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HomeMy WebLinkAboutC2013-263 - 8/27/2013 - Approved f 2013-263 8127113 Ord. 029941 aY Ltd. (Revised 7!5!00) BAYFRONT DEVELOPMENT PLAN, PHASE 3 (BOND 200 8) SHORELINE I PROJECT NO. 6511 Table of Contents NOTICE TO BIDD (Revised 7/5/2000) NOTICE TO CONTRACTORS — {Revised 3!2003) Insurance Requirements NOTICE TO CONTRACTORS — B (Revised 3/2009) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A — SPECIAL PROVISIONS -1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations -3 Description of Project -4 Method of Award --5 Items to be submitted with Proposal -6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage -8 Faxed Proposals -9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7!5!00) A-11 Cooperation with Public Agencies (Revised 7!5!00) -12 Maintenance of Services A-13 Area Access and Traffic Control ®14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials A-17 Field Office A-183 Schedule and Sequence of Construction A-19 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) d �� 'O8II •4.0,9:.—.e.PB 8h "4 8�6P4 e4e NOT USED A-24 Surety Beads A .29 �P, �� ® �??v_..�tir O LONGER APPLICABLE (6111195) -26 Supplemental Insurance Requirements NOT USED A-283 Considerations for Contract Award and Execution A®29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy can Extra Work and Change Orders -32 Amended nExecution of Contract" Requirements A-33 Conditions of Work -34 Precedence of Contract Documents NOT USED A-36 Other Submittals (Revised 9115100) V A-37 Amended "Arrangement and Charge for Water Furnished by the City" A°383 Worker®s Compensation Coverage for Building or Construction Projects for Page 1 of Government Entities mmm�v NOT USED A-40 Amendment to Section E-0-6e partial Estimates A-41 Ozone Advisory A-42 OSHA Rules & Regulations A®43 Amended Indemnification & Hold Harmless (9/95) A®44 Change Orders (4/26/99) A®45 As-Built Dimensions and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) A-47 Pre Construction Exploratory Excavations (7/5/00) A-45 Overhead Electrical Wires {7!5/00} A-49 Amended "Maintenance Guarantyn (5/24/00) A-50 Amended Prosecution and progress A®51 Storm Water Pollution Prevention Plan P-52 De-Watering A-53 Disposal of Contaminated Groundwater A®54 Allowances Clause A®55 Construction Exits A-56 Stamped Concrete SUBMITTAL N MI` TAL FORM PROJECT SIGN ATTACHMENT I ATTACHMENT m IT ® MST OF DRAWINGS PART B — GENERAL PROVISIONS PART C REQUIREMENTS PART S � STANDARD SPECIFICATIONS SS 020100 Survey Monument (S-49) SS 021040 Site Grading SS 022020 Excavation and Backfill for Utilities and Sewers (S-9) SS 022022 Trench Safety for Excavations SS 022040 Street Excavation SS 022100 Select Material (S®15) SS 022420 Silt Fence SS 025205 pavement Repair, Curb, Gutter, Sidewalk,& Driveway Replacement SS 025402 Planing Asphaltic Surfaces SS 025404 Asphalts, Oils, and Emulsions S 025412 Prime Goat SS 025414 Aggregate for Surface Treatment and Seal Coats SS 025416 Seal Coat SS 025424 Fitt Mix. Asphaltic Concrete Pavement (Class A) SS 02561G Concrete Curb & Gunter SS 025612 Concrete Sidewalks & Driveways SS 025614 Concrete Curb Ramps SS 025502 Temporary Traffic Controls During Construction SS 026201 Cuter Dine Riser Assemblies (S-79) SS 026202 Hydrostatic Testing of Pressure System (S-89) SS 026204 polyvinyl Chloride pipe (S-91) SS 026206 Ductile Iron Pipe and Fittings (S-81) SS 026210 polyvinyl Chloride pipe (S-83) SS 026214 Grouting Abandoned Utility Limes (S®3) SS 026402 Waterlines (S=5 ) SS 026409 Tapping Sleeves and Tapping valves SS 026411 Gate Valves for Water Lines (S®55) SS 026416 Eire Hydrants (S-56) SS 026602 Sanitary Sewer Force Main (S-69) SS 027203 Vacuum Testing of Sanitary Sewer Manhole and Structures SS 027205 Fiberglass Manholes SS 027602 Gravity Sanitary Sewers (S.r61) Fags 2 of 4 SS 027610 Televised Inspection of Conduits SS 028020 Seeding SS 030020 Portland Cement Concrete SS 032020 Reinforcing Steel SS 037440 Epoxy Compounds SS 038000 Concrete Structures SS 055420 Frames, Crates, Rings and Covers PART T - TECHNICAL SPECIFICATIONS TS- 216 (Item 216) Proof Rolling T'S- 400 (Item 400) Excavation and Back.fill for Structures TS-401 (Item 401) Plowable Backfill TS-402 (Item 402) Trench Excavation Protection TS-416 (Item 416) Drilled Shaft Foundations TS-0420 (Item 420) Concrete Structures TS-421 (Item 421) Hydraulic Cement Concrete TS-424 (Item. 424) Precast Concrete .Structures (Fabrication) TS-427 (Item 427) Surface Finishes for Concrete TS- 432 (Item 432) Riprap TS-440 (Item 440) Reinforcing Steel TS-441 (Item 441) Steel Structures TS-4442 (Item 442) Metal for Structures TS-445 (Item 445) Galvanizing TS-447 (Item 447) Structural Bolting TS-448 (Item 448) Structural Field Welding TS-449 (Item 449) Anchor Bolts TS-464 (Item 464) Reinforced Concrete Pipe TS-465 (Item 465) Manholes and Inlets TS-476 (Item 476) Jacking, Boring, or Tunneling Pipe or Box TS-479 (Item 479) Adjusting Manholes and Inlets TS-600 (Item 600) Traffic Signal Standards s Specifications TS-601 (Item 601) Traffic Signal Controller Unit TS-615 (Item 615) Traffic Signal Cabinet Assemblies TS-618 (Item 618) Conduit TS-620 (Items 620) Electrical Conductors TS-621 (Item 621) Tray Cable TS-P622 (Item 622) Duct Cable TS-°624 (Item 624) Ground Bones TS-625 (Item 625) Zinc-Coated Steel Wire Stand TS-°628 (Item 628) Electrical Services TS-635 (Item 635) Internally Illuminated Street Name Sign TS-636 (Item 636) Aluminum Signs TS-643 (Item 643) Sign Identification Decals TS-644 (Item 644) Small Roadside Sign Supports and Assemblies TS-655 (Item 656) Controller Foundation TS-658 (Item 658) Delineator and Object Marker Assemblies TS-662 (Item 662) Work Zone Pavement Markings TS-666 (Item 666) Reflectorized Pavement Markings TS-668 (item 668) Prefabricated Pavement Markings T'S--672 (Item 672) Raised Pavement Markers TS- 677 (Item 677) Eliminating Existing Pavement Markings and Markers TS-67B (Item 678) Pavement Surface Preparation for Markings TS- 680 (Item 680) Installation of Highway Traffic Signals TS- 662 (Item 682) vehicle and Pedestrian Signal Head TS-683 (Item 683) LED Pedestrian Signal Countdown Module TS-x684 (Item 684) Traffic Signal Cables TS-x685 (Item 685) Roadside Flashing Beacon Assemblies TS-686 (Item 686) Traffic Signal Pole Assemblies (Steel) TS-687 (Item 687) Pedestal .Pole Assemblies TS-927 (Item 927) Traffic Signals TEED TS-1195 (Item 1195) Batters Back-up System for Signal Cabinets TS-4003 (Item 4003) Screw-In Type Anchor Foundations Page 3 of 4 TS-5261 (Item 5261) Geogrid Base Reinforcement TS-6007 (Item 6007) Removing Traffic Signals TS=6041 (Item 6041) Internally Lighted Street Name Sign Assemblies TS-6834 (Item 6834) Portable Changeable Message Sign TS-8000 (Item 8000) Radar Vehicle Detection System TS-8703 (Item 8703) Accessible Pedestrian Signal Units TS-9000 (Item 9000) Pan-Tilt-Zoom CCTV Camera TS-020010 Mobilization TS-025223 Crushed Limestone Flexible Base TS-025620 Portland Cement Concrete Pavement TS-02BD61 Transplant Palm Tree TS-011650 Storm Water Pollution Prevention Plan TS-32 84 00 Irrigation TS-32 90 00 Planting TS-32 91 13 Planting Soils APPENDIX I — GEOTECHNICAL INVESTIGATION REPORT NOTICE AGREEMENT (Revised 612010) PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND (Revised 512011) PAYMENT BOND (Revised 512011) Page 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for; ayfront Development Plata, Phase 3 (BOND 2008), Shoreline Blvd, Realignment, PROJECT NO. 6511; Consisting of construction of approximately 5,000 linear feet of Arterial Roadway, including approximately 7,000 square yards of new sidewalks and 36 new ADA curb ramps, 2,200 linear feet of various sized new water lines, 1100 linear feet of various sized new wastewater lines, 2,100 linear feet of various sized storm water lines with new manholes and inlets, street signage, pavement markings and traffic signal systems; Pavement includes approximately 11,000 square yards of new asphaltic concrete pavement, 25,000 square yards of asphalt planing and overlay, 1,300 square yards of reinforced concrete pavement, and 8,400 linear foot of concrete curb and gutter; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. will be received at the office of the City Secretary until 2:00 P.M. on June 19, 2013, and then publicly opened and readm Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 A.M-j on June 12, 2013 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Mall, 1201 Leopard Street, Corpus Christi, TX, A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bored will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder®s plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of One-Hundred and no/100 Dollars ($100.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a nowt-refundable postage/handling charge The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer, " "workman," or "mechanic" employed on this project The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Daniel Files, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 { NO ICE TO CONTRACTORS A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A, Certificate of Insurance indicating proof Of coverage in the following amounts is required® TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required Bodily Injury and Property Damage on all certificates PER OCCURRENCE l AGGREGATE Commercial General Liability including; $2,000,000 COMBINED SINGLE LIMIT 1, Commercial Form 2. Premises - Operations 3e Explosion and Collapse Hazard 4. Underground Hazard 5m Products/ Completed Operations Hazard 6, Contractual Liability 7. Broad Form Property Damage ® Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1, 000,000 COMBINED SINGLE LIMIT OR RENTER 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 POLL€JTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental REQUIRED discharges to include long-term environmental impact for the disposal NOT REQUIRED of contaminants BUILDERS' RISE. See Section B-6-11 and Supplemental Insurance Requirements LJ REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements LJ REQUIRED NOT REQUIRED Notice to Contractor's Page 1 of ,-!The City of Corpus Christi must be named as an additional insured on all coverages except worker®s compensation liability coverage. i"The name of the project must be listed under "description of operations" on each certificate of insurance, '1.-.-'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 8803500, Notice to Contractor's A Page 2 of 2 Y' u NOTICE TO CONTRACTORS B NOTICE TO CONTRACTORS B WORKER" S COMPENSATION INSURANCE REQUIREMENTS Page I of 11 Texas Admim'strative Code TITLE 28, INSURANCE PART2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B 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. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1)Certificate of coverage(certificate)--A copy of a certificate of inswiame, a certificate of authority to self4nsure issued by the commission, or a workers'compensation coverage agreement(TWCC-8 l; CC- 2, CC43,or TW CC-84),showing statutory workers' compensation insurance coverage for the persoWs or entity's employees (including those subject to a coverage agreement)providing services on a project, for the duration of the project. (2)Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers'compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form CC-81, form.TWCC-82, form TWCC-83,or fo CC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensati,on Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G,as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7)Persons providing services on the project("subcontractor" in§406.096 of the Act)--With the exception of persons excluded under subsections(h)and(i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors,subcontractors, leasing companies,motor carriers,owner-operators, employees of any such entity, ore loyees 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 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 governinental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph(7)of this subsection; (2) as part of the contract, using the language required by paragraph(7) of this subsection, require the contractor to perform as required in subsection( ) 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; ( )provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d)A contractor shall'. (1) provide coverage for its employees providing services on a project, for the duration oft e 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 projecty (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 as after receipt by the contractor, a new certificate of coverage showing extension of coverage,,if the coverage period shown on the current certificate of coverage ends during the duration of the project,- (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6)notify the governmental entity in writing by certified mail or personal delivery,within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7)post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Act or other commission rules,This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population.The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A)provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior t o t hat person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection(e)(3) of this section; Page 4 of 11 ( )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 a current certificate of coverage ends during the duration of the projects ( ) 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 projects 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; ( ) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; ( ) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph,with the certificate of coverage to be provided to the person for whom they are providing services. (e)A person providing services on a project,other than a contractor, shall: (1)provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing is 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." ( ) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: ( ) a certificate of coverage,prior to the other person beginning work on a project; and ( ) 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 I 1 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7)notify the governmental entity in writing by certificd 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 coverages owin 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 mi writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H)contractually require each person with who it contracts,to perform as required by this subparagraph and subparagraphs (A)-(G) oft `s paragraph, with the certificate of coverage to be provided to the person for who 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 govenuriental entity on or after September 1, 1994,This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994,which are not required by law to be advertised for bid. Page 6 of 11 ( )The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §46). (i)The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §40 .097(c), and who are explicitly excluded from coverage in accordance with the Act, §40 .097(a)(as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors,partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.110 adopted to be effective September 1, 1994, 19 Tex Reg 5715; amended to be effective November 6, 1995,20 TexReg 8609 Page 7 of 11 T28S 11 .11 O(d)(7) "REQ UIRED WORKERS'COMPENSA TION CO VERA GE "The law requires that each person working on this site or providing set-vices related to this constniction project must be covered by workers'compensation insurance. 27tis inchides 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 at? employee. "Call the Texas Workers'Compensation Commission at 5.12-440-3789 to receive information on the legal requirement fear coverage, to verify whether your employer has provided the required coverage® or to report an employer'sfailitre to provide coverage. Page 8 of 11 _ T28S l l 0.l 10(c)(7) Article over s'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 CC-81, CC- 82, T CC- 3, or TWCC-84), showing stahrtoty 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 file time from the beginning of the work on the project until the contractor's1 erson's work oil 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 petfot ing 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 inchtdes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or°employees of any entity which fits fishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or°delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such asfood1beverage vendors, oJfice 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 401.01](44)for all employees of the contractor providing services f oil the project,for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. Ybe contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown oil the current certificate of coverage ends during the duration of the project. Page 9 of I I F. to contractor shall retain all required certificates of coverage for°the duration of the project card for one year thereafter. G. to contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage ofany person providing services on the project. H. Yhe contractor,shall post on each project site a notice, in the text,for in and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services oil the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide se ices 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 4010011(44)for all of its employees providing services oil 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 covet-age is being prodded for all employees of the person providing services on the project,for the duration of the projects- (3)provide the contractor,prior to the end o the coverage period, a new certificate of coverage )f showing extension of coverage, if the covet-age 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 oil the project;and (b) art 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 onfilefor the duration of theproyect and for•one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services oil the project:and (7) contractually require each person with whom it contra a-ts, to perform as required by paragraphs(1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of covet-age, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based oil proper reporting of classification codes curd payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se insured, with the commission's Division qfSetr- Page 1 0 of 1 I Insurance Regulation. .Provi i false or misleading information may subject the contractor to dninistrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failttre to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach fr°om the governmental entity. Page 11 of 11 P"A R"FAA SPECIAL PROVISIONS ayfront Development Plan, Phase 3 (Bond 2009) Shoreline Blvd. Realignment SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receivin Pr�posalgJPre��id t9eetixt 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 Full, _. 1201 Leopard Street, until 2a0a p° °� Yte eday, 19, 29}13® Proposals mailed should be addressed in the following manner City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 7 8401 ATTN: PROPOSAL-Rayfront Development Plan, Phase 3 (Bond 2000) Shoreline Blvd. Realignment Project Nom 6511 Any proposal not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non--responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office® Delivery of any proposal by the proposer, their agent/representative, US Mail® or other delivery service to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid sheeting will be held on Wednesday, June 12, 2013, beginning at 10:00 A.M. The sheeting will convene at the Engineering Services Main Conference Room, Third Floor, City full, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted by the City ®2 Definitions and Abbreviations ,Section 0-1 of the General provisions will govern -3 9�essori tiort of pro°sot Rayfront Development Plan, Phase 3 (BOND 2008) , Shoreline Blvd. Realignment, PROJECT NO. 6511 Consisting of construction of approximately 5,000 linear .feet of Arterial Roadway, including approximately 7,000 square yards of new sidewalks and 3 new ADA curb ramps, 2,200 linear feet of various sized new water lines, 1100 linear feet of various sued new wastewater lines, 2® 100 linear feet of various sized storm water lines with new manholes and inlets, street signage, pavement markings and traffic signal systems; Pavement includes approximately 11,000 square yards of new asphaltic concrete pavement, 25,000 square yards of asphalt planing and overlay, 1,300 square yards of reinforced concrete pavement, and 9,400 linear foot of concrete curb and gutter, including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. Section A - SP (Revised 12/15/04) Page 1 of 24 A-4 Method of Award The bids will be evaluated based on the Total Base Bid. 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 HitLiEMEa11 The following items are require to be submitted with the proposal: 1. 5% Bid Bond (Must reference Bayfront Shgreline Blvd, Realignment, PROJECT NO-_-�-13-- as identified in the Proposal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2, Disclosure of Interests Statement A-6 Time of CoMletion/LLcEidated D The working time for completion of the Project will be 400 calendar 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, $1000 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 the amount of liquidated damages due the City. A-7 Workers C Insurance S2Merage 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 an the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such Section A - SP (Revised 12115/04) Page 2 of 24 individuals working can 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. -B Faxed Proposals Proposals fasted directly to the City will be considered nor.