE TO CONTRACTORS -- A INSURANCE REQUIREMENTS Revised March, 2409 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINX14UM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on Bodily Injury and Property ]Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 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 AUTOMOBILE LIABILITY----OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED .WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL, IMPAIRMENT COVERAGE Not limited to sudden & accidental ❑ REQUIRED) discharge; to include long--term nx environmental impact for the disposal of NOT REQUIRED contaminants BUILDERS' RISX See Section B -6 -11 and supplemental Insurance Requirements REQUIRED 0 NOT REQUIRED. INSTALLATION FLOATER See Section B- 6--11 and Supplemental Insurance Requirements REQUIRED NOT REQUIRED Page 1 of 2 + The City Of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. + The name of the project must be lasted 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 Texas Administrative Code TITLE 2828 INSURANCE PART 2 TEAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION !QH PTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTERS EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terns not defined in this rule shall have the meaning defined in the Texas Labor Cade, if so defined. (1) Certificate of coverage (certificate) - -A copy of a certificate of insurance, a certificate of a4thority 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, §446.036(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). (S) Coverage agreement - -A written agreement on form TWCC -81, farm TWCC -82, form TWCC -83, or farm `iWCC-84, fled with the Texas Workers' Comppensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Cade, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act) --With the exception of persons excluded under subsections (h) and (i) of this section, includes all perms or entities performing all or part of the services the contractor has undertaken to perform, on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation., or other service related to a project. "Services" does not include activities.unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project—Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self - insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall:. (l) 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 l I (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 projects (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; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (b) 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 rewired to be covered, and stating hour 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 nonnal 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 fling 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 projects (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4of11 (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 rewired 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 ofthe 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 can the project, prier 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 writir g by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage: agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; :(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the prevision 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 6ofl1 (h) The coverage requirement in this rule doses 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, §40). (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 Dote: 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 7of11 T28S 110.110(d)(7) "REQUIRED WORKERY COMPE 111SAT'IONCOVERAGE" "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, " "C: all the Texas Workers' Compensation Commission at 512 -440 -3789 to receive information are the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's, failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage A. Definitions: Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC' 81, TWCC 82, TWCC --83, or TWCC-84), showing statutory workers' compensation insurance coverage, for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity, Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitations, 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 foodlbeverage 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 cif the contractor providing services on the project, for the duration of the project. C. The Contractor moist 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 roust, 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 an the project; and (2) no later than seven days after receipt by the contractor, a new certificate o, f `coverage showing extension of coverage, of 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 far one year thereafter: G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ,l0 days after the contractor knew or should have known, o, f'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 Zack of coverage. L .The contractor shrill 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 o, f'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 o, f coverage; of 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 andfor 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 lie provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of file project, that the coverage will be based on proper reporting of c1 codes acrd payroll amounts, and that all coverage agreements will be, filed with the appropriate insurance carrier or, in the case ofa se 'insured, with the commission's Division ofSelf- Page 10 of 11 Insurance Regulation. providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, cavil 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 fthe contractor does not remedy the breach ten days after receipt of notice of breach from the governmental entity. Page I I of 1 X �-Vrkitv SPECIAT PROVISIONS PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street- Swantner drive to Reid Drive, Project No. 6503, Ivy Lane »Oallihaar Road to Horse Road, Project No. 6504, Clare Drive- S.P.I.D. to McAxdle Road, Project No. 5505) SECTION A - SPECIAL PROVISION'S 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 .m., Wednesda , December 5, 2012. 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 - PAVING ASSESSMENTS PROJECT (BOND 2008)Va Street- Swantsaer Drive to Reid, Drive, Project No. 6503, Ivy Lane - Gollihar Road to Horne Road, Project No. 6504, Clare Drive- S.P.I.D. to McArdle Road, Project No. 6505) An proposals not h sicall in possession of the City Secretary's OfIlce at the time and date of bid spenim will he deemed late and nonresponsive. Late pr22osals will be returned ppapened to the proposer. The proposer is solely res onsible for deliveEZ to the Cit Z Secret 's Office. Llel3ve of any 2rggosal, !?Z the proposer, their ag ntjKlqrq entative, U.S. mail, or other delivery service, to ary CitZ address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the CitX Secretary's Office p rios to the date and time of bid opening. A pre -bid meeting will be held. on Wedneada g9%pmber 28 2012 beginnin 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 additional or separate visitations will be conducted by the Ci A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Danariptlon of Project PAST'IN'G ASSESSMENTS PROJECT . (BOND 2008) (Vaky Street- Swantner D= :Lve to Reid Drive, Project No. 6503, Ivy Lane- Gollihar Road to Horne Road, Project No.6584, Clare Drive- S.P.I.D.to XcArdle Road, Project No. 5505) ; The BASE BID - Consists of the rehabilitation of three existing streets totaling approximately 3,274 1.f. of flexible (asphalt) pavement for new two -lane residential (28' B -B) streets with 4' concrete sidewalks; along with 2,255 1. f . of storm water conduit improvements, replacing 56 grater services and 57 sanitary serer services, 4 fire hydrants, Additive Alternates for 4 new sanitary sewer manhole; rehabilitation of 4 existing sanitary sewer manholes, 1,385 l.f. of cured -in -place pipe sanitary sewer rehabilitation and 1,225 1.f. of 8" sanitary.sewer new construction together with all appurtenances. Section A - SP (Raviaed 12/15/04) Page 1 of 27 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 any or all combinations of Additive Alternates __planation of Seal Items Base Sid 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. l consists of proposed work for new gravity sanitary sewer line and manhole construction for Ivy Lane. Addlt::Lve 2aternate Bid No. 2 consists of proposed work for cured -in -place pipe sanitary sewer line and manhole rehabilitation for Clare Drive. Additive Alternate Bid No. 3 consists of proposed work for two 3 speed humps for Ivy sane. Additive Alternate Aid No. 4 consists of proposed work for two 3" speed humps for Clare Drive. 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 Pro trial The following items are requ to be submitted with the proposal: 1.' 