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HomeMy WebLinkAboutC2013-376 - 12/17/2013 - Approved (_7( 21- 2013-376 12/17/13 M2013-199 Ba.). Ltd. CONTRACT DOCUMENTS 116.01111M11/MM FOR CONSTRUCTION OF CITYWIDE STREET OVERLAY AND SEALCOAT INDEFINITE DELIVERY/INDEFINITE QUANTITY PROGRAM - PILOT PROGRAM PROJECT NO. E12215 Prepared By: RH Shackelford,Inc. 5151 Flynn Parkway,Suite 300 Corpus Christi,Texas 78411 Office:(361)452-0318 Fax:(210)826-4906 WIN • ■ 1111111111111111111111111/ 1111111111111111 1111110111111111, 11111111111111111 NNW 111111111111111 010011"1.100011/01001 dirommvikv. • C ty of kibs• Corpus ****.*.** *•**•************* 3E*Ira ;........... Christi „" October 2013 ye, act. (5 RH Shackelford, Inc. RECORD DRAWING NO.STR 888 Texas Engr. Firm No. F9797 • • _ t 00 0100 TABLE OF CONTENTS r. :::: .: ..... ........ . . . .... .:.:. . :: ;: :; Title;:..;, ;: :: : , :: ...:.:.;..:� ., . :.. :...:.: :: . .:.::Section'::::::. ;::::;:.::.::::;:,. :..:;;;° .:;::.:�`::.::::::::.::.:.::::;.:.::.:.;.:::: :�:: ;;:::�:� :::::: ;.::..:::.::.::. : .::: :. .. :.-. :...... ...:: . . :: Division 00 Procurement and Contracting Requirements L00 0115 List of Drawings 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders 00 30 00 Bid Form 00 30 01 Bid Form Exhibit A 00 30 02 Compliance to State Law on Nonresident Bidders L 00 30 03 Compliance to Texas Sales Tax Code 00 30 04 Conflict of Interest Questionnaire 00 30 05 Disclosure of Interest L00 30 06 Non-Collusion Certification 00 4516 Statement of Qualifications 1- 00 52 23 Agreement 00 6113 Performance Bond 00 6116 Payment Bond 00 72 00 General Conditions L 00 72 01 Insurance Requirements 00.72 02 Wage Rate Requirements 00 72 03 Minority/MBE/DBE Participation Policy L00 73 00 Supplementary Conditions LDivision 01 General Requirements 01 11 00 Summary of Work la 0123 10 Alternates and Allowances 0129 00 Application for Payment Procedures 0129 01 Measurement and Basis for Payment r01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 14 Change Management 0133 00 Document Management L Table of Contents 00 0100-1 ICorpus Christi Standards-Regular Projects 09-25-2013 L I . ... . . ......:. Tit 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule I 0135 00 Special Procedures 0140 00 Quality Management 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements Standard Specifications 025610 Concrete Curb and Gutter I 025612 Concrete Sidewalks and Driveways 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 097020 Exposed Aggregate Finish for Concrete Sidewalks Technical Specifications TxDOT 204 Sprinkling TxDOT 210 Rolling I TxDOT 216 Proof Rolling TxDOT 247 Flexible Base TxDOT 251 Reworking Base Courses TxDOT 260 Lime Treatment(Road-Mixed) TxDOT 263 Lime Treatment(Plant-Mixed) TxDOT 265 Fly Ash or Lime—Fly Ash Treatment(Road-Mixed) TxDOT 275 Cement Treatment(Road-Mixed) I TxDOT 276 Cement Treatment(Plant-Mixed) TxDOT 300 Asphalts,Oils,and Emulsions TxDOT 302 Aggregates for Surface Treatments TxDOT 310 Prime Coat TxDOT 316 Surface Treatments TxDOT 320 Equipment for Asphalt Concrete Pavement Table of Contents 00 0100-2 Corpus Christi Standards-Regular Projects 09-25-2013 1 1 TxDOT 351 Flexible Pavement Structure TxDOT 354 Planing and Texturing Pavement TxDOT 662 Work Zone Pavement Markings TxDOT 666 Reflectorized Pavement Markings � TxD[Y76GQ Prefabricated Pavement Markings TxDOT 672 Raised Pavement Markings TxDOT 677 Eliminating Existing Pavement Markings and Markers TxDOT 678 Pavement Surface Preparation for Markers TxDOT 700 Pot Hole Repair �L TxDOT 3268 Dense-Graded Hot-Mix Asphalt TxDOT 8251 Painted Pavement Markings � 0 END OF SECTION Table of Contents � CmrpusChhsUStandards-RcQu|arPnoj 0VV180-3 ccto 09-25'20I3 1 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner)is requesting Bids for the construction of the following Project: Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program—Pilot Program Project#12215 Description of Project This project provides for the implementation of the city wide street preventative maintenance program for the Hot Mix Asphalt Concrete(HMAC)Arterial,Collector and Residential streets. The work is programmed for approximately 50%for the Residential streets and 25%each for the Collectors and Arterial Streets. The contract is a multi-year Indefinite Delivery Indefinite Quantity(IDIQ). The initial base year will be 365 calendar days with three(3)optional one-year extensions. The project may be awarded to one or two contractors under the following Base Bids scenarios: Base Bid 1 Provides for the Seal Coats with the minor HMAC repairs and level ups,base repairs; pavement markings and traffic controls;manhole ring and cover adjustments; minor concrete improvements including curb&gutter,sidewalks and driveways; mobilization,hauling,disposal and other necessary miscellaneous improvements. Seal Coats are anticipated to represent approximately 25%of the available project funds per year. Base Bid 2 Provides for HMAC Overlays with the HMAC repairs/patching and full depth base repairs;pavement markings and traffic controls;manhole ring and cover adjustments;minor concrete improvements including curb&gutter,ADA ramps, sidewalks and driveways;mobilization,hauling,disposal and other necessary miscellaneous improvements. Overlays are anticipated to represent approximately 75% of the available project funds per year. Base Bid 3 Provides for combined base bid for both the Seal Coats and Overlays with the HMAC repairs/patching and full depth base repairs;level ups,pavement markings and traffic controls;manhole ring and cover adjustments;minor concrete improvements including curb&gutter,ADA ramps,sidewalks and driveways;mobilization,hauling, disposal and other necessary miscellaneous improvements. The actual work will be issued through multiple Delivery Orders(DO's)within the two Base Bids from the bid schedule activities and contract documents. Each DO will include a list of streets with a preliminary scope of work,estimated quantities and performance period. Upon receipt of each DO with preliminary