-responsive. Proposals meet contain original signatures and guaranty and be submitted in accordance with Section Bm2 of the General Provisions. A-9 AcknowledgTent 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 47age tee {Revised 7/5/00} Labor preference and wade rates for HIGHWAY CONSTRUCTION AND HEAVY CONSTRUCTION. Ire case of conflict, Contractor shall use higher usage rate. Minimum Prev `ling Wage Scales The Corpus Christi City Council has determined the general prevailing 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, r n, and mechanics employed by them in the execution of the Contract. The Contractor or suboontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor st keep an accurate record .showing the names and classifications of all laborers, r n, and mechanics employed by them in connection with the Project and showing the actual wages paid to each rker. The Contractor will make bi-weekly certified payroll suhmittals to the city Engineer. The Contractor will also obtain dies of such tifi payrolls from all subcontractors 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 r it is concerning the proper form and content of the payroll submittals.) -3 One and one-half (1 ) times the specified hourly gage mst be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays, (See Section B-1-1, Definition of Terms, and tion -7-6, Working Hours.) 11 Cooparaticn with Pub1ic _ (Revised 7/5/00) The Contractor skull cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor skull provide a forty-eight (40) hour notice to any applicable ag cy when work is anticipated to proceed in the vicinity of any facility by using Texas 911 at 811 and the Lone Star Notification Company at 1-800-669®9344. For the retractor's convenience, the following telephone numbers are list City Engineer 626®3500 Project ®S Saldiv 361-696.3325 E1 Engineering, Inc Traffic Engineering 626-3540 Police Department 802-2600 Section A - SP (Revised 12115/04) Page 3 of 24 Water Department 826-1881 (826-1888 after hours) Wastewater Departmint 826-1800 (826-1818 after hours) Gas Department 885-6900 (885-6913 after hours) to at Department 826-1875 (826-3140 after hours) Parks & Recreation Department 826-3461 Streets & Solid Waste Services 826-1940 AEP 1=877=373-4858 SBC/AT&T 681-2511 (l-,800•824-4424 after hours) City Street Div. for Traffic Signal/Fiber Optic Locate 826-1946 826-3547 Cablevision 857-5000 (857-5060 after hours) ACSI (Fiber Optic) 887-9200 (Pager 800-724--3624) K�C (Fiber Optic) 813-1124 (Pager 886=204=1679) ChoiceCom (Fiber Cptic) 881-5767 (Pager 850-2981) CAPROCK (Fiber Optic) 512-935-0958 (Mobile) Brooks Fiber Optic (MAN) 972-753-4355 Regional Transportation Authority 289-2712 Port of Corpus Christi Authority Eng. 855-6153 TxDOT Area Office 808-2384 Corpus Christi ISD 886-9005 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. if the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.) , flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause Section A - SP (Revised 12115104) Page 4 of 24 minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department All costs for traffic control will be paid for as shown in the fold proposal.a A traffic control plan is included in the construction drawings. The governing traffic control plan shall be that which is .included in the project construction drawings. If the contractor wishes to alter the traffic control playas the Contractor must submit a traffic control plan which has been sealed by a licensed engineer for city approval prior to construction. Any elimination of existing pavement markings and markings and markers .shall be included in the price for "TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION". ON" No additio�aal pa}�c�e�at to the contractor witZ � made for and asfs�iticr7al sigrss or construction. -14 Construction ip�sxit Hpi]]a skin The Contractor shall keep the adjoining streets free of traced 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 lime must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system° No visible material that could be washed into stomas suer is allowed to remain on the Project site or adjoining streets A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All 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 p°Street Excavation"; therefore, no direct payment will be made to contractor. A-16 D i sp l J Alva t erials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the contractor and must be removed from the site by the Contractor. The coast of all hauling is section A - SP (Revised 12/15/09) Page 5 of 24 considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site, The field office must contain at least 120 square feet of useable space. The field office must be air-conditioned and heated and must be furnished with an inclined table that measures at least 30" x 6011 and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24-hour per day answering service) and FAX machine paid for by the Contractor. Field Office must b3e Windstorm certified. There is no separate pay item for the field office or related permits and fees, including Windstorm. ®1 Schedule and,SegMence of Construction The Contractor shall submit to the City Engineer a work plan based only on CAIZMAR days, This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting., The plan must indicate the schedule of the following work items: 1. Initial Schedule- Submit to the City Engineer three (3) days prior to the Pre-Construction meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week, 3. Submittal Dates- Indicate submittal dates required for all submittals. 4. Re-Submission; Revise and resubmit as required by the City Engineer. 5, Pe _-,_r_ -qp ate Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. A-19 Construction Project LaX out and Control The drawings may depict but not necessary include- lines, slopes, grades, sections, measurements, bench marks, baselines, etc that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer; The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the Section A = SP (Revised 12/15/04) Page 6 of 24 opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work® The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plants and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (RaPsL®S,) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P>L> m shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits Following is the minimum schedule of documentation required: Streets: + All garb returns at point of tangency/point of circumference a Curb and gutter flow line - both sides of street on a 2001 intervals a Street crowns on a 2001 interval and at all intersections Wastewater a All rim invert elevations at manholes; a All intersecting lines in manholes; ® casing elevations (top of pipe and flaw line) (TXDOT and RR permits) Water: e All top of valves box; e valves vaults rim; e Casing elevations (top of pipe and flow line) (TXDOT and RR permits) Stormwater: a All riot/invert elevations at manholes; All intersecting litres in manholes; a Casing elevations (top of pipe and flow line) (TXDOT and RR permits) , _ A-20 Testing and Certification All tests required under this item must be dame 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 clone over after corrective measures have been taken, and the coat of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor rust provide all applicable certifications to the City Engineer. A-21 P��j ct ign� The Contractor gust install 2 Project signs furnished by the City as indicated on the following drawings (Attachment Ie `EGT- GN 9 0 °') The signs Must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. Section A - SP (Revised 12/15/09) Page 7 of 24 ® Minority/Minority Business Enterprise ParticipatioMn Policy (Revised 10/98) 1. Po ?Rii-qy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise, 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b« Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority, Business Enterprise. A business enterprise that is owned and controlled by one or more minority person(s) . Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders, For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1Y Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person, (b) For an enterprise doing business as a partnership, at least 5180% of the assets or interest in the partnership property must be owned by one or more minority person(s) . (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s) , 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s) . 3. Share in_Pa yM_ 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, Section A - SP (Revised 12/15/04) Page 8 of 24 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. dm see definition under Minority Business Enterprise. e„ Female {awned Business EnttL rise® A sale proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women, fm Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture, For example, a joint venture which is to perform 50.0 of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 2580% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Coals ae The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's E aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (percent) Participation (Percent) 4 15 b, These goals are applicable to all the construction work (regardless of federal participations) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited 4, Compliance am Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. be The Contractor shall stake 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 Section A - 9P (Revised 12/15/44) Page 9 of 24 submit bi-weekly payrolls in a timely fashion or to submit overall participation .information as required. A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General provisions is changed to read as follows "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City: All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 ) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the board amount that exceeds ten percent (10%) of the Surety company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas, The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident. of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100, 000 the bond Must be executes) by a Surety company that is certified by the united States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." 9 _ FaMa I ea .',' Section A SF (Revised 12/15/04) Page 10 of 24 'Es "he te the A-26 Supplemental Insurance ReMjjEMents 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 chan e to; 1m Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2m Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notices 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor ,sign the Contract documents® Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B®6®11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating Section A ® SP (Revised 12/15/04) Page 11 of 24 Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. eeverage fer "he teLtm ef: the MA;--A4,e40- A�28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning- 1, Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien if any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. 