5% Sid Bond (Dust reference Project Name: PAVING ASSESSMENTS PRO CT (BOND 2008) (Vaky Street- Swantnes Drive to Reid Drive, Project No. 6503, Ivy Lane- Gollihar Road to Borne Road, project No. 6504, Clare Drive- S.P.I.D. to McArdle Rudd, Project No. 6505) as identified in the Proposal) (A Cashier's Check, certified check, money order or Yank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion /Liquidated Damatres 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 150 calendar Via No additional time will be allotted for Additive Alternate No. 1 1 Additives Alternate No. 2, Additive Alternate No. 3 or Additive Alternate No. 4. In the event that the scope of work is re'v'ised 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 12/15/14) Page 2 of 27 Days Allocation for Rains 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 Feather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days September 7 Trays February 3 Days June 4 Days October 4 Days March 2 bays 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 Co'v'erage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason., and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers:' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination, or cancellation of the Contractor's workers compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and- paid even if the permitted time to complete the Project has not expired. In accordance with other reeairements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. Section A —S? (Revised 12/15/04) Page 3 of 27 A-8 Faxed Proposals Proposals faxed directly to the City will be considered non - responsive. Proposals must contain original signatures acid 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 Xage . _ 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 Prevaiji wa a 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 ($60.0€1) 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 gages paid to each worker. The Contractor will snake 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 e=ess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B -1 -1, Definition of Terms, and Section B -7 -6, Working Hours.) A -11 ppoperation 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 Texas 811 at 811 and the Lone Star Notification Company at 1- 800 -669 -8344. For the Contractors convenience, the following telephone numbers are listed. Section A - SP (Revised 12/15/04) Pages 4 C£ 27 City Engineer 826 -3500 Project Engineer 991 -8550 Jeff Coym, E.E. Coym, Rehmet & Gutierrez Engineering, L.P. 5656 S. Staples, Ste 230 Corpus Christi., Texas 78411 Phone: (361) 991 -8550 Pax: (361) 993 -7559 Email: jcoymocrgei.com Traffic Engineering 826-3540 Police Department 886 -2600 _. Water Department 826- 1881 Wastewater Department 526 -1800 Gas Department 865 -6900 Storm Water Department 826 -1875 . Parks & Recreation Department 826 -3461 Streets & Solid Waste Services 826 -1940 A E P AT&T 881 -2511 City Street Div. for Traffic Signal /Fiber Optic Locate 826 -1946 Time Warner Cablevision 857 -5000 A.CSI (Fiber Optic) 887 -9200 KM3C (Fiber Optic) 813 -1124 ChoiceCom (Fiber Optic) 881 -5767 CAPF,4CF. (Fiber Optic) 512 /939 -0958 Brooks Fiber Optic (MAN) 972- 753 -4355 Regional 'transportation Authority 289 -2712 Corpus Christi 1SD 886 -9005 U.S. Postal Service 885 -2216 TxDQT Area Office 808 -2384 A -12 Maintenance of Services (826 -1888 after hours) (.526 -1818 after hours) (885 - .6913 after hours) (826 -3140 after hours) (1- 817- 373 - -4858) (1- 800 -824- 4424,after hours) 826 -3 826 -5060 after hours) (Pager 800 -724 -3624) (Pager 888 - 204 -1679) (Pager 850 -2981) (Mobile) 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 uar tnteed. It is the Contractor's sole and complete responsibility to locate such underground features suff3.ciently in advance of his operations. to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work,, it is his responsibility to maintain the services in continuous operation at his own expense. in the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with, (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by section A - SP (Aeviged 12/15/04) Wage 5 of 27 temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be.pumped, bailed or flamed 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. A -14 Construction EMIpment S ills a and Tracks x► 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 mashing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A -15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean." dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed /sod and fertilizer. The girt 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. sectiw% A - SP (Revised 22/15/04) Page 6 cif 27 A -16 Disgasal /Salvage of materials Excess excavated material, broken asphalt, concrete, broken culverts axed 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 -18 Schedule and Secrsence of Construction The worming time for completion of the entire project will be 158 calendar days No additional time will be allotted for Additive Alternate No. 1, Additive Alternate No. 2, Additive Alternate No. 3 or Additive Alternate No. 4. 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 Shona 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. S. Xontljy gpdate 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 seaso in such order or precedence, and in such mater as skull be the most conducive to economy of construction, subject to the following conditions: Section A - SP (Revised 12/15/€}4) Page 7 o €, 27 A. The schedule of construction shall be structured to meet all requirements of Section A -& "Time of Completion /Liquidated Damagee" 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 dome, 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 constructions 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 Conetxuction Project Ea out and Control The drawings may depict but not necessary include: lines, slopes, grades, section,,, 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 beach 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. The Contractor shall provide the following certification for documentation and verifications 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. . Secti*n A - SP (Revised 12/15104) Page 9 of 27 The R.P.L.S. shall be approved by the City prier 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 2 00' interval and at all intersections. To. - 4- rx —+-- -r • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (.r...w,n.x. and P . « i Water: • All top of valves box; • valves vaults rim; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). _ Storttwater: • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flour line) (TXDOT and RR permits). A-20 Testing and Certiflea,ti.on 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 Lthe City Engineer. A -21 Proiect Sicras The Contractor must install 3 Project signs, one at each street, as -- furnished by the City and as indicated on the fallowing 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. A. -22 Minority/Minority Bu.suess Enterprise Partioi atio= Poll (Revised 10/98) 1. E lam 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 Rqual 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. section A - 8P (Revised 12/15/") Page 9 of 27 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 persona, farm, 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 personas include: Tacks, Mexican-Americans and other persons of Hlapanic origin, American Indiana 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. 2. Owned (a) For a sale proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0 of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing at least 51. 0%- of the corporate shares must minority person(s). business as a corporation, assets or interest in the be owned by one or more Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority persons). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0 or more of the total profits, bonuses, dividends, interest payments, con*issions, 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 Ente rise. A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women., or a corporation at least 51.0 of whose assets or gection A - 9P (Revised 12/15/04) page 10 of 27 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 MEE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0$ of the contract work itself and in which a minority joint venture partner has a 50.0 interest, shall be deemed equivalent to having Minority participation in 25.0!' of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Coals (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 Participatim minority Business (Percent) Enterprise Participation (Percent) 45 % is % (b) These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Camliance a.. Upon completion of the Project, a final, breakdown of MBE participation, substantiated by copies of paid invoices, shall he submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent. of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The city Engineer may withhold monthly or final, payments to the Contractor for failure to submit bi- weekly payrolls in a timely . fashion or to submit overall participation information as required. . 