scope of work the Contractor,Engineer and City staff will conduct joint field investigations to refine the scope,quantities and performance period. The contractor will submit a revised scope for each DO with proposed schedule with defined tasks,estimated quantities and unit prices from the bid schedule for approval by the Engineer and City. Written approval will be given to the contractor with duration and cost. Actual quantities and cost will be field measured and verified by the City in the field during construction. All work will comply Invitation to Bid 00 11 16-1 Corpus Christi Standards-Regular Projects 09-25-2013 I with the specifications,details and contract documents. Additionally,the contract provides for annual economic adjustments based on City approved pricing indexes. A total of approximately five(5)DO's for each Base Bid will be issued each year for approximately 20%each of the of the total annual program funding. The initial contract award includes the first DO's with a predefined list of streets and related work. Subsequent DO's and • calendar year extensions will be issued at the discretion of the City with concurrence by the contractor. The typical DO will be consolidated to an area of approximately 1.5 square miles to maximize efficiencies and minimize disruption to the local transportation,businesses and residents. Additional DO's and renewals will be issued based on successful performance of the contractor and available funds. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: www.publicpurchase.com 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents,as defined in the Agreement,are received. 2.03 This website will be updated periodically with Addenda,lists of interested parties,reports,or other information relevant to submitting a Bid for the Project. I ARTICLE 3 PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on 10:00am Tuesday, I November 5,2013 at the following location: City of Corpus Christi Building Engineering Conference Room,Third Floor 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 4—QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS 4.01 Questions are to be submitted using the Question and Answer process on the Owner's Bidding I Website. Responses to questions submitted will be posted on the website by the Owner for the benefit of all Bidders. Responses will be posted for questions submitted at least 72 hours prior to the date of the bid opening. 4.02 A response to a question posted on the website that requires modification of the Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of contract can only be made by Addenda. Only answers in Addenda authorized by the Owner will be binding. Oral and other interpretations or clarifications will be without legal effect. . Invitation to Bid 00 11 16-2 - Corpus Christi Standards-Regular Projects 09-25-2013 I I ARTICLE 5—MINORITY/MBE/DBE PARTICIPATION POLICY 5.01 Selected Contractor is required to comply with the Owner's Minority/MBE/DBE Participation Policy as indicated in SECTION 00 72 03 MINORITY/MBE/DBE PARTICIPATION POLICY. • 5.02 Minority participation for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation for this Project has been established to be 15%of the Contract Price. 5.04 Disadvantaged Business Enterprise participation for this Project has been established to be 5% Of the Contract Price. ARTICLE 6--BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 7 days of Notice of Award of the Contract. The security must be payable to the City of Corpus Christi,Texas in the amount of 5% of the proposed Contract Price. 6.02 Bid Security may be in the form of a Bid Bond or a cashier's check,certified check,money order, or bank draft from a chartered financial institution authorized to operate in the State of Texas. Bidders may provide their surety's standard penal sum bid bond form. The Bid Bond must reference the Project by name as identified in Article 7. 6.03 Failure to provide the Bid Security will constitute a non-responsive Bid which will not be considered. Failure to provide required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS 7.01 Sealed Bids must be delivered to the Owner at the address below no later than 2:00pm Wednesday,November 13,2013 to be accepted. The Bids will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address Bids to the Owner as follows: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary L Invitation to Bid 00 11 16-3 Corpus Christi Standards-Regular Projects 09-25-2013 C I I Bid-Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program Pilot Program,Project No.12215 ARTICLE 8 AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to the Bidder or Bidder(s)who provide the best value for the Owner. The Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices,to reject any or all Bids,and/or waive formalities. Bids may not be withdrawn within 90 days from the date on which Bids are opened. ARTICLE 9—OTHER CONTRACT REQUIREMENTS • 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the Contract Documents. 9.02 Contractors for this Project must obtain and provide the necessary insurance,including Workers'Compensation Insurance,as required by the General Conditions and SECTION 00 72 01 INSURANCE REQUIREMENTS. • 9.03 Performance and Payment Bonds are required. END OF SECTION I 3 I I I 3 . . I Invitation to Bid 00 11 16-4 Corpus Christi Standards-Regular Projects 09-25-2013 31 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1—INSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: :T e=oiz411.u a r n'ce Commercial General Liability including 1. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations $1,000,000 Per Occurrence Hazard $2,000,000 Aggregate 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal&Advertising Injury Business Automobile Liability-Owned, Non-Owned,Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory Employer's Liability $500,000/500,000/500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required L Insurance Requirements 00 72 01-1 Corpus Christi Standards-Regular Projects 09-23-2013 L I I 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M.Best rating of A-Vlll or better. D. Furnish copies of policies and endorsements,and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out(redact)any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights I under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance"clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance Is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or • entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers'compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers'compensation and employer's liability insurance for: I 1. Claims under workers'compensation,disability benefits,and other similar employee benefit acts. Obtain workers'compensation coverage through a licensed insurance I company in accordance with Texas law and written on a policy and endorsements Insurance Requirements 00 72 01-2 Corpus Christi Standards-Regular Projects 09-23-2013 I L approved by the Pp y Texas Department of Insurance. Provide insurance in amounts to meet all workers'compensation obligations. Provide an"All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury,occupational sickness or disease,or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers'Compensation Act and Jones Act coverage(if applicable). 4. Foreign voluntary worker compensation(if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis,against: 1. Claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason;and 5. Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property wherever located,including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996(or later) ISO commercial general liability form(occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril"policy providing coverage for all materials, supplies,machinery,fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship,materials,maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; Insurance Requirements 00 72 01-3 Corpus Christi Standards-Regular Projects 09-23-2013 I I I d) Coverage for testing and start-up; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage,both on and off the Site;and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies,machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions,and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032,"Additional Insured- Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying I employer's liability,commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers,directors, members,partners,employees, agents,consultants,and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies,including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims,including clean-up costs that result from Hazardous Environmental Conditions I which result from Contractor's operations and completed operations. Provide Contractor's Insurance Requirements 0 7 0 2 01-4 Corpus Christi Standards-Regular Projects 09-23-2013 p ollution liabili ty insurance that' ncludes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance,or have Subcontractors and Suppliers do so,if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations,whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor,Owner,and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether performed by Contractor, Subcontractor,Supplier,anyone directly or indirectly employed or retained by any of them,or by anyone for whose acts they may be liable. 3. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor,and all Subcontractors,and any other individuals or entities identified in the Supplementary Conditions,as named insureds. 2. Be written on a builder's risk"all risk"policy form that includes insurance for physical loss or damage to the Work,temporary buildings,false work,and materials and Insurance Requirements 00 72 01-5 Corpus Christi Standards-Regular Projects 09-23-2013 I I equipment in transit,and insures against at least the followin g p erils or causes of loss: fire;lightning;windstorm;riot;civil commotion;terrorism;vehicle impact;aircraft; smoke;theft;vandalism and malicious mischief;mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;flood;collapse;explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown,boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and other earth movement;or flood,are not commercially available under builder's risk,by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship,design,or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete,unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items,such as tools,construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01-6 Corpus Christi Standards-Regular Projects 09-23-2013 I C 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT,named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's indemnitees,Contractor, named insureds and additional insureds,and the officers,directors,members,partners, employees,agents,consultants,and subcontractors of each and any of them,for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor,Subcontractors,or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of,resulting from,or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT,named insureds,or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies;and 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days'notice before cancellation or any material change in the policy's terms and conditions,limits of coverage,or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE Insurance Requirements 00 72 01-7 Corpus Christi Standards-Regular Projects 09-23-2013 I I A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under I Texas Insurance Code§1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies,declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion,revision,or modification of particular policy terms, conditions,limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated,revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi—Engineering Attn:Construction Contract Admin. P.O. Box 9277 Corpus Christi,TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract I Administrator by calling 361-826-3530. I I Insurance Requirements 00 72 01-8 Corpus Christi Standards-Regular Projects 09-23-2013 L ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor"in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation,independent contractors,subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials, or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. Insurance Requirements 00 72 01-9 Corpus Christi Standards-Regular Projects 09-23-2013 I I I G. The 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 of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the Project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project;and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. 