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: Section A T SP (Revised 12/15/04) Page 12 of 24 la 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 mint include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2m Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the Citya Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor®s field administration staff, and any subsequent substitutions or replacements thereto, mint be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the project. Such written of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prig to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B®7®13. A-30 Amended "Consideration of Contract° e i nt Under "General provisions and Requirements for Municipal Construction Contracts" Section B®3®1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: lm A list of the major components of the wore 2m A list of the products to be incorporated into the Project; 3m A schedule of values which specifies estimates of the cost for each major component of the work; 9. A schedule of anticipated monthly payments for the Project duration, 5® The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein® Similar substantiation ._ will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible, 6m 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 Section A - 5P (Revised 12/15/04) Page 13 of 24 Contractor has not completed his evaluation of which subcontractor will perform the work, The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitatte or replacement subcontractor prior to its participation in the Project., Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7, A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8 Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff, 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of in authorized to execute contracts on behalf of said entity. A3 1 Amended P013 cX_M Ext a Work and P Orders Under "General Provisions and Requirements for Municipal Construction Contracts"' B-8-5 Policy on Extra Work and Ch 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 AaerAdbd "Exacutionof Contract" is Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following, The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A 3 Candi-tions of Work Section A SP (Revised 12/15/04) Page 14 of 24 Each bidder rest 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 Pr id MeetLnA referxed to re A-1. A® 9 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 Projects second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be givers 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, S'TM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable) , construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. =or r.d 6 �- • B. gc a of Gi��—®a®ae�� operate teE of ether autheff" the C---'ty Water Department. G. Wma.— The C-1 Yee t nd shall e PepaEtmenl Is and ------ � transpertation, r on, all Section A - 0 (Revised 12/15/04) Page 15 of 24 sould-sess into _ r wear- eelroeed- . n ®. m set.m...,.on. — yes per- GantiFaeter, Ul"I" Nook _ _. — _ � s,,. , a ? fi Amy. eystem must he 9 . „� - m „.. � "a— a i` u ' Win s�"" - --- --- C mgr ,:. , '-- R £ aw wwq,m&wad- _ �. Section A SP (Revised 12!15/04) Page 16 of 24 ;3. lie has been aetliveiy here- empleys Sy s A S en this ed s Plan will be used in stibeentra- 9. The Ge traefe ha ll 1 6°lleel eut, pregranma-ftq requ'red, te aelel these twe syslems 1-9 1 SCA- the req____ -Gi Eili In b....8 .�a.., a-o. s-7..,.. �^ a.o. .-. .....e..e...- ,a a 4. 4 V 9 ®,e�$ •.a .-n. the pregraffim.1fig phase. The atta hew all eE the req -de used. All a s- Plant shall be per �a�ap X35 � a vse A-36 Other Submittals 1m Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity® Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles® In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop ,. drawings. C. Submittal Transmittal Forms® Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail numbers) , 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, Section A ® SP (Revised 12/15/04) Page 17 of 4 verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. ea Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers® standard data to provide information unique to this Project. 9. Variations— Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals. Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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 . 2i Samples+ The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection, 3. Test and Rep Re When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related egus,pment related will not be approved for use on the project, A-37 Amended 118EE�!p�ement and for�Wate�rru=,�dshed �y the 21t3f Under "General Provisions and Requirements for Municipal Construction Contracts", B- 6-15 Arrangement and Charge for Water Furnished P7 City, add the following- "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a c(,.)py 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 C22EEnalLi27Y_2ov 9a for BuilAin or Construction Project for Government Entities The requirements of "Notice to Contractors 'B " are incorporated by reference in this Special Provision. Section A - (Revised 12115104) Page 19 of 24 A-40 Amen ent to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section -8-6® Partial Estimates is amended to provide that approximate estimates from which Partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been Paid for the Materials delivered to the Project worksitem -41 ozone Ad i soEX Priming, hot-mix paving, operations must not be conducted on days for which an ozone advisory has been issued, except for repairs, The City Engineer will notify Contractor about ozone alert. If a delay such as this is experienced, the day will not be counted as a work day and the contractor will be compensated at the unit price indicated in the proposal, A-42 OSHA Rules L.Reylations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts' H-6-21 Indemnification & Hold Harmless, tent is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify/ the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work dome under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. ®44 CtSp Orders Should a change order(s) be required by the engineer, contractor shall furnish the engineer a complete breakdown as to all }prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) . This breakdown information shall be submitted by contractor as a basis for the price of the change order. Section A - 9P (Revised 12/15/04) Page 19 of 24 A-45 As-Built Dimensions and {715/00) (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 Shaw as-built dimensions and locations of all work constructed., As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes® (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A-46 Disposal Highly Chlorinated water (7/5/0(1) The Contractor shall be responsible for the disposal of water used for testing® disinfection and line flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TNRCC, 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 City4's sanitary sewer system for disposal of contaminated water. A-47 Fre�Constructj2n_f2!212 rater X _EKSSXatLijcMnRs (7/5/00) Prior to any construction whatever on the project; Contractor shall excavate and expose all existing pipelines of the project that cross within 20-feet of proposed pipelines of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10' ) of proposed pipelines of the project, Contractor shall excavate and expose said existing pipelines at a maximum of 300-feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyedo 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. Section A - SP (Revised 12/15/04) Page 20 of 24 The Contractor small also reference the utility plan sheets and storm water plan sheets for conflicts with existing utilities which are identified as "Contractor to Verify Actual depth". Exploratory excavations shall be paid for on a lump sum basis. Any pavement repair associated with exploratory excavations shall be paid for according to the established until price of pavement patching. Contractor shall provide all his own survey work effort (no separate pay) for exploratory excavations. A-AS Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc,, to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not® It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not A-44 Amended "Maintenance Guaranty® (8/24/00) Under General Provisions and Requirements for Municipal Construction Contracts", S®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 reduces 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® 0 Amended Prosecution and congress Under "General Provisions and Requirements for Municipal Construction Contracts", R-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 remobilizati.on at a later date, the Contractor may request payment for demobiliz,atiorn/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Storm mater Pollution Prevention Plan This Project is required to have a Notice of Intent (NCI) submitted as per Part II,O of the TPES General Permit Nom TxR150000a The Contractor will be required to submit a NCI along with the appropriate fee, and complete a Construction Site notice for this Project® The Contractor is required to provide copies of the NGI and Construction Site Notice to the City prior to the preconstruction meeting, The Contractor is Section A ® SP (Revised 12/15/04) Page 21 of 24 also required to post a signed copy of the N01 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 requirement of the Storm Water Pollution Prevention Plan as per the drawings and specifications contained in the Contract Documents, A-52 De-Wate This item is considered subsidiary for all dewatering methods other than d9well pointing" to the appropriate bid items as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and pending is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the (Corpus Christi Bay) . Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City, at the City's expense, a minimum of once a week. Contractor shall coordinate with the City on all testing. Tests will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would include pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the Engineer on a case by case basis® Prior to Pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Tilo Schmidt, Wastewater Pre-treatment Coordinator at 826-1B17 (or Danielle Converse at 826-4034) to obtain a "no cost" permit from the Waste Water Dept. City will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. Bid item allowances D-14, E-21, and F-10 have been included in the proposal for de-watering by "well pointing". This item may not be needed but is provided in case "well pointing" is the only feasible method to successfully de-water the project site to proceed with project construction. These items section A - SP (Revised 12/15/04) Page 22 of 24 include all materials, tools, equipment, labor, and incidentals necessary to de--water by "well painting" as agreed to by the Engineer. 