8000 .on A - $P (Revised 12115104) Page 11 of 27 A -23 Inspe ction , Required (Revised 7/ (NOT USED) by the Gity's laspeetion Bep-a-r and all other- 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 arty 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 tern percent (ID !k) 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 than is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insures or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Ta= Ezemptiort (NOT USED) (Nb LONGER APPLICABLE) SeCltiC74 A - sp Devised 12/15104) Page 12 of 27 A-26 §Mlemental Insurance Resmirements 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 to: 1. Name: City of Corpus Christi. Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box .927'7 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 (36) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project. described in the Contract. For each insurance coverage provided in accordance with Section. B -6 -11 of - the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Wa37ker'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. seCtIon A - SP (Revised 12115/04) Page 13 of 27 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 Ices onsibilit for D2MSge Claims (MoT usEU) A -2 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 fishy the Claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other- authorized party, specifying all current assets-and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manppwer and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract, close -out procedures. secti= A - SP (Revised 12/15/04} Page 14 of 27 The superintendent shall be present, on the job site, at all tunes that work is being pert ormed. 2. Foremen, if utilized, shall have at least five (a) 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 can the Project. Such written approval of field administration staff in a prerequisite to the City Nagineer'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 OConsideration of Contract" Requ irements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following tent: Within fire (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) roust submit to the City Engineer the following information: I. A list of the major components of the work; 2. A list of.the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4, A schedule of anticipated monthly payments for the Project duration. S. 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 MSS 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 M33E 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 riot completed his evaluation of which subcontractor will perform the work. Section A - SP (Revised 12/15104) Page 15 of'27 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 aaad 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 basks 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 (oar other state) Corporation or Partnership, and name (a) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Chan a Orders Under "General Provisions and Requirements for Municipal Construction Coratractsm 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 Contractft 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 authorised 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. section A - SP (Revised 12115/04) Page 16 of 27 A -33 CandItims 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 &ecial 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 givers 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 Facilities3 Sp ecial Requ irements (NM USED) Wn 01 6 WMAM - - -- -- - - _ -- - A -36 other Submittals 1. 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 Fortes. 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(e), 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 d1mensions, 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 Ragineer 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 Seat: on A SP Page 19 of 27 AuBm - - - - A -36 other Submittals 1. 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 Fortes. 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(e), 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 d1mensions, 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 Ragineer 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 Seat: on A SP Page 19 of 27 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 farms. i. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes Made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2 S4i .es : The Contractor must submit samples of, finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. _ -- Test and Repair _- p, ",r Report: When specified in the Technical ,.... Specifications Section, Contractor roust submit three (3) copies of all shop 'test data, and repair report, and all an -site test data within the specified time to the City Engineer for approval. Otherwise, the related e i ment will not be approved for use on the project. A -37 Amended "Arran emen,t and charge for Water Furnished b y the city" Under "General Provisions and Requirements for Municipal. Construction Contracts ", B -6 -15- Arran ement and Char e for Water Furnished b the Cit , add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the nPlan"). This includes implementing water conservation measurer, 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 Coppensation Coverage for Building or construction Pro acts or Gover=ent Entities The requirements of "Notice to Contractors "B'" are incorporated by reference in this Special Provision. A -35 Certificate of Occ an and Final Acc Lance (NOT USED) 3--s9 . A -40 Amendment to Section 8 -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 Section A - SP (ROVi8ed 12/15/04) Page 20 of 27 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 far which an ozone advisory has been issued, except for 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. A - 42 OSHA Rules & Regulations it is the responsibility of the contractor(a) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & gold 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 emission 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 9......,.. Orders A- _.,. Chan, e a .. , �. 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 coasts 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 D imensions 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- Section A - 5P Mevised 12 /11/04) :Page 21 of 27 (1) Horizontal and vertical dimensions due to substitintions /field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Dis oral Of Riq Chlorinated Water {7/5/06} The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manager. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissi.ble.limits for discharge into wetlands or environmeaatally sensitive areas. These are regulated by numerous agencies such as 'iCEQ, 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 loratoavat3one (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 26 --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 C.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 pay) for exploratory excavations. A -48 Overhead Electrical Fires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to Proximity of construction equipment beneath overhead- electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions,. etc., to ensure that adequate safety is provided for all of Section A - SP (Revised 12/15104) Page 22 of 27 I his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEA and inform ASP 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 "Ma ntesnanoe Guarans xu (8/24/00) Cinder "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 Pro Tess" Linder "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 carder to the contract ". A -51 Allowance The item included in the Base Baal 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. Where 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. 75W of the item shall be paid upon mobilization and 25% will be paid ,upon completion of the project. A -53 Funp ;;9 . Bypass Plan And Operations a. General: Contractor shall provide a minimum of 72 hour notice to the Wastewater slept. for the startup of bypass operations once the section A sp (Revised 12/15/'04) Page 23 of, 27 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 domnatreasm of the bypass. Upstream effects include, but are not limited to ba andoverflowrs. 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 skull be piped to a manhole for discharge. Contractor shall make all effort to minimize spills of. raw wastewater during the improvemerts 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 flour 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. 