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 on the Project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs (1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers'compensation coverage for the duration of 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 Insurance Requirements 00 72 01-10 Corpus Christi Standards-Regular Projects 09-23-2013 I information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION C I C C I C C C Insurance Requirements 00 72 01-11 Corpus Christi Standards-Regular Projects 09-23-2013 I r 00 52 23 AGREEMENT This Agreement,for the project awarded on December 17, 2013, is between the City of Corpus Christi, Texas (Owner)and twa Berry Contracting.LP dba Bay.Ltd. (Contractor). Owner and Contractor agree as follows: tow ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program—Pilot fow Program Project A12215 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE a 2.01 The Project has been designed by: R.H.Shackelford.Inc. Rea. #F-9797 5151 Flynn Parkway,Suite 300 Corpus Christi.TX 78411 2.02 The Owner's Authorized Representative for this Project is: at Daniel Biles. P.E. Director of Engineering Services City of Corpus Christi ARTICLE 3—CONTRACT TIMES 3.01 Contract Times vrA A. The Work is required to be substantially completed within 365 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 365 days after the date when the Contract Times commence to run. B. Milestones, and the dates for completion of each,are as defined in SECTION 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages .r A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract ,a Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Agreement 005223-1 Corpus Christi Standards-Regular Projects 09-25-2013 ona Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, rSt Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): l 1. Substantial Completion: Contractor shall pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and ' readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached in SECTION 00 30 01 BID FORM EXHIBIT A. Unit prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids,and final payment for all unit price items will be based on actual quantities,determined as provided in the Contract Documents. Total Base Bid#1 $ 6,147,094.05 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during ll performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. Iri► Agreement 005223-2 Corpus Christi Standards-Regular Projects 09-25-2013 i Yr B. Progress payments equal to 95 percent of the total earned value to date for completed Work and properly stored materials will be made prior to Substantial Completion. The balance will be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of w" payments previously made and less set-offs determined in accordance with Paragraph 15.01 of the General Conditions. D. At the Owner's option,retainage may be required at a higher percentage rate if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. a E. At the Owner's option,Owner may pay Contractor 100 percent of the Work completed, less FIN amounts withheld in accordance with Paragraph 15.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may,at its sole discretion,elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner Pro has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 15.06 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. r" 6.02 The Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. er+ B. The Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 00 52 23-3 Corpus Christi Standards-Regular Projects 09-25-2013 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and 5. Technical Data related to each of these reports and drawings. tam E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site;and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost,progress,and performance of the Work; 2. The means, methods,techniques,sequences, and procedures of construction to be employed by Contractor;and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor,information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests, studies,and data with the Contract Documents. teitv J. The Contractor has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Agreement 00 52 23-4 Corpus Christi Standards-Regular Projects 09-25-2013 rat r air ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 13.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books,correspondence, instructions, drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. IRP ARTICLE 9—CONTRACT DOCUMENTS i 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. row 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form Exhibit A. 5. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. B. There are no Contract Documents other than those listed above in this Article. Pfm C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ifte iI A a I a Agreement 00 52 23-5 Corpus Christi Standards-Regular Projects 09-25-2013 Y-' NW ail / 02 0l4 The Effective Date of the Contract is Signed in four original duplicates. 11 ATTEST CITY OF CORPUS CHRISTI ./ '•11/`e/J-a City Secretary Mark Van Vleck, P.E. Interim Assistant City Manager Public Works, Utilities,&Transportation a APPROVED AS TO LEGAL FORM: Ito Tooir ZA/4.41%1•14.