53 D Contaminated Groundwater bid item allowance A-12 has been included in the Proposal for the unanticipated disposal of contaminated groundwater. This item may not be needed but is provided in case contaminated ground water is encountered during the course of construction and does not meet the water quality requirements for discharge into the storm water or wastewater systems. This item includes all materials, tools, equipment, labor, transportation, hauling, coordination, and proper disposal of the contaminated water at an approved landfill, deep water injection well, or ether site as agreed to by . , the Engineer. Suggested dispersal facilities would be US Ecology (USET) in Robstown, Texas or Texas Molecular in Corpus Christi, Texas. The payment for this work will be based on the Contractor's actual costs and will be negotiated. payment will not include costs associated with dewatering which is paid for under bid items D-14, E-21, and F°-10 A-54 Allowances Clause The lump sutra bits items p-12, E-22, F-11, and C®3 described as "Utility Allowance' have been set as noted and shall be included in the Total Ease Bid for each Bidder. This allowance may be used at the Engineer's discretion should an unanticipated adjustment of a utility or here-to-force unknown structure or similar situation warrant the use of the allowance funds. The Engineer may also deem repairs to existing infrastructure damaged !� the Contractor usin sound construction methods to install the proposed utilities a warranted use of the allowance .funds® Should the use of funds from the "Utility Allowance" became necessary, the Engineer will provide written authorization at a cost negotiated between the City and the Contractor There is no guarantee that any of these funds will need to be used throughout the course of the work A-55 Construction Exits Construction Exits shall be used by the Contractor to minimize the tracking and transfer of large clay soil deposits by construction equipment onto City streets® A minimum of 2 construction exits shall be constructed by the Contractor at locations agreed upon by the City Engineer. The construction exits shall by Type 1 at a minimum length of 25 foot . It is the Contractor's responsibility to maintain the construction exits to ensure they do not become soiled preventing them from operating as their intended purpose. Construction exits shall be removed, replaced, and relocated at the direction of the City. All equipment, material, and labor associated with the construction exits shall be paid by the square yard of complete-in-place construction exit. Refer to construction exit standard detail for additional information Section A - SP (Revised 12/15/04) Page 23 of 24 A,56 Stamped Concrete Where called for in the plans, bid item B-80 Stamped concrete shall meet the following requirements: * All stamped concrete shall be acid stained with the color Redwood (PS- 490) by Dura-Stain or approved equal. Samples of stamped and stained concrete shall be provided to the City Engineer for approval 4 weeks prior to placement of stamped concrete for the project. * Basket Weave Used Brick Decorative Stamp shall conform to Calico Construction Products stamp style BK300 or an approved equal. * Soldier Course Stamp shall conform to Calico Construction Products New Brick Stamp BT600 or an approved equal.. Stamped concrete shall be measured by the square yard. Payment for stamped concrete shall include all materials, equipment, labor, and incidentals to stamp, stain, and seal the concrete,, Stamped and stained samples provided by the Contractor is subsidiary to bid item B-80. Section A SP (Revimed 12/15/04) Page 24 of 24 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of AUGUST , 2013, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, to of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and g2Lry Conl:..r.a.....q ting, LF1 dba l3gy, Ltd. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of 16,552,042.05 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: BAYFRONT DEVELOPMENT PLAN PHASE 3 BOND 08 SHORELINE REALIGNMENT PROJECT NO. 6511 (TOTAL BASE BID: $6,552,042.05) according to the attached Plans and Specifications in a good and workmanlike manner fort 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 is constitute the contract fort is project and are made a part hereof. Page 1 of 3 Rev, Jun-2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B-6-11 and Special Provision A-26 of the General and Special Provisions Requirements for Municipal Construction Contracts of the City Corpus Christi, Texas. The Contractor will commence ork within t (1 calendar days from to they receive written work order and will complete same within 400 CALENDAR DAYS after construction is urn. Should Contractor default, Contractor may be liable for liquidated damago n set forth in the onr ct Documents. City will pay Contractor in current funds for performance of the contract in accordance i the o r c Documents as the or k progresses. Signed in 4 parts at Corpus Christi, Texas on the o shown above, Page 2 of 3 Rev, Jun-2010 ATTEST: CITY aOF CORPUS , RISTI By: City retary U Mark Nlan Vleck Interim Asst. City Manager Public Works, tllities® and Transportation APPROV .- AS T7, LEGAL FORM: Asst. Ci o ney Daniel Biles, P-E. Director of Engineering Services CONTRACTOR ATTEST: (if Corporation) Ber[y Contracting. LP dba l3gy, Ltd. By: (Seal Below) Title: P'g (Note: If Person signing for corporation is not President, P.O. Box 9908 attach copy of authorization (Address) to sign) risti TX 78469 (City) (State) (ZIP) 3611299-3721 361/289-2304 (Phone) (Fax) A' I MuL By CWhVIL SEMMRY Page 3 of 3 Rev- Jun-2010 as F 0 BAYFRONT DEVELOPMENT PLAN, PHASE 3 (BOND 2008) SHORELINE BLVD. REALIGNMENT PROJECT NO. 6511 m, DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal rorm Page I of 2n ADDENDUM . 2 ATTACHMENT P R 0 P 0 S A L Place: Date: 15 Proposal of a Corporation organized and existing under the laws of the State of OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for BAYFRONT DEVELOPMENT PLAN, PHASE 3 (BOND 2008) SHORELINE BLVD. REALIGNMENT PROJECT NO. 6511 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, t wit: ADDENDUM NO.2 Proposal Fonn ATTACHMENT 6 Page 2 of 24 f: ! I! III IV / 1 ITEM E RI ITEM IT DESCRIPTION FIGURES I E5 X /P I A-1 1 LS OBILIZATI N/DEMOBILIZATION(BASE BID) 560,450,00 560,450.00 A-2 2 LS MOBILIZATION/DEMOBILIZATION TRAFFIC SIGNAL $ 23,300.00 $ 46,600,00 A- 1 LSy PORTABLE CHANGEABLE MESSAGE SIGN(2 SIGNS 1- WEEK PER USE) 36,3(}0®0 36,300D0 A-4 1 LS TEMPORARY T AFFIC CONTROLS DURING CONSTRUCTION 7I1,1} 0.0Q $ 78,QOO.OtI A- 9,176 SY SEEDING $ 1.35 16,97S.60 A-6 312 SY CONSTRUCTION EXITS(INSTALL,TYPE 125®3{248 $ _ 40.00 $ 12,480.00 EACH) A-7 312 SY CONSTRUCTION EXITS(REMOVE) 13,50 4,212.00 A-8 739 LF SILT FENCE $ 8.30 $ 6,133.70 A-9 15 EA BALED HAY 30.00 450,00 A-10 3S8 LF EROSION CONTROL L 1100 $ 4,654,00 A-11 4 EA SURVEY MONUMENT 1,700.00 61300.00 CONTAMINATED GROUNDWATER DISPOSAL A-12 1 LS ALLOWANCE $ 11,300.00 $ 11,300.00 A-13 5 Eft OZONE ADVISORY DAY $ 150.00 $ 750.00 A-14 1 LS PRE-CONSTRUCTION EXPLORATORY EXCAVATIONS 50,000.00 5{3,(100,{}0 R I` SUBTOTAL PART A(A-1 thru A-14) $ 835,105.30 II III IV I V I ITEM QTY UNIT /P I I ITEM E DESCRIPTION Ll ( K /P IN FIGURES u FIB ES) Ei 1 36 A PREPARE ROW(TREE 12"-24"DIAMETER 760.00 27, ANP NT) 360.00 8-2 730 SY SITE GRADING 5.90 $ 4,307.00 I3-3 3 EA REMOVE INTERSECTION T FFIC SIGNALS 1,500.00 4,500,00 6-4 190 SY CONCRETE DRIVEWAY(TYPE C}(6"THICK) .00 $ 10,640>00 ADDENDUM O.2 1 of 10 ATTACHMENTS ALL) NUM SIGN'(TYPE A)(WEDGE ANCHOR STEEL I ry 5 M M UM U Y LUMINUM SIGNS(TYPE A)(WEDGE ANCHOR STEEL SYS 8-5 54 EA S $ 23.00 1,242.00 SYSTEM) B-6 7 EA ALUMINUM SIGNS(TYPE B)(WEDGE ANCHOR STEEL YS M) $ 51.00 $ 357.00 SYSTEM) B-7 6 EA ALUMINUM SIGNS(TYPE A)(TRIANGULAR SLIP BASE) $ 57.00 $ 342.00 B-8 30 EA ALUMINUM SIGNS(TYPE B)(TRIANGULAR SLIP BASE) $ 57.OD $ 1,710-ODI B-9 10 EA ALUMINUM SIGNS{TYPE Q(TRIANGULAR SLIP BASE) $ 57.00 $ 570.00 B-10 2 EA ALUMINUM SIGNS(TYPED)(TRIANGULAR SLIP BASE) $ 110.00 220.0 D B-11 5 EA ALUMINUM SIGNS(RELOCATE) $ 170.00 $ 850000 B-12 38 EA ALUMINUM SIGNS(REMOVE SIGN ASSEMBLY) $ 110.00 $ 4,180-OD B•13 7 EA ALUMINUM SIGNS(REMOVE SIGN ONLY) $ 110.00 $ 770.00 B-14 2 EA INSTALL OBJECT MARKER ASSEMBLY(CB 4-2)(FLX) $ SURFACE S2.00 $ 102-OD INSTALL ROADSIDE FLASHIGN BEACON ASSEMBLY B-15 EA (SOLAR POWERED) $ 7,100.00 $ 78100.00 0-16 1,920 LF REFLECTORIZED PAVEMENT MARKING (TYPE 1, --——WHITE,4",BROKEN,90 MIL) $ 0.50 $ 960.00 B-17 1,138 LF REFLECTORIZED PAVEMENT MARKING(TYPE 1, $ O. $ 569.00 WHITE,4",DOT,90 MIL) B-18 11,269 LF REFLECTORIZED PAVEMENT MARKING(TYPE 1, WHITE,4",SOLID,90 MIL) $ 0.50 $ 5,634.50 B-19 30 LF REFLECTORIZED PAVEMENT MARKING(TYPE 1, WHITE,8",DOT,90 MIL) 1.70 $ 51.00 B-20 1,767 LF REFLECTORIZED PAVEMENT MARKING(TYPE 1, WHITE,B",SOLID,90 MIL) 1,40 $ 2,473.80 B-21 18093 LF REFLECTORIZED PAVEMENT MARKING(TYPE 1® WHITE,12',SOLID,90 MIL) $ 3.40 $ 3,71620 B-22 576 LF REFLECTORIZED PAVEMENT MARKING(TYPE I,--- WHITE,24",SOLID,90 MIL) $ 6.80 $ 3,916-8D B-23 9,165 LF REFLECTORIZED PAVEMENT MARKING (TYPE 1, YELLOW,4",SOLID,90 MIL) $ 0.50 $ 4,582.50 B-24 155 LF REFLECTORIZED PAVEMENT MARKING (TYPE 1,YELLOW,24",SOLID,90 MIL) $ 7.10 $ 1,100.50 B-25 13 EA PREFABRICATED PAVEMENT MARKINGS(TYPE C WHITE ARROW) 250.00 $ 3,250.00 PREFABRICATED PAVEMENT MARKINGS(TYPE C B-26 12 EA HITE S L)— 620.00 $ 7,440<00 I' WYMBO 9-27 17 EA PREFABRICATED PAVEMENT MARKINGS(TYPE C, WHITE,WORD) 280.00 $ 4,760.00 B-28 39 EA PREFABRICATED PAVEMENT MARKINGS(TYPE C, —------------------------WHITE,18",YIELD TRIANGLE) s 28.00 $ 1,092-00 B-29 38 EA PREFABRICATED PAVE MENT MA--Rki`NGS(TYPE C, 45.00 $ 1,720�00 w'4rrg zr-" YIELD TRIANGLE) ADDENDUM NO.2 2 of 10 ATTACHMENT 6 B 0 2 EA PREFABRICATED PAVEMENT MARKINGS(TYPE C, 240x00 8 _ BIKE SYMBOL) OD0®00 B-31 2 EA PREFABRI TED PAVE ENT ARKINGS(TYPE C, ____ FATE, BIKE WORD) $ 240.00 480,00 B® 2 4 EA PREFABRICATED PAVEMENT MARKINGS(TYPE C® 310®00 1,240.00 WHITE,ACC RK,BL I H,L /BO D) B-3 296 EA REFLECTORIZED PAVEMENT MARKER(TYPE 1®C) $ 4030 1,272.80 B-34 122 EA REFLECTORIZED PAVEMENT MARKER(TYPE 11-A-A) 4. 524.60 w- REFLECTORIZED PAVEENT MARKER(TRAFFIC B-35 174 EA BUTTON,7Y ) 4.30 $ 748.20 B-36 2 EA TRAFFIC SIGNAL CONTROLLER UNIT 4,300.00 Bs600, 0 B-37 2 EA TRAFFIC SIGNAL CABINET AND ASSEMBLIES 15,000.00 $E30,000.00 148 x LF DRILLED SHAFT(TRAFFIC SIGNAL POLES, -INCH _ I?IA ET ) 300.00 $ 1,200.00 B-39 340 LF CONDUIT(PVC,SCHEDULE 40,2") 12.00 $ 4,080.00 B-40 1,340 LF CONDUIT(PVC,SCHEDULE 40,2"BORE) 20.00 $ 26,800.00 B-41 20 LF CONDUIT(PVC,SCHEDULE 40,4") 14.50 $ 4,640.00 B-42 1,340 LF CONDUIT(PVC,SCHEDULE 40,4"BORE) � 29®00 $ 36,860.00 B-43 40 LF ELECTRICAL CONDUCTOR(II6 BARE) 2.40 96.00 B-44 SO LF ELECTRICAL CONDUCTOR( 6 INSULATED) E �. 