4) vase 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, Section A - sr (Revised 12/15/04) Page 24 of 27 6) The City is permitted through the Texas Connissi.osx on Phvi.ronmental Quality to operate the wastewater system. The fine) authority ccsnea 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) sire, 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 limb of those manning the bypass system 24 hog's a clay. 6) Traffic Control Plan if the bypass is with the right-of-way. 7) Decant location. 8) Eandling of flows. contractor is responsible to aMffX=e 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 investigation Laboratory Testing's Program and Geotechnical Recommendations for the Proposed Street Paving Assessment Project, Clare Drive, Ivy sane and Vaky Street, City of Corpus Christi Project Numbers -- 5503. 6504 and 6505, Corpus Christi, _- Texas October 24, 201lis included as an Appendix to these Specifications. A -55 Storm Water Pollution Prevention. Plan This Project is required to have a Notice of Intent (K01) submitted as per Fart II.D of the TPDRS General Permit No. TXR150000. The Contractor will be required to submit a H01 along with the appropriate fee, and complete a Construction Site Notice for this Project. The Contractor i.s required to provide copies of the X01 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 HOI 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. Sectioa A - SP (Revised 12/15(04) Page 25 of 27 A -56 Video Documentation As part of the Project requirements, the Contractor shall perform televised inspections of all storm water gravity lines and manholes installed on this Project. All inspections shall be made in accordance with Staaq"r-d Technical. Specification. Section 427411 $2 7611 '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 print -out, irx lieu of the Proposal Form (Pages 3 through 15, inclusive) : The print - out shall list all bid items ( including any additive or deductive alternatives) contained on the Proposal, Form (Pages 3 through 15, inclusive) . The print --out shall be substantially in the form shown on .Attachment 11. 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 c!�xtifies 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 'Dotal Bid amount will be determined by multiplying the unit bid price (Column IV) shows on the Proposal Form (Column 11) and then totaling the extended amounts. (Signature) (Title) (Date Section A - SP (Revised 1 2/15/0Q Page 26 of 27 S178MITTAL TRANSMITTAL FORM PROJECT: PAVING - ASSESSMENT PROJECT (BOND 2008) (Va Street - Ratner 'Drive to Reid Drive, Pro ect No. 5503, Ivy Lane- Gollihar Road to Hoarse Road, _ Pro No. 6504, Clare Drive- S.P.I.D. to McArdle Road, Pro No. 6505) CMNER: CITY OF CORPUS CHRISTI ENGINEER: COYM, REHME'T & GUTIERREZ ENGINEERING, L.P. CONTRACTOR SUBMITTAL DATE: SMMITTAL NUMBER: APPLICA33LE SPECIFICATION O R DRANING SUBMITTAL 5025404 Asphalts, Oils and Emulsions 5025412 Prima Coat (Asphaltic Material On y) 5025416 seal Coat 5025424 Hot Mix Amp haltic Concrete Pavement (Class 5025608 Nets 5025816 Raised Pavement Markers & Traffic Buttons 5026206 Ductile Iron Pip Fittin s 5026210 Polyviny Chloride Pie (AWWA 0900 & C905) 5026404 Water Service Limes 5026409 Tapping Sleeves and Tappiag Valves 5026411 Gate Valves for Water Lines 5026416 Fire Hydrants 5027202 Manholes 527.205 Fiber lass Manholes S027402 Reinforced Concrete Pape Culverts 5027602 Gravit 5anitar Sewers 5030020 Portland Cements Concrete 5055420 Fa:at[teS GraCeB Rin s c�i]d Cbvers 9025223 Crushed Limestone Flexible Base 5028000. _ -- Cured- In-Place (CIPP For Gravit A lications 5038020 Cement Stabilized Sand 5025614 Curb Ramp Details 5038020 Cement Stabilized Sand 5025614 Curb RgM Details S025802 Temporary Traffic Controls During Construction S ecial Provision A -55 Storm Water Pollution Prevention Plan, Section A -'SP (Revised 12/15/04) Page 27 of 27 i s • .-I a I , X r I . % THIS AGREEMENT is entered into this 19TH day of March, 2013, 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 $2,381,270.55 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows:. PAVING ASSESSMENTS PROJECT (BOND 2008) (VAKY STREET-SWANTNER DRIVE TO REID DRIVE; IVY LANE-GOLLIHAR ROAD TO HORNE ROAD; CLARE DRIVE-S.P.I.D. TO WARDLE ROAD PROJECT NOS. 6503; 6504; 6605 (TOTAL BASE BID + ADD.ALTS. #1 & #2: $2,381,270.55) 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 I of 3 Rev- Jun-2010 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 150 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun-2010 ATTEST: City Secretary APPROVED AS TO/LEGAL FORM: By: ae' Asst. City Attorney ATTEST: (If Corporation)' (Seal Below) (Note: if person signing for corporation is not President, attach copy of authorization _ to sign) (Phone) (Fax) By: 0A--I - V Oscar Martinez Assistant City Manager Public Works, Utilities, and Transportation Daniel B' s, P.E. Director of Engineering Services Page 3 of 3 Rear. JUST -2010 P R O P O S A L F O R M F O R PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street- Swantner Drive to Reid Drive, Project No. 6503 Ivy bane- Gollihar Road to Horne Road, Project No. 6504, Clare Drive -S . P . I . D . to McAxdle Road, Project No. 6505) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Ravisad Addendum No.4 Proposal Form Attachment No. f. Page 1 of 16 Page 1 of 16 PAVING ASSESSMENTS PROJECT (BOND 200 3) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503 Ivy Lane-Gollihar Road to Horne Road Project No. 6504, Clare Drive-S.'P.I.D. to MaArdle Road, Project No. 6505) P R 0 P 0 S A L A Place: Date Proposal of 20- �e ez a Corporation organized and existing under the laws of the State of OR a Partner --------- ship or Individual doing business as — — I ..Z 4z TO: The City of cot Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required f ar: PAVING ASSESSMENTS PRO ,CT (BOND 2008) (Vaky Street-Swantner Drive to Reid Drive, Project No 6503, 1yy Lane ihar Road to Horne Road, p N 24- r, ,50 4 Clare Drive-S - p.I.D - to M c -7k rd 2 e 'Load, Project No. 6505) at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit Ra % -j sed =Addendum- 4 Proposal Form Attachment No. I Page 2 of 16 rag. 2 , Page 2 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (VakY Street-Swnatner Drive to Reid Drives, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to MCArdle Road, Project No. 6505) IV V TTEM QTY DESCRIPTION UNIT & UNIT PRICE TOTAL PART "A- VAKY STREET (SWANTNER TO REID) STREETS, SIDEWALKS AND DRIVES AI 1 Mobilization, Complete In Place Per $ L.S. Lump S um. A2 I L.S. Traffic Control Plan, Complete In Place Per Lump Sum. ----------- $ Storm Water Pollution Prevention A L.S. Plan, Complete In Place Per Lump Sum. $ ----------- $ A4 1 ]Demolition and ReMDVal, Complete In $ L.S. Place Per Lump Sum. ------------ $ A5 2 S.Y. Mill Existing HMAC (1" - 2" Depth) , Complete in Place Per Square Yard. $ $ A6 1,800 L.F. 6" Concrete Curb and Gutter, Complete In Place Per Linear Foot. '2 51 A7 600 6" Compacted Crushed Limestone Base (Type A, Gr. 1) Complete In Place S.Y Per Square Yard. A8 3,130 6" Concrete Driveway, Complete In S.F. Place Per Square Foot, 7,120 4" Concrete Sidewalk w/4" Bank Sand A9 S.F. Bedding (4' Wide Typ.), Complete in ?lace Per Square Foot. A10 50 S.Y. Full Depth Pavement Repair, Complete In Place ZA I $ Per Square Yard, All 2,200 Seal Coat, Complete i place Per S.Y. Square Yard. $ Revised Addendum No, 4 Proposal Form Attacbment No, I Page 3 of 16 Page 3 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky.Street-Swnatner Drive to Reid Drive, Project No, 6503, Ivy Lane-Doll ihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D to McArdle Road, Project No. 6505) IV V ITEM QTY DESCRIPTION UH N ----- - & UNIT PRICE TOTAL PART -A- VAKY STREET (SWANTNER TO REID) (CONT / D) STREETS, SIDEWALKS AND DRIVES Al2 2 200 S. Y. 2" SMAC Overlay (Type D), Complete In Place Per Square Yard, s L.S. R13 125 S.F. Concrete ADA Curb Ramp, Complete In Place Per Square Foot. A24 985 S.Y. Sodding, Complete in Place Per Square Yard. s CONSTRUCTION ALLOWANCE A15 ------- $ 10,0 Allowance, L . . ' s . Complete In Place Per Lump Sum. 00 JVaky Street Construction Allowa SUBTOTAL PART "A VAEY STREET (STWTNER To REID) (ITEMS Al-A15) 1,4 PART "B" IVY LANE (GOLLIRAR TO HORNE) STREETS, SIDEWALKS AND DRIVES Mobilization, Complete In Place Per Lump Sum, $----- - - - - -- S2 Traffic Control Plan, Complete In $- . ......... $ Place Per Lump Sum. Revised Addendum P=opoval Form um No. 4 "h' nt o. I Page 4 ®f 16 Attachment No. I 0 Page ge 4 of 16 1 1 Stc) Water Pollution Prevention L.S. Fla complete In Place Per Lump Sum. $ ----------- -' u 84 4,210 S.Y. r -x Street Excavation, Complete In 'Yard. Place Per Square $ Revised Addendum P=opoval Form um No. 4 "h' nt o. I Page 4 ®f 16 Attachment No. I 0 Page ge 4 of 16 PAVING ASSESSMENTS PROJECT (BOND 2006) (Vaky street-Swnatner Drive to Raid Drive, Project No. 6503, Ivy Lane"Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) I II III IV V V ITEM QTY DESCRIPTION UNIT & UNIT PRICE TOTAL PART - B - IVY LANE (GOLLIHAR TO HORNE) (CONTtr)) I STREETS, SIDEWALKS AND DRIVES' B5 230 C.Y. Ditch Backfill, Complete In Place Per Cubic Yard. $ .. ..... 