- Veronica Ocanas Daniel Biles, P.E. etv Senior Assistant City Attorney Director of Engineering Services cgo ATTEST OF CORPORATION) CONTRACTOR a (Seal Below) By: C.)„., Note: Attach copy of authorization to sign if Title: g �,.r. a �� M r person signing for CONTRACTOR is not President, Vice President,Chief Executive Officer,or Chief °• n q°t O� Financial Officer Address Coe v,s C\+r;s.V, 1"-')( 7E 4 b4 City State Zip 2°01— 377,k zn- 230s+ Phone Fax L.2i+-\z; 13a Ly-a1,. Cow. EMail txm END OF SECTION + 1 r 3-0 M I f l tIUK cam• 1RT COUNCIL�.....1 2 sECR TAQ Agreement 00 52 23-6 Corpus Christi Standards-Regular Projects 09-25-2013 I II 003000 BID FORM ARTICLE 1—BID RECIPIENT 1.01 Submit Rids to. The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid—Cltywlde Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program— PHot Program,Project No.E12215 ARTICLE 2—BIDDERS*S ACKNOWLEDGMENTS tilIENT 2.01 Bidder proposes and agrees,If this Sid Is accepted,to enter into an Agreement with Owner on the form Included In the Contract Documents,to perform all Mork specified or Indicated in Contract Documents for the Contract Price Indicated in this Bid or as modified by Contract Amendment. Bidder agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents. 2.02 Bidderaccepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including those dealing with required Bonds. The Bid will remain subject to acceptance for 90 days after the opening of Bids.. 2.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work In accordance with the schedule set forth in the Agreement. 2.04 Bidder acknowledges receipt of the following Addenda:. Addendum No. Addendum mate signature Ackn €edging Receipt vz I I lI I _ I m 57- ARTICI.E BIDDER'S REPRESENTATIONS i °i W I 3.01 The Bidder has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 3.02 The Bidder has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. 3.03 The Bidder Is familiar with laws and Regulations that may affect cost,progress,and performance of the Work. Bid dorm 003000-1 Carpus Christi Standards-Regular Projects 09.25-2013 kP l l I i 3.04 The Bidder has considered the; A. information known to Bidder; B. Information commonly known to contractors doing business in the locality of the Site; C. Information and observations obtained from visits to the Site;and 1 D. The Contract Documents. I 3.05 The Bidder has considered the items identified In Paragraph 3.05 with respect to the effect of i such information,observations,and documents on. A. The cost,progress,and performance of the Work; B. The meatus,methods,techniques,sequences,and procedures of construction to be employed by Bidder,and C. Bidder's safety precautions and programs. 3.06 Based on the Information and observations referred to In the recedin p g paragraphs, Bidder agrees that no further examinations,Investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and In accordance with the other terms and conditions of the Contract Documents. 3.07 The Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents, 3.08 The Bidder has correlated the Information known to the Bidder,information and observations obtained from visits to the Site, reports and drawings identified In the Contract Documents,and all additional examinations,Investigations, explorations„tests,studies,and data with the Contract Documents. 3.09 The Bidder has given the OAR written notice of all conflicts,errors,ambiguities,or discrepancies that the Bidder has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Bidder. J 3.10 The Contract Documents are generally sufficient to Indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. r 3.11 Bidder's entry into this Contract constitutes an Incontrovertible representation by Bidder that without exception all prices In the agreement are premised upon performing and furnishing the Work required by the Contract Documents. f ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work In accordance with the Contract Documents at the unit prices shown in SECTION 00 30 01.BID FORM EXHIBIT A. A. The Bidder selected for award of the Contract will be the Bidder whose Bid provides the best value to the owner, The Owner Is not bound to accept the lowest priced Bid If that Bid Is determined by the Owner not to be in the Owner's best interest. Owner will,at its tBid Farm 003000-2 r Corpus Christi Standards-Regular Projects 09-25-2013 r t discretion,award the Contract for the Base Bid,plus any combination of Add or Deduct Alternates that provides the best value to the Owner. B. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions, C. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price Items will be based on actual quantities provided,measured as provided in the Contract Documents. D. Unit Price and figures column will be used to compute the actual Bid price. ARTICLE 5—EVALUATION OF BIDDERS 5.01 The Owner will consider the qualifications of the Bidders and Bidders'consultants,In addition to the proposed Contract Price,when evaluating Bids to determine which Bid offers the best value to the Owner. The Owner reserves the right to waive Irregularities In determining the Bidders' qualifications and reserves the right to require the submission additional Inform of ation. 5.02 The Owner has the right to accept a Bid,which in its judgment offers the best value to the Owner,reject any and all Bids,to waive irregularities In the Bids, or to reject non-conforming, non-responsive,or conditional Bids. In addition,the Owner reserves the right to reject any Bid where circumstances and developments have,In the opinion of the owner,changed the qualifications or responsibility of the Bidder. 5.03 Material misstatements In the documentation submitted for evaluation,including information submitted per SECTION 00 45 16 STATEMENT OF QUALIFICATIONS,may be grounds for rejection of the Bidder's Bid on this Project. Any such misstatement, If discovered after award of the Contract to such firm,may be grounds for Immediate termination of the Contract Additionally, the Bidder will be liable to the Owner for any additional costs or damages to the owner resulting from such misstatements,Including costs and attorneys fees for collecting such costs and damages. ARTICLE 6--TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment In accordance with Paragraph 15.06 of the General Conditions within the number of days Indicated in SECTION 00 30 01 BID FORM EXHIBIT A. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bid Security, B. SECTION 00 30 01 BID FORM EXHIBIT A. C. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. D. SECTION 00 30 03 COMPLIANCE TO TEXAS SALES TAX CODE, Bid Form 003000-3 Corpus Christi Standards-Regular Projects 09-25-2013 J i i J' II i E. SECTION 0030 04 Ct NFUCT OF INTEREST QUESTIONNAIRE. f F. SECTION 003005 DISCLOSURE OF INTEREST. G. SECTION UO 30 06 NON-COLLUSION CERTIFICATION. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid have the meanings Indicated In the General Conditions and the Supplementary Conditions. The significance of terms with Initial capital letters is described in the General Conditions. ARTICLE 9--1PE N U E 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. Ir ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must Inciude their correct legal name„state of residency,and federal tax identification r number in the Bid Farm. 1 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to j accompany all materials included in the submitted Bid. Bids which are not signed and dated in this manner,or which do not contain the required documentation of signatory authority may be rejected as non-responsive. The Individual(s)signing the Bid must have the authority to bind the Bidder to a contract,and if required,shall attach documentation of signatory authority to the Bid Form. 10.03 Bidders who are individuals("natural persons"as defined by the Texas Business Organizations Code§1.002),but who will not be signing the Bid Form personally,shall include in their bid a jnotarized pourer of attorney authorizing the individual designated as their authorized representative to submit the Bid and to sign on behalf of the Bidder. 10.04 Bidders that are entities who are not individuals shall identify in their Bid their charter or Certificate of Authority number issued by the Texas Secretary of State and shall submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the Individual(s)authorized to execute documents on behalf of the Bidder. Bidders using an assumed name(an "alias")shall submit a copy of the Certificate of Assumed Name or similar document. 10.05 Bidders that are not residents of the State of Texas must document their legal authority to conduct business In Texas. Nonresident Bidders that have previously registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Bidders that have not previously registered with the Texas Secretary of State shall submit a copy of the Bidder's enabling documents as filed with the state of residency,or as otherwise existing. r Bid Form 003000-4 Corpus Christi Standards-Regular projects 09-25-2013 I ARTICLE 11-BID SUBMITTAL It ()l This Bid Is submitted by: Bidder: c [ )typed or prfntedfrall legal rrerne of Bidder) I, By:. (individual's signature) Larne: r+ r (typed orprinted) Title. �° typed or printed) Attest: "- ('individual's signature) State of Residency. 06 , Federal Tax Id.No. -7 4 7-q% ' q o l Address for giving notices: 0-- Z a '0 C Rhone; l Email: . ,w q Core, (Attach evidence of authority to sign If the authorized Individual Is not the Bidder,but an Individual signing on behalf of another Individual Bidder,or if the authorized individual is a representative of a corporation,partnership,or joint venture.) END OF SECTION 1 i j J Bid Form 003000-5 Carpus Christi Standards-Regular Projects 09.25.2013 �I I; I f i f Citywide Street Overlay & Sealcoat IDIQ Program - Pilot Program BID SCHEDULE - Part A, Project No. E12215 t t BASE BID 1 (SEAS. COATS) t t r �t Std Form 9duWt A B=*aid 1( ) 003001-1 l 00 30 01 BID FORM EXHIBIT A-BASE BID 1(SEAL COATS) Project: Citywide Street Overlay&Sealcoat IDIQ Program-Pilot Program BID SCHEDULE Part A,Project No,E12215 Owner: City of Corpus Christi,Texas Bidder: Bay Ltd. OAR: Designer: R.H.Shackelford,Inc. Basis of Bid Item Extended Description Unit Estimated Unit Price No. I I I Quantity Amount Items in Base Bid(excluding Allowances)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT Part A-General Activities(Mob/Demob,Traffic Controls,Markings&Profilograph Services) Mobilization/Bonds/insurance;(not to exceed 5%of total bid amount)to be authorized Al 01 LS 1 $ 3DO,000.00 $ 300,000.00 for payment concurrent with overall progress Al-02 Traffic Control and SWPPP,Residential Streets;set-tip,maintenance and removal, EA 75 $ 860.00 $ 64,500.00 complete In place per residential street Al 03 Traffic Control and SWPPP,Collector Streets;set-up maintenance and removal, EA 30 $ 3,400�00 $ 102,000.00 1 complete in place per collector street I Al-04 Traffic Control and SWPPP,Arterial Streets;set-up maintenance and removal,complete EA 15 $ 3,900.00 $ 58,500.00 in place per arterial street Al-05 Ozone Days DAY 5 $ 220.00 $ 1,100.00 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(W)(8") Al 06 I(Solid),complete in place with all surface preparation,application,etc. LF n,000 $ 0.50 7,500.00 Al-07 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness (W)(4") LF 30,000 $ 0.50 $ 15,000.00 (Broken),complete in place with all surface preparation,application,etc. Al D8 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(Y)(4") LF 75,000 $ O.50 $ 37,500.00 (Solid),complete in place with all surface preparation,application,etc. Al-09 Raised Pavement Markers(Reflectorized),Type IC,IIAA,or IIC-R,as applicable complete EA 1,250 $ 4,50 $ 5,625.00 in place with all surface preparation,application,etc. Al-10 Speed Humps,marked with Thermoplastic,Type C,with no preheating or asphalt EA 20 $ 2,400.00 $ 48,000.00 required,125 mill,complete in place with all surface preparation,application,etc. Al-11 Pavement Markings(White 24""Stop Bar"Markings),complete in place with all surface LF 500 $ 15.75 $ 7,875.00 preparation,application,etc. Al-12 Pavement