2.40 192,00 8-45 3,300 _ LF ELECTRICAL CONDUCTOR(48 BARES $ L45 4,785.00 B-46 1,930 LF ELECTRICAL CONDUCTOR( R INSULATED) $ 1.55 $ 2,991.50 B-47 2,835 LF TRAY CABLE(3 CONDUCTORS,12 AWG) 1e80 5,193000 B-48 10 LF ROUND BOX TYPED WITH APRON Fs 960® 9,600.00 B- 2 EA% ELECTRICAL SERVICE TYPE T 120/240 000(NS)SS(E)T (U) $ 4,200.00 8,400.00 a0Q B-50 2 EA INSTALL HIGHWAY T AFFICSIGNAL(ISOLATED) 4,260.00 $ 5,400.OD B-51_ 16 EA INSTALL 12 INCH VEHICLE SIGNAL SECTION WITH .. �� BACK PLATE(3 SECTION) $ 460.00 7,360000 B®5 480 LF TRAFFIC SIGNAL CABLE(TYPE A, 1 AWG,4 CONDUCTORS) $ 1.95 $ 936.0 B-53 400 LF TRAFFIC SIGNAL CABLE(TYPE A,14 AWG,5 CONDUCTORS) 2.2 890Z I1-54 960 LF TRAFFIC SIGNAL CABLE(TYPE , 1 AWG,1 CONDUCTORS) 30 $ 3,264,0 ADDENDUM NO. 2 3 of 10 ATTACH E T B-55 1 EA INSTALL TRAFFIC SIGNAA POLE ASSEMBLY(STEEL,1 I 7e5eQ•QQ $ 7,500,00 ARM,24,LU INAIRE,ILSN) 8-56 4 EA INSTALL TRAFFIC SIGNAA POLE ASSEMBLY(STEEL, $ 88200.00 $ 32,800,00 ARM,28`8 LU IINAIRE,I N)- 6-57 2 EA INSTALL TRAFFIC SIGN POLE ASSEMBLY(STEEL,1 $ 88700.00 17,400.00 ARIA, 32%LU ! AI E,ILSN) _ -58 1 EA INSTALL TRAFFIC SIGNLA POOLE A5 E RLY(STEEL,1 $ 10,200,00 10,200.00 ARM,3 ,LLl IlNAIRE,ILSN) 6-59 16 EA INSTALL PEDESTRIAN SECTION(16 INCH)WTH LED $ 600.00 $ 9'600.00 COUNTDOWN B-60 R EA PEDESTAL POLE ASSEMBLY $ 2,200.00 17,600.0 8-61 16 EA ACCESSIBLE PEDESTRIAN SIGNAL UNITS 1,500000 24,0100.00 B-62 2 EA ILSN(LED, S) $ 3,OOD.00 $ 6,000,00 B-63 6 EA ILSN(LED, S) $ 3,600.00 $ 21,600.00 0-64 2 EA NEMA TYPE CONTROLLER FOUNDATION 3,000,00 6,00..00 0-65 2 EA RADAR DETECTION PROCESSOR SYSTEM 7,800.00 15,600.00 B-66 3 EA RADAR DETECTION ASSEMBLY $ 5,600.00 6,400.00 8-67 2 EA RADAR DETECTION S€T-UP SYSTEM 780.00 1,560.00 0-68 2,000 LF RADAR DETECTION COMM&POWER CABLE(CAT S-E 4C 1 ED PAIR,24 A G) 4 0 B®400.00 B-69 2 EA PAN-TILT-ZOM CCTV CAMERA(IN PLACE) 10,200.00 $ 20,400,00 B-70 125 LF CCTV CAMERA#18 2C CABLE POWER $ 7.20 $ 900.00 B-71 125 LF CCIV CAMERA COAXIAL CABLE COMMUNICATION $ �. ._7.20 900.00 B-72 16 EA LED TRAFFIC SIGNAL MODULE-VEH SEC(12 IN)LEI] {GRIN) 17m00 2,720.00 B-73 16 EA LED TRAFFIC SIGNAL MODULE-V H SEC(12 IN)LED $ 170.00 $ 2,720.010 B-74 16 EA LED TRAFFIC SIGNAL RULE-VE SEC(12 IN)LED $ 150.00 2,400.00 (RED) B-75 16 EA LED COUNTDOWN PEDESTRIAN SIGNAL MODULE 540.00 8,640.00 B-76 2 EA BATTERY BACK-UP SYSTEM FOR SIGNAL CABINETS $ 10,300.00 $ 201,600.00 B-77 819 LF CONCRETE CURB(TYPE 1) $ 25.00 $ 20,475.00 B-78 333 SY CONCRETE EDIAN 52.00 19,916.00 B-79 82 SY JCONCRETE RIPRAP(5-THICK) 115.00 s 9,430.00 ADDENDUM PNC.2 of 10 ATTACHMENT6 I ' Fe-802,256 SY STAMPED CONCRETE $ 13°00 $ 40,608.00 SUB T TAL PART ( ®1 threr B-80) 6 6, nod I !1 Ili IV V _ /P I 1 ITEM E BI ITEM UNIT ESC EPTII] U/P t /P I FIGURES ---- ----- ----- _— _--- FI UR S C41 3 A CONCRETE CURB A (TYPE 1) $ 1,300.00 3,900.00 C-2 26 EA CONCRETE CURB RAMP(TYPE 2) 1,300.00 $ 33,800.00 C®3 6 EA CONCRETE CURB RAMP(TYPE ) $ 1,300.00 $ 7,300.00 Ca4 13 EA CONCRETE CURB RAMP(TYPE 10) $ 1,300.00 16, 00.0 a C®5 135 SY CONCRETE SIDEWALK(4®WIDE) 47.00 $ 3,695.00 C-6 195 SY CONCRETE SIDEWALK(5-WIDE) 47.00 ,16 .00t C-7 210 SY CONCRETE SIDEWALK( 'WIDE) 47.00 $ 9,370.00 C®3 44 SY CONCRETE SIDE ALK(3-WIDE) $ 47.00 � 2,063,00 Ca9 24 SY CONCRETE SIDE ALK(5-WIDE) $ 53.00 $ 1,272.00 C®10 6,321 SY CONCRETE SIDEWALK(10a WIDE) $ 47.00 320,537.00 C®11 130 LF CONCRETE SIDEWALK CURB(6-WIDE) $ 35.00 $ 4,550.00 SUBTOTAL PART C(C-1 thr C-11) $ 41 ,607.01 1 II Ili 3V V ID ITEM UNIT U/P I 1 ITEM E DESCRIPTION FIGURE (CITY X U/P IN FIGURES) 15°1 2,100 LF TRENCH SAFETY FOR EXCAVATION 3.70 7,770.00 D°2 5 LF REINFORCED CO CREE PIPE(CLASS 111)(13 IN) 250.00 $ 142,000.00 D-3 233 LF REINFORCED CONCR E PIPE(CLASS 111)(24 IN) $ 225.00 �$ 52,425.00 4 380 LF FREINFORCED CONCREE PIPE(CLASS 111)(30 IN) $ 230.00 $ $7,400.00 ADDENDUM NO.2 of 10 ATTAC!I E T 6 D-5 798 LF REINFORCED CONCREE PIPE(CLASS 111)(36 IN) $ 260.00 $ 207,480.00 D-6 14 EA CURB INLET(TYPE QCOMPLETE) $ 3,600.00 $ 50,400.00 D-7 14 EA CURB INLET EXTENSION (TYPE E) $ 1,900.00 26,600.00 D-8 21 EA MANHOLE(TYPE M)(COMPLETE) $ 6,500.00 1368500.00 D-9 8 EA HORIZONTAL INLET(TYPE H WITH LID)(COMPLETE) 3,600.011 $ 0 28,800.0 "OD('0 D-10 8 EA CONCRETE SIDEWALK DRAIN 1,500.00 $ 12,000.00 D-11 8,946 LF CONCRETE CURB AND GUTTER(TY2) $ 17.50 $ 156,555.00 D-12 I LS STORM WATER UTILITY ALLOWANCE f ry R $ 50,001).00 $ 50,000,00 D-13 35 EA ITRENCH SAFETY FOR DRAINA II $ 510.00 #$ 17,850.00 D-14 400 LS ST ATE DE-WATERING)WELL-POINT) $ ALLOWANCE $ 57.00 22,800.00 REINFORCED CONCRETE PIPE(CLASS D-15 68 LF II1)(24&30")(STA5 $ 290.00 $ 19 720.00 SUBTOTAL PART D(D-1 thru 0-15) $ :L,018,300.00 IV V U/P IN BID IT EXT BID ITEM CITY UNIT DESCRIPTION FIGURES (QTY X U/P IN FIGURES)_ E-1 2,013 LF WATER MAIN PIPE(PVC)(IOIN)(AWWA 0900) 130.00 $ 261,690.00 E-2 74 LF WATER MAIN PIPE(PVC)(81N)(AWWA C900) $ 150.00 $ lumoo E-3 46 LF WATER MAIN PIPE(PVC)(61N)(AWWA C900) $ 140.00 $ 6,440.00 E-4 6 EA FURNISH AND INSTALL 12"GATE VALVE ASSEMBLY $ 2,600.00 $ 15,600.00 E-5 2 EA FURNISH AND INSTALL 8"GATE VALVE ASSEMBLY $ 1,400.00 $ 2,600.00 E-6 3 EA FURNISH AND INSTALL 6"GATE VALVE ASSEMBLY $ 980-00 2,940.00 E-7 1 EA 12"5 DEG BEND D.I.M.J. $ 570-00 570.00 E-8 I EA 12"22-1/2 DEG BEND D.I.M.J. $ 540.00 $ 540,00 E-9 16 EA 12"45 DEG BEND D.LMJ. $ 580,00 =$ 9,280.00 ADDENDUM NO.2 6 of 10 ATTACHMENT6 110] E-10 3 EA 12"90 DEG REND D.I.M.J. $ 650.00 1,950.OD E-11 2 EA 12"X 12"X 12"TEE CONNECTION D.I.M.J. $ 950.00 $ 11900.00 E-12 2 EA 12"Xl2"X8"TEE CONNECr ION D.I.M.J. $ 800.00 $ 1,600.00 E-13 2 EA 12"X 12"X 6"TEE CONNECTION D.I.M.J. $ 650.00 $ 1,300.00 E-14 1 EA 8"X 8"X 6"TEE CONNECTION 17.1, a1. 460.00 460.00 E-15 3 EA REMOVE EXISTING FIRE HYDRANT ASSEMBLY $ 4 950.00 $ 2,850.00 E-16 5 EA FURNISH AND INSTALL FIRE HYDRANT $ 4,800,00 $ 24,000.00 E-17 10 EA REMOVE EXISTING VALVE ASSEMBLY 810,00 $ 8,100,00 - —10 E-18 2 EA TAPPING SLEVE CONNECTION TO EXISTING WATER 7,900.00 15,800.00 MAIN E-19 1,690 LF ABAND/FILL EXIST WATER PIPE(6-8") 14.75 $ 24,927.50 E-20 2,320 LF TRENCH SAFETY FOR EXCAVATIONS(WATER LINE) $ 2,90 $ 6,728.00 E-21 740 i LS WATER DE-WATERING(WELL POINT)ALLOWANCE $ 50.00 37,0D0.00 —------------------ E-22 I L5 WATER UTILIT ALLOWANCE $ 60,000.00 $ 60,000.00 E-23 3 EA CONNECTION TO EXISTING WATERLINE $ 1,500.00 $ 4,500.00 WATER MAIN PIPE(PVC)(121N)(AWWA C900)(STA — E-2 77 LF 12+50 TO $ 420.00 $ 32,340.00 SUBTOTAL PART E(E-1 thru E-24) $ 534,415.50 IV V BID IT QTY&UNIT U/P IN BID ITEM EXT DESCRIPTION FIGURES '%QTY X U/P IN F-1 EA 4"SAN SEWER FORCE MAIN 22-1/2 DEG BEND $ 440-00 S 440.00 F-2 2 EA 4"SAN SEWER FORCE MAIN 45 DEG BEND $ 440,00 $ 880.00 F-3 8 EA 4'FIB ERA LASS PEA AN OLD $ 10,600.00 $ 84,800.00 F-4 4 EA IRE OVE 4®SEWER MANHOLE $ 3,900.00 $ 15,600.00 1,300�11 --JABA�ND/�FILLEXIST­­­SAN SEWER P I­­PE(6-8�"') 15�50 $ 20,150.00 F-5 L�F ADDENDUM NO.2 7 of 10 ATTACHMENT 6 F- 1022 LF TRENCH SAFEY FOR EXCAVATIONS(WASTEWATER,5- 10'} $ 5.10 5,212. _._F-7 12 EA TRENCH SAFETY FOR WASTEWATER STRUCTURES 730.00 $ 68760.0 Feb 1,022 LF SANITARY SEWERS 8"(SO 26)(C PL) 200.00 $ 204,400.00 F-9 122 LF SANITARY SEWER FORCE MAIN(PVC)(S0R- 5)(4") 140.00 $ 17,080. F®10 695 LS WASTEWATER OE-WATERING( ILL POINT) $ 52,{I _ 3 ,14 .O ALLOWANCE F-11 1 LS WASTEWATER UTILITY ALLOWANCE µ 60,000,00 60,000.00 SUBTOTAL PART F(F-1 thru F®21) �$ 4538462.20 ! II ill IV V I ! ITEM BID ITEM UNIT ESC I TION , MY X U/P I FIGURES FIGURES) 1 1,125 LF TRENCH SAFETY FOR EXCAVATIONS(GAS 5-1V) $ 5.90 $ 6,637.50 G-2 1,125 LF REMOVE EXISTING 4"PE GAS LINE 120.00 135,000.00 G-3 1 LS GAS UTILITY ALLOWANCE 15,000.00 15,000°00 SUBTOTAL PART G(G-1 thru G®3) 156,637.50 .........., ----------- ........ ----- I II III IV V U/P IN BID ITEM EXT BID ITEM QTY&UNIT DESCRIPTION CI II FIGURES (QTY X U/P I FIGURES) H-1 13,866 SY STREET EXCAVATION $ 34.00 $ 471,444.00 H-2 13,866 SY FLEXIBLE BASE(COMPLETE-IN-PLACE TYPE A,GRADE 1,FINAL POSITION, "LIFT) 12.75 $ 176,791,50 H-3 13,866 SY PRIME COAT(5 ®1) $ 0,65 9,012.90 _ H-4 27,092 SY PLANE ASPH CONC PAV(2") $ 3.50 $ 94,322.00 H-5 148065 SY G OGRID BASE REINFORCEMENT( 1) $ 3.30 46,414.50 H-6 1,108 m m SY CONCRETE PAVEMENT(PARK AVE INTERSECTION, 10 CROSS-WALKS) 110=00=9,418.00 H-7 18108 1 SY PLANE ASH CONC AV(PARK LAVE INTERSE ON,_._ CROSS AL )(4") $ 3,50 ADDENDUM NO.2 of 10 ATTACHMENT 6 F H-9B 765 SY CONCRETE PAVEMENT(SPEED TABLE 6""THICK) $ 81.00 $ 61,965.0 SY HOT-MIX ASPHALT(TYPE B,P -22,4"LIFT) $ 21.00 235,746.00 H-10 11,226 � 5Y HOT-MIX PHALT(TYPED,SAC-B,PG 70-22,2" LIFT) $ 12.00 $ 134,712.00 H-11 27,092 SY HOT-MIX ASPHALT(TYPED,SAC-0, PG 70-22,2" OVERLAY) $ 12.00 $ 325,104<00 ®� SUBTOTAL P. T H(H-1 thru H-1 ) ,687®309.9 I II• iII IV BID ITEM S; rJ IT ' /P I II_ ITEM xT ESC I TI ( X U/ B � FIGURES e._ FIGURES) lm] 131 SY BUS PAD(10°° IC ) $ 120x00 $ 15,720.00 Y SUBTOTAL PART!(1-1) � 15,720.00 IV BID ITEM UNIT DESCRIPTION P IN BIDITEM EXT ( / I FIGURES - y FIGURES) _ J-1 4,020 LF 2"FIBER OPTIC CONDUIT 1025 $ 41,205.00 J-2 18 LF 4"FIBER OPTIC CONDUIT I $ 24,00 $ 432100 J-3 15 EA FIBER OPTIC GROUND BOA 1,500,00 $� 22,500.00 SUBTOTAL PART J(J-1 three J-3 I $ 64,137,00 l Jl rrl IV V 1D ITEM UNIT /P Bi IT EXT DESCRIPTION { P IN FIGURES I ES K-1 2,711 L 2°s FIBER OPTIC CONDUIT 10:25 $ 27,737.75 K-2 15 EA ;FIBER OPTIC GROUND BOX $ 1,500.00 $ 22,500.00 K-3 492 LF 4"FIBER OPTIC CONDUIT $ 24.00 $ 11,803.00 ADDENDUM NO.2 9 of 10 ATTACHMENT 6 SUBTOTAL PART K(K-1 tr K®3) $ 62,095.75 It III IV V I I iTE E I ITEM QTY UNIT RIPT I€3 t�/ My x /P I FIGURES L-1 217 A FILAR STA PALM,WASHINGTON FILIFE A Ft ESQ E i3tj TA 1,800.0o $ 390,600.00 _ � ... Ls2 12,522 EA MEXICAN FEATHER GRASS 11.75 147,133.50 L-3 1 LS IRRIGATION SYSTEM _ $ 92,200.00 $ 812,100,00 SUBTOTAL PART L(L- L 3 thru $ 6.19,933® 0 TOTAL BID AMOUNT:j 6,552, 42.05 Bay Ltd.certifies that the unit pries shovers on this printout for �Itd Items(including any additive or deductive rnat ives}corstalne In this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other Information from this printout. Bay Ltd.acknowledges and _.. agreesthatthe Total Bid Amount shown will be read as its Total Bide and further agrees that the official Total Bid amount will be determined by multiplying the Quantity(Column II)in the Proposal by the corresponding unit Price(Column IVY and there totaling all the extended amounts. �. TUR ... .....�. -.._ Ob TITLE ADDENDUM .2 10 of 10 ATTACHMENT 6 PART L®LANDSCAPE&IRRIGATION 1�lv V BID f F EXTENSION f1I TY UNIT f FI i f (OTY X UNIT PRICE IN i ) L-1 217 EA ILI USTA PALM,WASHINGTONIA FI IF A STA,complete and in place er EAFf L-2 12,522 EA MEXICAN FATHER GRASS,complete and in place per EACH - L-3 1 LS IRRIGATION SYSTEM,complete and in place r LUMP SUM SUBTOTAL L(Lm1 thru L-3) STATEMEMT OF QUALIFICATIONS SPECIAL NOTES TO BIDDERS, 1. Bidder is notified that work for the following bid items may not be required and is NOT authorized until a separate notice to proceed is given by the City for each of the following bid item as required: A°1 2 Contaminated Groundwater Disposal Allowance D-1 2 Slormwaler Utility Allowance E-22 Water Utility Allowance F-11 Wastewater Utility Allowance -3 Gas Utility Allowance There shall be no payment for any work completed on these bid Items prior to the City issuing authorization for that bid item. Also® unit prices prodded in the proposal are forIloanc and the actual payment shall be based on the scope of work agreed upon between the Contractor and the City prior to work authorization of the bid Items in question,. ADDENDUM NO.2 Proposal�� T Page 20 of 34 BID SUMMARY: Part A(!t ems A-I t -1 ): t t5 Part B (It -1 t B-80): Pail C(It -1 thru -11): ` t Part D(I - D-15)-. Part E(!t -1 thru E-24): 4is .yD_ Pan F(It -1 thru -11): ° Part G (I -1 t r G-3): .a 6-5 cl, Part H(Its -1 t -11): tt 2, Part I (!t 1-1): Part J (items -1 t r J-3): 9� Part K (!t -1 t r9a ® ): �i Part L (items L-1 thru L-3): _ 1 o ° Total Base Bid m , O (Total Parts A thru L) E Proposal Te Page 21 of 24 The undersigned hereby declares that he has visited the site and has carefully examined'-the'- reed.t plans, specifications and contract documents relating n to the work covered by his bid or bids, that he agrees to do the work, and that no resentati n the City are in any sense a warranty t are more estimates for the guidance of the Contractor. a: Upon notification of award of contract, we will within ten calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the �i event the contract and bonds are not executed within the time above set ` forth as liquidated damages for the delay and additional work caused thereby Minority/14inority Business Enterprise Participation: The apparent laws bidder shall, within five days of receipt of bids, submit to the City Engineer, in waiting, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents; The contract and all bonds will be prepared in not less than four counterpart (original signed) sets Time of Completion: The undersigned agrees to complete the work .,thin 400 calendar jUs from the date designated by a Work Order . The undersigned further declares that he will provide all necessary gels and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal,, in strict accordance with the contract documents and the r requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : Respectfully submitted Na . Ey° ` � e (BEAD YE BIDDER IS S G URE) a Corporation) Address: error (P.O. Box) (Street) (City) (State) (Zip) Telephone: NOTE' Des not detach hid from other papers. Fs,ai in with info and submit compiete with attached papers. (Revised August 2000) ADDENDUM . 