96 136 I Clear Right-Of-Way, Complete In $-- - - - - -_ --- $ L.S. Place Per Lump Si. m B7 4,210 S.Y. 12" Compacted Subgrade, Complete In Place Per Square Yard. $ $ B8 4,210 S.Y. Geogrid TX-5, Complete In Place Per Square Yard. $ $ 4,210 7" Compacted Crushed Limestone Base B9 S.Y. (Type A, Gr. 1), Complete In Place $ $ Per Square Yard. B10 510 Prime Coat' (D. 15 GAL/SY) (MC-30), $ GAL. Complete In Place Per Gallon. Z� Ell 3,37O 2" RKkC Pavement (Type D) , Complete $ S.Y. In Place Per Square Yard. $ 1312 2,450 L.F. 6" Curb and Gutter, Complete In Place Per Linear $ $ Foot. 10,110 4" Concrete Sidewalk w/4" Bank Sand B13 S. F- Bedding (4 Wide Typ-) , Complete In Place Per Squaxe Foot. A $ B14 7,910 S.F. 6" Concrete Driveways, Complete I Place Per Square Foot. B15 155 S.Y. Asphalt Driveway Transition, Complete $ I le, 6 In Place Per Square Yard, Y— B16 180 S.F. Concrete ADA Curb Ramp, Complete In Place Per Square Foot. Revised Addendum No. 4 Proposal Form Attachment No. 1 Page 5 of 16 page 5 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnather Drive to Reid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) I II III IV v ITEM QT7 IT DESCRIPTION UNIT & U — PRICE T OT9 OTAL PART 'B" IVY LANE GOLLIHAR TO HO . RNE)(CONTfD) STREETS, SIDEWALKS AM DRIVES B17 1 S.Y. Sodding, Complete In Place Per Square Yard. ✓ $ A. BIS 1 L.S. Relocate Signs and Mailboxes, Complete In Place Per Lump Sum. $ ----------- B19 I Exploratory Excavations, Complete $ $ L.S. In Place Per Lump Sum, STORM SEWER B20 340 18" Dia. RCP (Class III), Complete L.P. In Place Per Linear Foot. $ B21 250 L. F. 24" Dia. RCP (Class III), Complete In Place Per Linear $ Foot. B22 550 L. P. 30" Dia. RCP (Class III), Complete In Place Per Linear Foot. $ ell $ B23 4 EA. Concrete Storm Water Manhole (Type "A") Complete In Place $ Jd , Per Each. 324 EA. Standard Curb Inlet, Complete in $ Place Per Each. $ I Tie Prop. 30 RCP Into Existing 91 B25 EA. x 8' Box Culvert, Complete In Place $ z I'v - w $ Per Each. 2 Tie Prop. 18" RCP into Existing B26 EA. Storm Water Manhole, Complete in $ ex" Place Per Each. 25 Pavement Repair, Complete In Place B27 S.yl Per Square $ 2 Yard. —1 $ Revised Addendum No, 4 Proposal r'orm Attacbment No. I Page 6 of 16 Page 6 of If PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Doll ±har Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) I II III IV $ A', _:z QTY UNIT ITEM QTY UNIT DESCRIPTION TOTAL PRICE PART "B" IVY LANE ( GULL IHAR TO HORNE) (CONTD) STORM SEWER B28 1,140 Trench Safety For Storm Water, Complete $ $ $ L.F. In Place Per Linear Foot, Adjust Existing Sanitary Sewer 15 Trench Safety For' Storm Water Manhole To Finished Grade, Complete $ Z Z 329 EA. Structures, Complete In Place Per In Place Per Each. $ Each. Remove Existing Root Obstruction By 11 SANITARY SEWER 11 WATER B35 2 Adjust Existing Storm Water Manhole $ d $ A', _:z B30 EA. To Finished Grade, Complete In $ 336 EA, Place Per Each. $ $ 3 Adjust Existing Sanitary Sewer B31 EA. Manhole To Finished Grade, Complete $ Z Z In Place Per Each. 2 Remove Existing Root Obstruction By 232 EA. Method Of Rod w/Cutter, Complete In Cl $ Place Per Each. B33 19 EA. 4" PVC Service, Near Side (20' $ $ TYP.), Complete In Place Per Each. B34 14 4" ?VC Service, Far Side (30' $ EA. TYP.) , Complete In Place Per Each. 11 WATER B35 20 EA. Replace Existing Services, Near Side (6' TYP.), Complete in place Per Each.. $ d $ A', _:z 12 Replace Existing Services, Far Side 336 EA, (35' TYP. Complete In Place Per Each. $ $ B37 2 EA. Fire Fydrant Assembly, Complete In Place Per Each. $ $ 1 �0 Revised Addendum No. 4 Pz:oposal Form Attach in ent Na. 1 Page 7 of 16 Page 7 of 16 ---------------------- — — PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project 14o. 6.5()3, Ivy Lane Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) I II III IV QTY UNIT V ITEM & UNIT DESCRIPTIO14 PRICE TOTAL PART "B" IVY LANE (GOLLIHAR TO HORNS) (CONTD) k 2 �Raised Reflective Pavement Markings E;38 (TYII-B-B) Blue, Complete In Place $ EA. Per Each. CONSTRUCTION ALLOWANCE E39 1 Ivy Lane Construction Allowance, L.S S Complete In Place Per Lump Sum. $ - - -- - - - - -- $ 15,000 ----------- SUBTOTAL PART -B- IVY LANE (GOLLIHAR TO BORNE) (ITEMS Rl-B39) PART - C - CLARE DRIVE (S. P. I. D. TO MCARDLE) STREETS, SIDEWALKS AND DRIVES Cl I L. S. C2 C3 1 L. S. Mobilization, Complete In Place per Lump Sum. � $----- - - - - -- Traffic Control Plan, Complete In Place, Complete In Place Per Lump Sum. Storm Water Pollution Prevention Plan, complete In Place Per Lump SU.M. C4 4,230 Street Excavation, Complete In S.Y. Place Per Square Yard, C5 550 Ditch Backfill, Complete In Place C.Y. Per Cubic Yard. C6 Clear Right-Of-Way, Complete in Place Per Lump Sum. $--- - - - - -- $ j. ----------- 11'rl $ '/ - ' e%_6 $ - AL $ : h 'e), Revised Addendum No, 4 Proposal For= Attachment No, 1 Page 8 of I Page 8 of 16 PAVING ASSESSMENTS PROJECT (80M 2008) (VakY Street-Swnatner Drive to Reid Drive, project N 6503, Ivy Lane-Gollihar Road to Horne Road, project N 6504, Clare Drive-S.P to McArdle Road, Project No. 6505) I TI III IV v ITF24 QTY DESCRIPTION URI UNIT PRICE TOTAL PART "C- CLAM DRIVE (S,P.I.D. TO MCARDLE) (CONT'D) STREETS, SIDEWALKS AND DRIVES C7 4,230 S.Y. 12" Compacted Subgrade, Complete. In Place Per Square $ Yard. 4,230 S.Y. Geogrid TX-5, Complete In Place Per Square Yard. 4,230 8" Compacted Crushed Limestone Base C9 S.Y. {Type A, Gr. 1), Complete In Place Per Square Yard. $ CIO 515 Prime Coat (0-15 GAL/SY)(MC-30), GAL. Complete In Place Per Gallon. $ $ 3,360 S.Y. 2" RMAC Pavement (Type D), Complete In Place Per Square 6e Yard. C12 2,430 L.F. G" Concrete Curb and Gutter, Complete $ x In Place Per Linear Foot. fq $ 9,965 4" Concrete Sidewalk w14" Bank Sand C13 S . F. Bedding (4' Wide TYP.), Complete in Place Per Square Foot. $ $ C14 6,940 6" Concrete Driveways, Complete in $ S.F. Place Per Square Foot. $ C25 152 Asphalt Driveway Transition, S.Y. Complete In Place Per Square Yazd. $-, C16 50 Concrete ADA Curb Ramp, Complete In S. F_ Place Per Square Foot. $ $ C17 1,400 Sodding, Complete In Place Per S.Y. Square Yard. $ $ 1 A6, C18 1 Relocate Signs and Mailboxes, L.S. Complete In Place Per Lump Sum. ----------- $ Addendum No, 4 Proposal Fo Attachment No. I Page 9 of 16 page 9 of 16 --------------- -------- PAVING .ASSESSMENTS PROJECT (BOND 2008) (Vaky Street- Swnatner Drive.. to Reid Drive, Project No. 6503, Ivy bane- Gol.lihar Road to Horne Road, Project No. 6504, Clare Drive- S.P.I.D. to McArdle Road, Project No. 6505) I II III IV V ITEM � QTY DESCRIPTION UNIT TOTAL PRICE PART "C" CLARE DRIVE (S . P . I. D. TO MC.ARDLE) (CONT' D ) STREETS, SIDEWALKS AND DRIVES C19 I Exploratory Excavations, Complete $ --- ----- ___ $ L.S. In Place Per Lump Scam. STORM SEWER C20 235 18" Dia. RCP (Class III), Complete ��� $ L� L.F. In Place Per Linear Foot. < 365 24" Dia. RCP (Class III), Complete L.F. In Place Per Linear Foot. C22 970 L.F. 30" Dia. RCP (Class III), Complete In Place Per Linear Foot. $— ' �- $ JI C23 55 36" Dia. RCP (Class III), Complete $ ., .„. $ L.F. In Place Per Linear Foot. r C24 6 Concrete Storm Water Manhole (Type "A"), I EA. Complete In Placer Per Each. $�' C25 10 EA. Standard Curb Inlet, Complete In Place Per Each. -? Tie Prop. 36 RCP Into Existing 51 C26 EA. x 5' Box Culvert, Complete In Place s Per Each. C27 65 S.Y. Pavement Repair, Complete In Place Per Square Yard, m 1,125 Trench Safety For Storm hater C28 L.F. Conduits, Complete In Place Per $� Linear Foot. Trench Safety For Storm Water C29 EA. Structures, Complete In Place Per Each. Reviaed Addendum No. 4 Proposal F02m Attachment No. 1 ?age 10 of 16 'age 10 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (VakY Street-Swnatner Drive to Raid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project 'No. 6505) I II III IT V ITEM UNIT DESCRIPTION UNIT TOTAL PRICE PART NICIF CLARE DRIVE (S.P.I.D. TO MCARDLE) (CONTID) STORM SEWER Adjust Existing Storm Water Manhole C30 EA. to Finished Grade, Complete in $ Place Per Each. SANITARY SEWER 2 Adjust Existing Sanitary Sewer C31 LA. Manhole To Finished Grade, Complete In Place Per $ Each C32 7 EA. 4" PVC Service, Near Side (23' $ TYP.) , Complete In Place Per Each. C33 17 4" PVC Service, Far Side (27' TYP.) Complete $ ' EA. , In Place Per Each. WATER 13 Replace Existing Services, Near C34 EA. Side (10 TYP.), Complete In Place Per Each. $ Replace Existing Services, Far Side C35 EA. (40' TYP.), Compl In Place Per Each. $ ------------ C36 2 EA. Fire Hydrant Assembly, Complete Ira Place Per Each. $ 2 Raised Reflective Pavement Markings C37 EA. (TYII-B-3) Blue, Complete In Place Per Each. $ ro $Crime 10 Revised Addendum No, 4 Proposal PC--m Attachment No. I Page 11 of 16 Page 11 of 16 PAVING ASSESSMENTS PROJECT (30ND 2006) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) I II SIT IV V ITEM Q TY UNIT DESCRIPTION UN YT H TOTAL PRICE .......... PART %'C" CLARE DRIVE (S.P.I.D. TO MCARDLE) (CONTID) CONSTRUCTION ALLOWANCE C38 1 Clare Drive Construction Allowance, $ - -- ---- L.S. Complete In Place Per Lump Sum. $ 16 SUBTOTAL PART -C" CLARE DRIVE (S. P. 1. D. TO HCARDLE) (ITEMS. Cl-C38) $ PART I'D" ADDITIVE ALTERNATE No- 1 (IVY LANE NEW SANITARY SEWER) SANITARY SEWER Di 16 Grout Fill Existing 81 VCP Sanitary Sewer, Complete In Place Per Cubic C.Y. Yard. $- /'* 10 Grout Fill Existing Sanitary Sewer D2 C.Y. Manhole, Complete In Place Cubic Yard. $ 2 Rehab. Existing 4' Dia. Manholes D EA. Using Fiberglass Line (<6'Depth), Complete In Place Per Each. �7 10 Extra Depth For Rehab. Existing 41 D4 4 Dia. Manholes Using Fiberglass V. F. Liner (>6' Depth),. Complete In $ 10) eel Placer Per Vertical Foot. DS EA. I' Dia. Sanitary Sewer Manhole (<61 Depth) , Complete In Place Per Each. $ 4 4' Dia. Sanitary Sewer Manhole D6 V.F. Extra Depth (>6'Depth), Complete in e Place Per Vertical Foot. D7 32 S Pavement Repair, Complete In Place Per Square Yard. e-16 Rev':Lsad Addendum No. 4 Proposal Farm Attachment No. I Page 12 of 16 Page 12 of 16 PAVING ASSESSIdEl PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) 11 IV V TEEM TM QTY DESCRIPTION UNIT UNIT PRICE TOT AL PART ADDITIVE ALTERNATE NO- 1 (IVY LANE NEW SANITARY tETVMR) (colqTrr SANITARY SEWER 480 G` PVC (SDR 26) Sanitary Sewer (4 DS 08 L.F. - G'Cut), Complete In Place Per Linear Foot. F 545 8" PVC (SDR 26) Sanitary Sewer (6' D9 L.F- - 8 1 CLIt), Complete In Place Per Linear Foot. $ 200 8" PVC (SDR 26) Sanitary Sewer (8 D10 L.F - 10'Cut), Complete In Place Per Linear Foot. DELETE: Remove Existing Root Dll 2 EA. Obstruction By Method of Rod w/Cutter, Complete In Place Per Each. DELETE: Adjust Existing Sanitary D22 FA. Sewer Manhole TO Finished Grade, Complete In Place Per $ $ Each. SUBTOTAL PART I'D" ADDITIVE ALTERNATE No. 1 (IVY LANE NEW SANITARY $ SEWER) (ITEMS D1-D12) PART "Ell ADDITIVE ALTERNATE NO. 2 (CLARE DRIVE CIPP) Mobilization and Demobilization For El LS Cured - In- Place -Pipe, Complete In Place $----- - - - - -- Per Lump Sun. E2 LS Setup Charge For CIPP Installation, Complete In Place ----------- Per Lump Sum. 1, 385 Clean and CIPP Existing 8" VCP To E3 L'F. Sanitary Sewer, Complete In Place e Per Linear Foot. Addendum No. 4 Proposal Posen Attachment No. I Page 13 of 1 6 Page 13 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Goll:Lhar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) 1 11 111 IV V ITEM QTY DESCRIPTION UNIT & UNIT PRICE TOTAL PART "Ell ADDITIVE ALTERNATE NO. 2 (CLARE DRIVE CIPP) (CONT D) 5 Rehab Existing 4' Dia. Manholes E4 EA Us-ing Fiberglass Liner - (<6'Depth�$ — 66 Complete In Place Per Each, Extra Depth For Rehab Existing 4 E5 18 V.F. Dia. Manholes Using Fiberglass Liner (>6'Depth), Complete In Place $ $ Vertical Foot. 2 DELETE: Adjust Existing Sanitary E6 EA Sewer manhole To Finished Grade, $ $ Complete In Place Per.Each. -6 � 15e c -66 E7 2 EA. Point Repair, Complete in Place Per Each. $ $ - SUBTOTAL PART "E" ADDITIVE ALTERNATE NO. 2 (CLARE DRIVE CIPP) (ITEMS El-E7) PART %'Fr' ADDITIVE ALTERNATE No. 3 (IVY LANE SPEED HUMPS) Fl 2 EA. 3 Speed Hump, Complete In Place Per Each- $ 2 Speed Bump w/Speed Limit Sign (W17- F2 EA. I&W13-1P), Complete In Place Per Each. $ SUBTOTAL PART 'IF" AD DITIVE ALTERNATE NO, 3 (IVY LANE SPEED HUMPS) A19 (ITEMS F1-F2) PART %'G" ADDITIVE ALTERNATE NO. 4 (CLARE DRIVE SPEED wimps) GI 2 EA. 3" Speed Humps, Complete In Place Per Each. �37 2 Speed Hump w/Speed Limit Sign (W17- -------- G2 EA. 1 &W13 - 1-P), Complete In Place Per $ 6 Each. SUBTOTAL PART "G ADDITIVE ALTERNATE NO. 4 ( CLARE DRIVE SPEED $ HUMPS) (ITEMS G1-G2) go-v sed Addendum No. 4 P==Osal Farm. Atachment No. I Page 14 of 16 Page 14 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) TOTAL BASE BID Subtotal - Part A Vaky Street (Swantner to Reid) (Bid Items Al through A15) Subtotal - Part E Ivy Lane (Gollihar to Horne) (Bid Items Bl through B39) Subtotal Part C Clare Drive (S.P.I.D. to M, (Bid Items Cl through C37) TOTAL BASE BID (PARTS A, B & C) TOTAL ADDITIVE ALTERNATE NO. 1 Subtotal - Part D Additive Alternate No. I (Ivy Lane New Sanitary Sewer) (Bid Items Dl through D12) $ TOTAL ADDITIVE ALTERNATE'RO. 2 $ Subtotal - Part E Additive Alternate No. 2 (Clare Drive q CIPP) (Bid Items El through E7) TOTAL ADDITIVE ALTERNATE NO. 3 Subtotal - Part F Additive Alternate No. 3 (Ivy Lane Speed Humps) (Bid Items Fl-F2) $ TOTAL ADDITIVE ALTERNATE NO. 4 Subtotal - Part G Additive Alternate No. 4 (Clare Drive Speed Humps) (Bid Items Gl-G2) $ NOTE: The above unit prices must include all labor, materials, rem 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 th final quantities. DO NOT ORDER MATERIAL BASED ON THESE kppROXIM2 .TZ QUANTITIES. rievis ®a =Addendunm, No. 4 P=Oposal Form Attachment No. I Page 15 of 16 Page 15 of 16 PAVING ASSESSMENTS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to Reid Drive, Project No. 6503, Ivy Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S.P.I.D. to McArdle Road, Project No. 6505) The undersigned hereby declares that he has visited the site anci has carefully examined the plans, bids and contract documents rel., 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 warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within te calendar days execrate the formal contract aad11 d P ond (as required) for the faithful performance of this contract and a Pa yment 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 Co Christi in the event h the , as contract and bonds are not executed within the time above set fort liquidated damages for the delay and additional worked caused thereby. Min Business Enterprise Participation- The apparent . 1 0 , bidder shall, within five days of receipt of bids, submit to City Engin 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 b prepared in not less than four counterpart (original signed) sets. Time of Complation: The undersigned agrees to complete the work within 150 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: -4 (Seal If Bidder is \J .(A Corporation) Address: iP.O. Box) (Street) '7 Note: Do not detach bid from (City) (State) (Zip) other papers. Fill in with ink and submit complete with Telephone: attached papers, ------ (Revised August 2000) Revised Addendu No, 4 Proposal Forn Attachme N I Page 16 of 16 "age 16 of 16 IP'ERFORMANC E BON D STATE OF TEXAS BOND No. 929532457 COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: That Berry Contracting LP dba Say, Ltd. of the City of Corlaus Christi County of Nueces _, and State of Texas as principal ("Principal"), and CONTINENTAL CASUALTY COMPAN-Y , 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, THREE HUNDRED EIGHTY-ONE THOUSAND, TWO HUNDRED SEVENTY AND 55/100 U.S. Dollars ($2,381,270.55 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 19TH of MIARCH , 2013, 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 PATING ASSESSMENTS PROJECT (BOND 2008) (VAKY STREET-SWANTNER DRIVE TO REID DRIVE; IVY LANE-GOLLIHAR ROAD TO HORNE ROAD; CLARE DRiVE-S.P.I.D. TO MCARDLE ROAD PROJECT NOS. 6503; 6504; 6505 (TOTAL BASE BID + ADD.ALTS. #1 & #2: $2,381,270.55) 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 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 an 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 26TH day of _ MARCH 1 2013. PRINCIPAL SURETY ATTEST: Secretary Address P'O_ BO Y-9908 CORPUS CHRISTI, TEXAS 78469 Address: P.O. BOX a70 CORPUS CHRISTI, TEXAS 78403 Telephone-- 361-883-1711 Fax - . 361-884-0101 E-Mail mmoore@s- gins.com (Rev. Date May 2011) Performancb Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for d'e-fivery of notice and service of process: Name: RANDAL M. LEE Agency: SWANTNER & GQRDQN, INSURANCE` _AGENCY 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 STATE OF TEXAS BOND No. 929532457 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That - Berry Contracting LP dba Bay, Ltd. of the City of Corous 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, THREE HUNDRED EIGHTY-ONE THOU SAND, TWO HUNDRED SEVENTY AND 551100 U.S. Dollars ($ 2,381,270.55 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 19TH day of MARCH, 2013 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 PAVING ASSESSMENTS PROJECT (BOND 2008) (VAKY STREET-SWANTNER DRIVE TO REID DRIVE; IVY LANE-GOLLIHAR ROAD HORNE ROAD; CLARE DRIVE-S.P.I.D. TO MCARDLE ROAD PROJECT NOS. 6503; 6504; 6505 (TOTAL BASE BID + ADD.ALTS. #1 & #2: $2,381,27055) 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 per 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 sealed this instrument in 4 copies, each one of which shall be deemed an original, this the 26TH _ day of MARCH N r: , BERRY CONTRACTING, LP DBA BAY LTD. By: Title: . ATTEST: Secretary Address Po Box c3qo8 —A Address: PO BOX 870 CORPUS CHRISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 Telephone' 361-883-1711 Fax E-Mail" rmoore@s-qj�ns. com Rev. Date May 2011 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 AGENCY Address 500 N. SHORELINE BLVD., STE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78401 (City) (State) (zip) Telephone' 361-883-1711 E-Mail: rm1@s-cr ins ,cPm 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. AH&I Rev. Date May 2011 Payment Bond Page 3 of 3 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called - the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint R M Lee, Mary Ellen Moore, Tami J Duncan, Steve Addkison, Cathleen Hayles, Danielle Harris, Individually of Corpus Christi, TX, their true and lawful Attorneys) -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 9th day of February, 2012. & 1 100suft PORATZ 7- 2 JULY SEAL 1897 H�A Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Stathi ' Vice President State of Illinois, County of Cook, ss: On this 9th day of February, 2012, 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. ----------- E PRICE WrMy PUI= - STATE OF MYOMMOMIDWRIMMM My Commission Expires September 17, 2013 Eliza Price 4V Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 262114 day of MATCH 2013 . rCAS Wttl 114su SEAL Form F6853-1/2011 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. R - Akis Assistant Secretary — State of Texas . Claln� Notice Endorsement In accordance with Section 2M.021 (9 of the Tax" Govem Section 53202(6) of the Texas Property Code any notice of dalm to the named C od e and un der t bond •. • be o. ■ • _ .