Markings(Crosswalk Markings),complete in place(total width of crosswalk) LF 1,500 $ 55.00 $ 82,500.00 ,complete in place with all surface preparation,application,etc, Al-13 Pavement Markings White"ONLY",complete in place with all Surface preparation, EA 25 $ 280.00 $ 7,000.00 application,etc. Al-14 Pavement Markings White Turn Arrow Markings(Right,Left,Straight),complete in place EA 50 $ 220D0 $ 11,000.00 with all surface preparation,application,etc. fi Al-15 Curb Painting(Yellow No-Parking Zone),complete in place with all surface preparation, LF 500 $ 140 $ 1,700.00 applications,etc. Al-16 Curb Painting(Red Fire Zone),complete in place with all surface preparation, LF 500 $ 3.40 $ 1,700.00 applications,etc. Al-17 Computerized Profflograph Services to include street surface evaluations with calibrated HR 100 $ 140.00 $ 14,000.00 vehicle and equipment and approved reports Landscape Improvements,complete in place including 4"clean Top Soil,Sod,excavation, Al-18 SY 30 $ 92.00 $ 2,760.00 backfill,compaction,with established growth Al-19 Door Hangars,complete in place delivered to the business and residences(two per LS 1 $ 12,200.00 $ 12,200.00 property) Al-20 Type I Self-Supported Temporary Sediment Control Fence, complete in place, LF 750 $ 14.00 $ 10,500.00 maintained and removed Al-21 Temporary Erosion Control Log,complete in place,maintained and removed EA 563 $ 160.00 $ 90,080.00 Al-22 Street Sweeping,complete in place per curb mile Mile 56 800.0D $ 44,800.00 Al-23 Irrigation System Allowance and Miscellaneous Planting Allowance LS 1 500.00 $ 500,00 Al-24 Allowance for unanticipated General Improvements LS 1 5,000.00 $ 5,000.00 Total Base Bid Items Amount(Surn of Extended Amounts for each Rare Bid Vine Item Al-01 through A1-24) $ 931,340.00 Bid Form Exhibit A 00 30 01-1 of 4 J Addendum No.7 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.1 Item Description Unit Estimated Extended I I Quantity Amount Part B-HIMAC and Road Base Improvement Activities BI-01 Subgrade Repair up to 2"Depth(Cold/Hot)HMAC complete in place with SY/IN 12,750 $ 23.60 $ 300,900.00 excavation/removal,placement,compaction etc, Subgrade Repair up to 4-6"Depth(cement stabilization)complete in place with B1-02 excavation/removal,placement,compaction etc. SY 12,750 $ 41�00 $ 522,750.00 B1-03 Subgrade Repair up to 6"Depth(cement stabilization)complete in place with SY 12,750 $ 1030 $ 136,425�00 excavation/removal,placement,compaction etc. B1-04 Cement stabilized base with typically 4%cement,existing limestone base,3-6 inches, SY 12,750 $ 410 $ 52,275.00 complete in place with all grading,mixing,compaction,etc. B 1-05 Base Repair,Upper 2"Depth(limestone)complete in place with excavation/removal, SY 51,000 $ 14.00 $ 714,000.00 placement,compaction etc. Bl-06 Base Repair,Additional 1"Depth(limestone)complete in place with SY 153,000 $ 2.60 $ 397,800.00 excavation/removal,placement,compaction etc. I B1-07 HMAC Saw Cutting 2"Depth,complete in place LF 2,500 $ 3.40 $ 8,500.00 B1-08 HMAC Saw Cutting Additional I"Depth,complete in place LF 8,750 $ 1.25 $ 10,937.50 Patching/Small Area Surface Restoration-HMAC,Type"D"per square yard/inch B1-09 complete in place with small equipment placement,compaction,curing,hauling,etc. SY/IN 102,000 $ 13.25 $ 1,351,500.00 B1-10 Crack Seal complete in place with all surface preparation and application LF 4,300 $ 5.60 $ 24,080.00 Asphalt material,AC-15P,for Sealcoat Per Single Course(one to five miles haW distance BI-11 from an approved site within City Limits)complete in place with all surface preparation, Gal 56,063 3.10 $ 173,795.30 application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HERS-2P)typically applied at a rate ranging from 0.35 to OAD B1-12 Gal/SY,(one to five miles haul distance from an approved site within City Limits), Gal 43,125 $ 3.55 $ 153,093.75 complete in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, B1-13 applied at approximately 150SY/CY,(one to five miles haul distance from an approved Ton 2,130 $ 145.00 $ 308,850.00 site within City Limits),complete in place,haul,rolled,compacted,etc. Asphalt material,AC-15P,for Sealcoat Per Single Course(over five miles haul distance B1-14 from an approved site within City Limits)complete in place with all surface preparation, Gal 56,063 $ 3.75 $ 210,236.25 application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HFRS-2P)typically applied at a rate ranging from 0,35 to 0.40 131-15 Gal/SY,(over five miles haul distance from an approved site within City Limits),complete Gal 43,125 $ 4.05 $ 174,656.25 in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, 81-16 applied at approximately 1505Y/CY,(over five miles haul distance from an approved site Ton 2,130 $ 180.00 $ 383,400.00 — within City Limits),complete in place,haul,rolled,compacted,etc. Bl-17 Planing(Milling)(1"to 1 1/4")complete in place with all preparation,milling operations, SY N/A hauling,etc. 81-18 Planing(Milling)Additional(I")complete in place with all preparation,milling SY N/A operations,hauling,etc. 131-19 Proof Rolling complete in place with equipment,operator,etc. Hour 50 $ 94.00 $ 4,700.00 Surface Treatment-HMAC,Type"D"per square yard/inch.lane to five Miles haul BI-20 distance from an approved site within City Limits)complete in place with tack coat(SS- SY/IN N/A 1H),placement,compaction,curing,hauling,etc, Surface Treatment-HMAC,Type"D"per square yard/inch over five miles haul distance B1-21 from an approved site within City Limits)complete in place with tack coat(SS-11-1), SY IN N/A placement,compaction,curing,hauling,etc. Bi-22 Allowance for unanticipated Street Improvements LS 1 $ 15,000.00 $ 15,000.00 Ji Total Base ffid'Iterns Arnount(Sum of Extended Amounts for each Base Bid Line Item 81-01 through B1-2Z) $ 4,942,899.05 Bid Form Exhibit A 00 30 01-2 of 4 Addendum No.7 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.1 i II Item Extended Description Unit Estimated Unit Price —No. I I � Quantity Amount Part C-Concrete Activities(Curb&Gutter/Driveways/Sidewalks etc.) Removal and Replacement of multiple small segments