2 fl a1 Farsn Fags 22 or 24 PERFORMANCE BOND STATE OF TEXAS § BOND No. 929532467 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Ber!y Contracting, LP dba Bay, Ltd. of the City of Corpus Christi County of Nueces _, and State of Texas as principal ("Principal"), and CONTINENTAL CASUALTY COMPANY , a solvent company duly authorized under the laws of the State of Texas to act as surety on bonds for principals ("Surety"), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ("City" or "OWNER"), in the penal sum of SIX MILLI VE HUNDRED FIFTY-TWO THOUSAND, FORTY-TWO AND 051`1100 U.S. Dollars (a§,552,042.05 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, in ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Conditions of this on are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH of AUGUST , 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: BAYFRONT DEVELOPMENT PLAN PHASE 3 BOND 08 SHORELINE REALIGNMENT PROJECT NO. 6511 (TOTAL BASE BID: $6,552,042.05) Now therefore, the condition o f t his 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 to of completion and acceptance of improvements by the City(OWNER), tent is 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 tot 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 tote work to be performed thereunder. (Rev, Date May 2011) Performance and 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 11TH dav of SEPTEMBER 2013. PRINCIPAL SURETY BERRY- CONTRACTING, LP CUBA BAY LTD. CONTINENTAL CASUALTY COMPANY By: At�if-in-fact Tit, MARY ELLENMOORE Title: -J, ATTEST: Secretary Address: P.O. BOX 9908 Address: P.O. BOX B-)O CORPUS CHRLSTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 ------ ------ Telephone:-..... Fax: 361-844-0101 E-Mail: mmoore@s7 _q Lns.com (Rev, Date May 2011) Performance Bond Page 2 of 3 Name and address of Resident Agent of Surety in Nueces County, Texas, for delivery of notice and service of process: STEVE ADDKISON Name: Agency: SWANTNER & GORDON I14SURANCE AGENCY LLC Address: 500 N. SHORELINE BLVD. , SUITE 1200 (Physical Street Address) CORPUS CHRISTI, TEXAS 78403 (City) (State) (Zip) Telephone: 361-883-1711 E-Mail: 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 attache d hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 PAYMENT BOND 929532467 STATE OF TEXAS § BOND No. COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That Berry Contracting. LP_dba Bay, Ltd. of the City of Corpus Christi County of Nueces _, and State of Texas as principal ("Principal"), and CONTINENTAL CASUALTY COMPAW a solvent company duly authorized under the laws of the Sta to 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 ubconracors® 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 SIX MILLION, FIVE HUNDRED FIFTY-TWO THOUSAND, FORTY-TWO AND 05/100 U.S. Dollars ($ 6,552 ,042.06 U.S.) to be paid in Nueces County, Texas, for the payment of is sum well and truly to be made, We, said Principal and Surety, in ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH day of AUGUST, 2013 which Agreement is hereby referred to and made a part hereof as fully and t o t he same extent s if copied at length herein, for the construction of- BAYFRONT DEVELOPMENT PLAN PHASE 3 BOND 08 SHORELINE REALIGNMENT PROJECT NO. 6511 (TOTAL BASE BID: $6,552,042.05) Now, therefore, the condition of this obligation is such, that if said Principal shalt well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies tote owing by said Principals for subcontracts, work, labor, equipment, supplies and materials one and furnished for the construction of improvements of said I erwema Agreement, then this obligation shall be and become null and void; oh ise to r in in full force and effect. Surety, for value received, stipulates and agrees that no change tot 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 t o t he terms of the contract, or to the work to be performed thereunder. (Rev. Dale May 2011) Payment on Page 1 of 3 Provided further, that this on 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 day of sEpTEmBEg ............ 2013, PRINCIPAL SURETY BERRY CONTRACTING, LP DBA BAY LTD. CONTINENTAL CASUALTY COMPANY B Attorn afaot MARY ELLEN MOORE Title:- Secretary Address: P.O. BOX 9908 Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78469 CORPUS CHRISTI, TEXAS 78403 Telephone: 361-883-1711 Fax: 3gl-Q4 )101 E-M ail: 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: STEVE AnDKTSON Agency: SW TER & GORDON INSURANCE AGENCY LLC Address: 500 N_ SHORELINE BLVD, SUITE 1200 (Physical Street Address) CORPUS CHRISTI TEXAS 78403 (City) (State) (zip) Telephone: 361-863-1711 E-Mail: saddkison@s-gins.com Note: and all 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 Linder applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment and must not be prior to date of contract. END Rev. Date May 2011 Payment and 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 or Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint R M Lee, Mary Ellen Moore, Steve Add kison, Tami J Duncan, Cathleen Hayles, Danielle Harris, Kerry McIntosh, Individually of Corpus Christi, their true and lawful Attorneys)-in-Pact 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. is 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 Vice President and their corporate seals to be hereto affixed on this 81h day of May,2013. elf Continental Casualty Company National Fire Insurance Company of Hartford %09M ?e"a ;a American Cast Ity Company of Reading, Pennsylvania July 3, SEAL INZ Ar Paul T. Bruflat Vice President State or South Dakota,County of Minnehalia,ss: On this 81h day of May,2013,before me personally came Paul T.Brullat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a 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 he 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 he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. J.MOHR um S WTHW a OM EIAXOTTA My Commission Expires June 23,2015 J.Mohr6' Notary Public CERTIFICATE 1,D.Bull,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 Director-,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--11TU-day of try t�OAS Continental Casualty Company National Fire Insurance Company of Hartford '4WOMR4 American Casualty Company of Reading, Pennsylvania My IL Asa SEAL M=Z D. Btilt Assistant Secretary Form F68534/2012 State of Texas Cialin Notice Endorsement In accordance wfth Section 2253.021( the Texas Government Code and Section s f( to: fa t rights 333 South Wabash Telephone@ (312) 822-5000 YOU MBY a180'wrft to CHA Sur* at P-0- Elcx 10W, HcushA Tom 77251-lose. you nay, wntact the Tom Department Of Insurance to obtain Information on Companies. covemgm YOU MSY 8180 write the Texas D"riment of Insurance: P.O. Box 149104. Austin, Texas 78714-9104, or fax 5112-475-17711. PREMIUM OF CLAiM DISPUTE& Shwid you hwo a d1s" concerning Your premium contact the Tom Department of Insurance. ATTACH THIS NOTICE TO YOUR POILICY: This t t become a part or condition of f r" ffir e p SUPPLIER NUMBER� ..... 70 BE ASSIGNED BY CrrY City of PURCHASING D11,11StoN Corpus Christi CITY OF CORPUS DISCLOSURE OF INTEREST "City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, arnswer with "NA". See reverse side for Filing Requirements,Certifications and definitions. COMPANY L Ind STRICi E T ADDRE SS: CITY: FIRM IS: 1, Corporation 2, Partnership 3, Sale Owner 4. Association El 5, Other 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 Christi having an "ownership interest" constituting 3% or more of the ownership in the above yarned l&fi .11 riiarne Job Title and City Department(if known) VIA 2. State the names of each"official"of the City of Corpus Christi having an "ownership interest"constituting 3 or more of the ownership in the above named `ifs Name Title 3. State the names of each "board merrtbee'of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm.'p Name Board,Commission or Committee 4. State the names of each employee or officer of a"consraita nf'for the City of Corpus Christi who worked on any matter related to the subject oft is contract and has an "ownership interest" constituting 3% or more of the ownership in the above warned"firm." Name Consultant ADDENDUM NO.2 Proposal Faun =ATTACHMENT 6 Page 23 of 24 FILING REQUIRE MENTS If a person Who requests official action on a matter knows that the requested action will confer an econorni c- benefit 0 n an y City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writin to the City official,employee or o that has been requested to act in the matter,unless the interest of the City official ore plo ee in the Matter is ap area The disclosure shall also be made in a signed writing riled with the City Secretary. [-thics Ordinance Section 2T49 (d)] CERTIEFICATION I certi that all information provided is true an d correct as of the date of this statement, that I have knowingly withheld Ili sclosure of any information requested; and that supplemental statements will be promptly submitted to th e City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (r r�isatt Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefif'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its eff ect on members of the public in general or a substantial segment thereof. c "Employee," Any person employed by the City of Corpus Christi,Texas either an a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain mm , whether professional, industrial or coercial, and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship,as self-employed person, partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. C. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division]leads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest,whether actually or constructively held,in a firm,including when such interest is held through an agent, trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting trusts,proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm,such as engineers and architects,hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ADDENDUM NO.2 ptoposal Form ATTACHMENT 6 Page 24 of 24 ACC)RE) DA (..F91 Do CERTIFICATE OF LIABILITY INSURANCE 911112013 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Swantner&Gordon Insurance Agency A Higginbotham Company PO Box 870 Corpus Christi TX 78403 INSURED Berry Contracting, LP BERRY13 Irt 7 dba Bay, Ltd. P.O.Box 4858 INSURER 0, Corpus ChdsU TX 784694858 INSURER E,. lue'RER F'. COVERAGES CERTIFICATE NUMBER-1309588351 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST—ED 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. INSR ADDL 3M --OD-LJCYFxp LTR TYPE OF INS NCLE IM I POLICY EFF I wVD POLICY NUMBER MMIDD 1HMMR= LIMITS --7 A GENERAL LIABIUi� HDOG27018245 012013 512012�11 EACH OCCURRENCE ill'LO-001000 -15imWOSTO-Fiff RTEff- X COMMERCIAL GENERAL LIABILITY 711 all $100,1300 1-7-1 CLAIMS DE LLJ OCCUR MED EXP(Any one penon), S110,000 r PERSONAL&ADY INJURY _11,000,000 GENERAL AGGREGATE S10,000,wo GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG 35,000,000 A �x POLICY PRO- LOC I G AUTOM� ISAH0117111811 5121112013 512012 1. It OBILE LIABILITY (Ea amdent) 000.000 X ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED 7 OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident S AUTOS M To NO _OWNED NO"WNED HIRED TOS PROPERTY DAMAGE AUTOS P r • n x M -90 S CS -- -- C) A X UMBRELLA LIAS. X OCCUR XOOG25910552 512012013 512012014 EACH OCCURRENCE 525,6130,000 EXCESS LIAR CLAIMS-MADE AGGREGATE 525,000,000 DED X I RETENTIONS25,0 A WORKERS COMPENSATHD� q VVLRC47317435 2012013 �2-012014 X WC STA FU- OTH- AND EMPLOYE RS"LIABIL YIN LIAAITS -P' ANY PROPRIETCRIPARTNERrEXECUTIVE EACH ACCIDL E.L. SJ, ,0 00 OFFCERIMEMBER EXCLUDED? NIA NT 0N (Mandatory In NH) El Or EL DISEASE®EA EMPLOYEE $1.000,0()0 Sdd cribeunder 1 RieFSMON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,00(),B00 Contractm Pollution PL7420319 12012013 512W2014 Pollution Condition S25,000.000 C Contractors EquIpment X193045661 1112012 11/112013 Pollution Aggregate S29, ,000 :?!!:::: CE-Leased/Renled $1.500,OW DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES JAtUch ACORD 101,Additional Remarks Schedule,It MOM 5P2C@ 12 MQUIred) Please see attached Acord 101 Form for additional policy and coverage information. ,City Project#6511 Bayfront Development Plan Phase 3 Bond 2008 Shoreline Rea t Ret lignmen CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS, PO Box 9277 Attn: Engineering Services ESENTATIVE Corpus Christ TX 78469-9277 031909®2010 ACORD CORPORATION. All rights reservec ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD k e POLICY NUMBER: HDOG2701824S COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE k. POLICY. PLEASE REAL) IT CAREFULLY. ADDITIONAL INSURED - OWNERSy LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY V PART SCHEDULE Name e of arson or Organization: Any Owner, LPessee, or Contractor whom you have agreed to include as are additional insured under a written contract, provided such contract was execrated prior to the date of loss (If no entry appears above. Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) Section li Who Is An Insured Is amended to Include as an Insure the person or organization (1) I work, Including materials, pars or shown In the Schedule, b only with respect to equipment furnished r connection with liability arising out of your ongoing operations such e, , nt the project lather be performed for that Insured. service, maintenance or repairs) to e performed by or on behalf of the addl- B. With respect to the Insurance afforded to these tionai Insured(s ) at the site of the v- a dditional Insureds, the followIng exclusion Is er operations has been completed; added: or 2, Exclusions (2) That port of"your work"out of which This Insurance does not apply to "bodily in® a Injury or damage arises has been Jury"or"property a a e"occurring after put to Its Intended use by any person or organization o er than another con- tractor or subcontractor engaged I performing operations fora principal as a part of a same project. CG 20 10 10 at @ ISO Properties,Inc., 20 Page 1 of 1 POLICY NUMBER: HDOG27018245 COMMERCIAL GENERAL LIABILITY CG 20 37 10 POLICY.THIS ENDORSEMENT CHAN-GES THE PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -CONTRACTORS - COMPLETED OPERATIONS s LESSEES OR This endorsement modifies insurance proAded under the following-. COMMERCIAL L LIABILITY COVERAGE PART SCHEDULE Name of Iverson or r anlgatiort: Any persons or organization 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. Location And Description of Completed Operations: All locations where you are performing work for such additional insured pursuant to any such written contract. Additional Premium: (if no en appears above, info ation requlre to'complete this endorsement will be so In a Declarations as a li ble to is endorsement.) Section ii ®Who Is An Insured is amended to Include as an Insured the person or organization shown In e Schedule, but only with respect to liability arising out of nyour `°at the location designated and described In the scha trie of is endorsement performed for that insured and included In the "products-completed operations haz- ard", CG 20 3710 01 0 ISO Properties, inc., 2000 Page 1 of 1 POLICY NU ADDITIONAL INSURED DESIGNATED PERSONS OR ORGANIZATIONS Named fnsur BQ=Y GP, Endorsement Number 1 111111 Policy S rn bol r F'oflo pl Pal �u -TSA H19 a�nd 05"=1 to 05/20/14 Effective Date of Endorsement Issued i3 (Name of irisu ny ®s/20/13 ACS American 3:nsuranae comb The a fffi sd tc�6e r� �t� �n if when this end nt Is H9scs Subs ers8 t�ih� Bstt�n�r t8�e MV THIS °I CHANGES THE POLICY. PLEASE LLY® This endorsement E ns E suraniGs provided under t a following: BUSINESS °T TRUCKERS MOTOR CARRIER EXCESS GARAGE COVERAGE FORM BUSINESS EXCESS TRUCKERS COVERAGE FORM Additional Insured( }s as an Any person or organization whom you have to i additional insured �tzt �nsur d r written oo trait, E a! s P ao to 3 . y contract r s A. For a covered "auto,"Who is Insured Is amended to Include as an"insured,°the persons or an] ations injure or'property dada "resulting from acts or omissions of named In this endorsement, However, these sons or organizations are an "Incur " 0noly for " iiy 1. You. ° Any of your"ernproyeas®or agents. 3. Any person operating a covered"auto"with permission from you,any of your"employi agents. S. The persons or organizations named In this endorsement are not liable for payment of your premium. Authorized Representative ®9ti74a(04/11) Page 1 of 1 NOTICE TO OTHERS SCHEDULE NOTICE Y f NSURED'S REPRESENTATI Named Ina Be ® Inc. Endorsement Number 1 alicf } bal Polly be" Po lcy Period Effective Date of Enda e t X27®14 1121 la'u®d By(tV�m,at Inaunca c�rnp�ny} ACE American Insurance Company Insert the palmy number,The rennWmder of the Informalion is to be cornpMLd only when this andorsernent to issued subsequent to the preparelIon of the pulley, THIS THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to Its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out In this endorsement, to send written notice of cancellation, to the parsons or organizations listed in the schedule that you or your representative create or maintain (the'Schedule") by allowing your representative to sand such notice to such persons or organizations, This notice will be In addition to our notice to you or the first darned 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 verage< We have no legal obliaticn of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will Impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative,Dler ur representative will In tarn send e notice to the persons or organizations listed in a Schedule at lea s prior to e cancellation date applicable to the Policy. You will cooperate with us in providing the the lyn causi ng your representative to provide the Schedule. E. This endorsement does net apply In the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. s i i r I r l A on d en e i ALL-32686(01111) Page I of 9 , 4 NOTICE TO OTHERS T—SCHEDULE NOTICE BY INSUREDS REPRESENTATIVE Named Insured Berry GP, Inc. Endofsernen4 Number Policy symbol Pulley Number Policy Peeod fbecuve Date of End�rsetnenI I A H08718891 0512012013 TO 05/2012014 Issued y(Naarna of Insure-me Company) ACE American Insurance Company Insert the pcllcy number.The mmainder of the lnfcrrras#an Is to be completed only Yken this endorsement to Issuedsubsequent to the prepamlifon of ft policy. THIS T CHANGES THE POLICY. PLEASE IT CAREFULLY. A. If we cancel this Policy prig to Its expiration date by notice to you or the first Named Insured for any reason other fan 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* c eduiej by allowing your representative to send such notice to such persons or organizations. This notice will be Inaddition to our notice to you or the first Narned insured, and any other party whom we are required to notify b 'slaturte 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 obli a1ion of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or or anlzation(s) shown In the Schedule will impose no obligation or Ila iiity of any kind upon us, our agents or representatives, will not extend any Polley cancellation date and will net 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 representatIlve may use.. D. We will only be responsible for sending such notice to your representative, a d oilr representative will in turn send the nett to the persons or organizations listed In the Schedule at feast 30 ys prior to the cancellation date applicable to the policy. You will operate with us In providing the the r in using your representative on to provide e Schedule. This endorsement does not apply in the event that you cancel the policy. All other terms and conditions of this policy remain unchanged. -JQ�ehd r ALL-32686(01/1 J) Page i of 1 Workers'Compensation a Employers'Liability Policy Named Insured Endorsement Number BERRY GP.INC. P.O.SOX 4859 Policy Number CORPUS CHRISTI TX 7546 859 S bole LR Nu ber:047317435 httecbve Date of Endorsement 0 -20®2013 To 05-20-2014 05®20®2013 Issued By(Marne of insurance company) ACE AMERICAN INSURANCE COMPANY in��rg tt�� Ali rtutrtk��r,°rho r�m�(nd�r of tiz�Into ati�r� t�6� i� ��i u��n this� esra�nt is is sts u��t t�Its r® ��cr�t the ati NOTICE TO OTHERS ENDORSEMENT®SCHEDULE NOTICE BY t B REPRESENTATIVE A. if we cancel this Policy prior to Its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send wrluen notice of cancellation, to e persons or organizations list 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 10 you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or or nizadon(s) shown in the Schedule will impose no obligation or liability of any kind Capon 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 \j D. We will only be responsible for sending such notice to your representativq and y ur representative will in turn send the notice to the persons or organizations listed in the Schedule at lea t 30 d ys prior to the cancellation date applicable to the Policy. You will cooperate with us In providing the Schelffkaar in causing your representative to provide the Schedule. E. This endorsement does net apply in the event that you cancel the Policy, Ail other terms and conditions of this Policy remain unchanged. Au arized Representative 2669 3 69(01!11) 25 Page 1 of I