• .11, Tele phone: e22-S 1 1 •r ' Oft H OUSU X16 contact the Tom Departmert of lnsmr,,cg _1 f S 00 to obtai 6 • r;.l • •. co mpani e s . ri ghts o Y• F. IY• •.. 14 KW2524439 You may also write the Texas Departmw t of Insurance.. P.O. Box 149 t}+4, Austin. Texas 78714 -9104, or fax 812.475.1771. PREMIUM OF ■ i yo N OTICE about a clairn you stxxw co Me Com p a ny fimL If ft dispute Is not Premium or contact the Texas DepaMnwg of Insura re3ohred you may ATTACH THIS i YOU - • become a Part or condition Of the attached documents. P.kVING ASSESSMMIrS PROJECT (BOND 2008) (Vaky Street-Swnatner Drive to 'Reid Drive, Project No. 6503, ly ,y Lane-Gollihar Road to Horne Road, Project No. 6504, Clare Drive-S-P.I.D. to McArdle Road, Project No. 6505) TO PE ASSIGXTD -BY = PURCHASING Dr BION City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City provide the following information. Every quesboxi must be answered. if the questioti i am) e rtifi cations an rLot 1i a le, answer with "NA". See reverse side for Filing Requirements, C-e c tio d defons- C01VTAN-Y NAME: P. 0. BOX: z STREET ADDRESS: CITY: Z11- Fnzm IS: 1. Corporation L 2. Partnership 0' 3. Sole Owner M 4, Association 0 5. Other F1 DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee of the City of Corpus Christ having an "ownership interest'' constituting 3% or more ofthe ownership in the above amed 'T=r " 'Tame AM Job Title and City Depar tment (if known) 2. State the names of each "official" of ' the City of Corpus Christi having an "mynership interest constituting 3 3% or more of the ownership in the above named "farm." Name Title, 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesf constffirdng 35 more of the ownership in the above named "firm.." Name Ax/ Board, Commission or Committee w 4. State the names of each employee or officer of a "consult,-MV for the City of Corpus Christ who worked on anv matter related to the subject of this contract and has an "oviership interest" corisrituting 3 more of the ownership in the above named "firm." Name Consultant Page 17 of 18 P-kVTNG kSSRSSMMMS PROJ73CT (BOND 2008) (Vaky Street Swr Drive to Reid Drive, Protect No. 6503, ivy Lane-Gollihar Road to Horne Road, Pro -ect'yo. 6504, 1 Clare Drive-S.P.I.D. to McAr Road, Project No. 6505) L19 If a person who requests official action on a matter knows that th requested action wV11 conf an economic benefit on any City official or emyloyee that is distinguishable horn the effect that t e action will have on members of the public in goner or a substantial segment thereof, you shall disclose that f 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 a be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 {d }l WIN Ntfff't t that I bave not ko certify #hat all inforTriation provided is true and correct of the date of this pro mptly ements, - will be Certifying Person: 0 4 L - -Z, Title. -rype or Prit±) Signature of Certifying Date. MriITIONS a. Doan l eed, oommission, or cornmittee appointed by th C of the City of Corpus Christi, Texas. b. "Econornic benefit . An action that: is likely to affect an economic L re if i i l t on c lite st like o ha e an effect on that interest that is distriguishable. from its effect on Members of the public in gene or a substantial segment thereof c.. "Employee. Any person -employed by the City of Corpus Christi, Texas either on a M or pa - time basis, but not as an independent contractor, d. 'Tirm." 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, entitie operated in the form of sole proprietorship. as self-employed perso partnership, corporat jo 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 M- anagor, Assistant City Managers, Department and Division Heads, and IV tinicipal Court Judges of the City O -p Corpus Christi, Texas, .1 f. "Ovmiership Interest." Legal or equitable interest, whethe ac or constructively held, in a Erin. including When such interest is held through an agent, t estate, or boldin 4� - Z:� ag st, stat din g e onstructively held" refers to holdings or control established through xi trusts, proxies, ro r special - terms of venture or partnership agreements." C� es,, o g. Consultant." Any person or firm, such as engineers and architects, hired by the City of Co Christi for the purpose of'professional consultation and recornmendatioa. Page 18 of is BERCPCI OP ID: BRNI AC+©R[ ►' CERTIFICATE OF LIABILITY INSURANCE DAT0 7D1VYYY, 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 W;iiVED, 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 361- 844Y0101 PO Box 870 Corpus Christi, TX 78 40 3 -0870 Randal M Lee CONTACT P F Ax ,moo No ertt:361 - 883 - 1711 Ai Na: 361 - 844 - 0101 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC a INSURER A:. Ace American Insurance Co 22667 INSURED Berry Contracting, LP dba Bay, Ltd. P.O. Box 4858 INSURER B ; Ace Property & Casualty Ins Cc 20699 Illinois Union Insurance Co INSURER C: 27960 INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS•MAOE I A i OCCUR Corpus Christi, TX 78469 -4858 INSURER E: HDOG2808950 05120112 INSURER F: PREMISES (Ea �alrre1 $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSU CE POLICY NUMBER POLICY EFF MM1DDfrY POLICY ExP MMIDD _ LIMITS GENERAL LIABILITY V EACH OCCURRENCE ' $ 1 A X COMMERCIAL GENERAL LIABILITY CLAIMS•MAOE I A i OCCUR HDOG2808950 05120112 05120113 PREMISES (Ea �alrre1 $ MED EXP {Any one person) $ 10,00 PERSONAL& ADV INJURY $ .. 1,000,00' GENERAL AGGREGATE $ 10,000,00 GEN ° L AGGREGATE LIMIT APPLi PER: PRODUCTS - COMPIOP AGO $ 5,000,00 POL I Z PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaaccidenz 1 1 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ISAM08695982 05120112 05120/13 +' /'{ BODILY INJURY (Per a ccident) ,., NON -OWNED HIRED AUTOS AUTOS PROP R" OAMAG Per accidend $ $ E ,1(. UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ _. 25,000,000 AGGREGATE g 23,000,057 B EXCESS LIAS CLAIMS -MADE XOOG25808890 05120112 05120113 i / DED X RETENTION$ 25,000 A WORKERS COMPENSATION q, AND EMPLOYERS' LIABILITY'' V ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N OFFICERIMEMBBER EXCLUDED? [ NN NIA WILFIC46781434 05120/12 05120113 ,X I T WO TATT- 0TH. ORY E.L. EACH ACCIDENT -- $ 1 1 000,00 E.L. DISEASE - EA EMPLOYEE , $ 1,0 00,00 (Mandatory In NH) It yes, describe under f E.L. DISEASE - _POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS below Fr C Contractors CPYG24845332006 05120112 05120/13 Pollution 25,000,00 Pollution Limit/ Aggregat DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 191, Additional Remarks Schedule, if mare span is required) See attached notepad for additional coverage information. Project: Paving Assessments Project(Bond 2008) Project Nos. 6543; 6504 & 6505 - Vaky Street, Ivy Lane, Clare Drive City of Corpus Christi Dept, of Engineering Services Attn: Contract Administrator PO Box 9277 CICO -CC 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 1 W - IV*15 -GUIU /Af-UKU 4Vr(t'UKAI IVN. All rights reserved.. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD I NOTEPA BERGPCI PAGE 2 D INSUREUS RAME Berry Contracting, LP OP ID: BRNI DATE 03126113 � Liability: The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status. Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG2010 10/01, and Additional Insured - Owners, Lessees or Contractors - Completed Oj>erations CG2037 10/01. he General Liability policy includes a blanket automatic waiver of ubrogation endorsement that provides this feature only when there is a ritten contract between the insured and certificate holder that requires t. Waiver of Transfer of Rights of Recovery Against Others To Us G2404 05/09. a General Liability policy includes a primary and non- contributory dorsement - Non-Contributory Endorsement For Additional Insureds Form -20287 (06/06) only when there is a written contract requiring such. tomobile: The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status. Additional Insured - Designated Persons or Organizations DA-9U74a (04/11). Che Auto policy includes a blanket automatic waiver of subrogation * ndorsement that provides this feature only when there is a written zontract between the insured and certificate holder that requires it. 4aiver of Transfer of Rights of Recovery Against Others DA-13115 (12/02). Compensation: he Workers Compensation policy includes a blanket automatic waiver of uhrogation endorsement that provides this feature only when there is a ritten contract between the insured and certificate holder that requires t. Waiver of Our Right to Recover From Others Endorsement WC000313 1/05 & Texas Waiver of Our Right to Recover From Others Endorsement c420304A (1/00). Workers Compensation policy includes Longshore and Harbor Workers' ensation Act Coverage Endorsement WC000106A 0492. Workers Compensation policy includes Outer Continental Shelf Lands Act :rage Endorsement WC000109B 07 11. Workers Compensation policy includes Maritime Coverage Endorsement - ts of Liability $1,000,000 Each Accident/Aggregate, and includes sportation, Wages, Maintenance & Cure WC000201A 0492. he Workers compensation policy includes Voluntary Compensation Employers iability Coverage Endorsement WC000311A 08/91 & Voluntary Compensation ar±time Coverage Endorsement WC000203 (4/84). he Workers Compensation policy includes a blanket automatic alternate mployer endorsement that provides this feature only when there is a ritten contract between the insured and certificate holder that requires t. Alternate Employer Endorsement WC000301A Ed 02/89. © EP��, ' HOLDER CODE CICO -CC BERGPCI PAGE INSUREDS NAME Berry Contracting, LP OP ID: BRNI DATA 08/26/13 CERTIFICATE HOLDER: City of Corpus Christi The General Liability, Auto & Workers Compensation policies includes an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate Holder except 10 days notice of nonpayment of premium. General Liability - Notice to Others Endorsement - Schedule Notice by Insured's Representative ALL -32566 {0111'1 Auto- Notice to Others Endorsement - chedule Notice by Insured's &presentative Schedule Notice Insured's r Workers es Notice U3 69 (01/11) dorsement - POLICY NUMBER. HOD 626438950 ENOT, #32 Berry Contracting, LP dba Bay, Ltd. COMMERCIAL GENERAL LIABILITY Policy Term: 05/20/12 to 05/20/13 CG 200 10 al THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDIT(ONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person Or OrganlzatiOn whom you have agreed to include as an additional insured under a written contract, Provided such contract was executed prior to the date of loss. City of Corpus Christi, Dept. of Engineering Services Location and Description of Completed Operations: All location w here YOU are performing work for such additional insured pursuant to any such written contract. PO Box 9277, Corpus Christi, TX 78469-9277 included (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Section 11 — Who is An Insured is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" at the location designated and described in the schedule of this en. dorsement performed for that insured and Included in the "products-wmpleted operations hazard." V 11 R, M . Lee Swantner & Gordon Insurance Agency, LLC CG 20 37 10 01 Q ISO Properties, Inc., 2000 page I of I 60 POLICY NUMBER: HDO G26438950 Berry Contracting, LP dba Bay, Ltd. Policy Term: 05/20/12 to 05/20/13 EN DT. #34 COMMERCIAL GENERAL LIABILITY CG 2010 '1001 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 6*4904111111" Name of Person or Organization. Any Owner, Lessee or Contractor whom you have agreed to include as an additi insured under a written contract, provided such contract was execi;Lted prior to the date of loss. City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Sox 9277 Corpus Christi, TX 78469-9277 ku no enEry appears aoove, intormation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your 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 & Gordon Insurance Agency, LLC CG 20 10 10 01 Q ISO Properties, Inc., 2000 Page I of I n 62 POLICY NUMBER: ISA H08696982 ADDITIONAL INSURED — "TED PERSONS OR ORGANIZA Berry OP, Inc., Berry Contracting, LP dba Bay, Ltd. 8 Policy Symbol Policy icy Pericad E ISA E086 /20/2012 to 05/20/2013 Issued By (Name of Insurance Company) ACE Ana=ican lns=ancia Co=ariv THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the followings BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM MMEM Additional Insured(s): Any Person or organization whom you have agreed to incliade as an additional insured under a written contrast, provided such cont=act w as executed prior to the date of loss. A. For a covered 'auto," Who is Insured is amended to include as an "insured." the persons or organizations named in this endorsement However, these persons or organizations are an "insured' only for 'bodily injury" or 'property damage' resulting from acts or omissions cat: 1, You. 2. Any of youremployeee or agents. 3. Any person operating a covered "auto" with permission from you, any of your 'employees" or agents. S. The persons or organizations named in this endorsement are not liable for payment of your premium. City of Corpus Christi Department of Engineering Services Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 AT Authorized Representative DA-9U74a (04111) Page I of i 9 POLICY NUMBER. HDO G26433950 V / I/ ENDT. #29 NOTICE TO OTHERS ENDORSEMENT —SCHEDULE I NOTICE BY INSURED'S REPRESENTATIVE I Marned insured Endorsement Number Berry GP, Inc., Berry Contracting, LP dba. Bay, Ltd. 29 Policy Symbol Policy Number I626438950 Policy Period I05/20/2012 Effective Date of Endorse_rn_e�nt HDO to 05/20/2013 Issued By (Name of Insurance Company) ACE American Insurance Company ftt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF ULLY. 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. 13. 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 Persort(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy, C We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. We will only be responsible for sending such notice to your representative, and your representative Will i C . 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 Authorized Representative ALL-32686 (01/91) Page I of 1 &I POLICY NUMBER: ESA H08695982 ENDT. #12 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE I NOTICE BY INSURED'S REPRESENTATIVE Named insured Endorsement Number Barry GP, Inc., Berry contracting, LP dba Bay, Ltd. 12 Policy Symbol Policy Number Policy Period Effective Date of Endorsernent ISA I H08695982 105/20/2012 to 05/20/2013 issued By (Name of Insurance Company) L ACE American Ins=ance Company 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, 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 crganizafion(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us. our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, not 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- All other terms and conditions of the Policy remain unchanged Authorized Representative ALL-32686 (01/11) Page I of I M Workers' Compensa Named insured BERRY GP, INC. , Berry Contracting, LP dba CORPUS CHRISTI TX 784694858 05 I ssui:d By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY and Employers' Liability Policy Endorsement Number Policy Number Symbol: WLR Number: C46781454 Effective Date of Endorsement 1 oniv when this endorsement is Issued subseauent to NOTICE TOOTHERS ENDORSEMENT -SCHED8LE NOT BYlNSUREDrS 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 t nonpayment of premium, vvevd U endeavor, nm set out in this endorsement bo send written notice of cancellation, to the persons or organizations listed in the schedu that you or your representative create or maintain (the "Sohedu|e~) by allowing your representative tosend such notice hosuch persons or organizations. This notice will he in addition to our notice to you or the first Named Insured, and any other party whom we are required to modify by statute and in accordance With the cancellation prov of the Policy. B. The notice referenced in this endorsement au prov by your representative iuintended only to be a courtesy notification to the penson(s) or organization(s) named in the Schedule in the event of pending omnmyDat)nm of coverage. VVe have mo legal obligation of any kind to any such pmrnmn(a)nrorganization(e). The failure to Provide advance npbficabnn of cancellation to the person(s) or organization(s) shown in the Schedule vW| impose no obligation or liability of any kind upon us, our agents or represen Will not extend any Po cancellation date and mh|[ 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. / e will only be responsible for sending such notice to your representative, and your representative will in turn mend the notice to the persons or organizat listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with mo in providing the Schedule, or in causing your representative to prov the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 2885 WC 99 03 69 (01/11) /LA 4 Authorized Representative '22