of concrete Curb&Gutter, C1-01 complete in place with demo,disposal,forms,rebar,concrete,compaction,curing, LF 100 $ 98.00 9,800.00 finish,etc. Cl-02 Removal and Replacement of 6"concrete driveway approaches, complete in place with SF 300 $ 47.00 $ 14,100.00 demo,disposal,forms,rebar,concrete,compaction,curing,finish etc. CI-03 Replacement of stamped 6"concrete driveway approaches, complete in place with SF 100 $ 54.00 $ 5,400.00 demo,disposal,forms,rebar,concrete,curing,compaction,finish,etc. — Replacement of"washed"6"concrete driveway approaches, complete in place with C1-04 SF 100 $ 54.00 $ 5,400D0 demo,disposal,forms,rebar,concrete,compaction,curing,finish etc. Cl-05 Replacement of driveway approaches,complete in place with High Early Strength 6" SF N/A Concrete complete in place with activity C-03 above C1-06 Temporary Driveway Access;set-Lip,maintenance and removal EA 3 $ 1,200.00 $ 3,600,00 1 CI-07 Removal of and Replacement of 4"Concrete Sidewalk&Bike paths,complete in place SF 100 $ 21.00 $ 2,100.00 with all demo,hauling,disposal,etc. Cl-08 New 4"Concrete Sidewalk&Bike paths, complete in place with demo,disposal,forms, SF 1.00 $ 18.50 $ 1,850.00 rebar,concrete,compaction,curing,finish,etc. CI-09 Concrete Saw Cutting 4"Depth,complete in place LF 200 $ 630 $ 1,340.00 C1,-10 Concrete Saw Cutting Additional 1"Depth,complete in place LF 100 $ 1.40 $ 140.00 Concrete Joint Repairs for concrete roadways,removal and replacement,complete in 0_11 LF 100 $ 22.00 $ 2,200.00 place with removal,cleaning,disposal,and placement of new joint material,etc. CI-12 Allowance for unanticipated Concrete improvements LS 1 1-500.00 $ 1,500.00 Total Base Bid fterns,Amount(Burn of Extended Amounts for each Base Bid Line Item Cl-01 through C1-12) $ 47,430.00 Part D-Minor Utility Adjustments(Manhole Ring&Cover/Valve Boxes etc.) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover Dl-01 Assembly with New Height Adjustment Rings,Stainless Steel Inflow Inhibitor and with EA 50 $ 1,800m $ 90,000.00 Concrete Collar,complete in place with demo,disposal,forms,rebar,concrete,curing, compaction,finish,etc, Storm Water Manhole Ring&Cover Adjustment,including New Manhole Ring and Cover D1-02 Assembly with New Concrete Collar,complete in place with demo,disposal,forms, EA 50 $ 1,800m 90,000m Irebar,concrete,curing,compaction,finish etc. Water Valve Adjustment with Concrete Collar,complete in place with demo,disposal, EA 50 $ 850.00 $ 42,500.00 Dl-x3 forms,rebar,concrete,compaction,finish,etc. Dl-04 Replacement of Concrete Collars with High Early Strength Concrete(in addition to unit. EA 500 $ 0.85 $ 425.00 price),complete in place with activity D-01 or D-02 above D1-05 Allowance for unanticipated Wastewater,Water and Stormwater improvements LS 1 $ 2,500.00 $ 2,500.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 93I-01 through 01-05) $ 225,425.00 3111 MAI 11V Bid Form Exhibit A 00 30 01-3 of 4 4/10, Addendum No,7 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.I Item Extended Description Unit Estimated Unit Price No. Quantity Amount Part E-ADA Improvement Activities(Ramps/Approaches etc.) El-01 Removal and Replacement of concrete Curb&Gutter Returns adjacent to ADA Ramps, LF N/A complete in place with demo,disposal,forms,rebar,concrete,etc. Removal and Replacement of 4"Concrete Sidewalk approaches to ADA Ramps,complete SF N/A EI-02 in place with demo,disposal,forms,rebar,concrete,etc. New ADA TDLR Compliant Concrete Curb Ramp;complete in place with demo,disposal, E1-03 SF N/A forms,rebar,concrete,delineators,etc. Remove and Replace ADA curb ramps not in compliance with TDLR with demo,disposal, EI-04 SF N/A forms,rebar,concrete,delineators,etc. E 1-05 New 4"Wide Concrete Header Curb(0 to 6"high)for offset elevation changes,complete LF N/A in place with demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. E1-06 Allowance for unanticipated ADA Improvements LS N/A Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item EI-01 through E1-06) N/A Contract Duration(Note 2) I H jBidder agrees to reach Substantial Completion for Delivery Order 1 90 days I I jBidder agrees to reach Final Completion in 1.05 days Notes I All bid items include the required labor,materials and equipment for the construction activities. The quantities are intended only to show the nature of the work and the typical activities.Actual quantities will be measured and authorized for payment. 2 This an Indefinite Delivery Indefinite Quantity(IDIQ)Contract with a 365 calendar day base year with four(4)1-year optional extensions- Each Delivery Order will include a specific performance period and cost based on the contract bid prices and quantities approved by the engineer and city. 3 This contract allows for an annual economic adjustment to the unit prices based on approved City indexes in January each year. Basis of Bid I Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item Al-01 through A1-24) $ 931,340.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item BS-01 through 111-22) $ 4,942,899.05 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 01-01 through C1-12) $ 47,430.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item DI-01 through DI-05) $ 225,425.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item EI-01 through ES-06) $ Total Base Bid 1 $ 6,147,094.05 J Bid Form Exhibit A 00 30 01-4 of 4 Addendum No.7 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.I L 1. Citywide Street Overlay & Sealcoat IDIQ, Program - Pilot Program BID SCHEDULE - Part A, Project No. E12215 f BASE BID 2 (OVERLAYS) Bid mum Exhik A wear Bid 2(Ovwi ) 00 30 01 BID FORM EXHIBIT A-BASE BID 2(OVERLAYS) Project: Citywide Street Overlay&Sealcoat IDIQ Program-Pilot Program BID SCHEDULE-Pan A,Project No.E12215 Owner: City of Corpus Christi,Texas Bidder- OAR: Designer: R.H.Shackelford,Inc. Basis of Bid Item Description Unit Estimate Extended No, I I � Quantity Amount Items in Base Bid(excluding Allowances)per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT Part A-General Activities(Mob/Demob,Traffic Controls,Markings&Profilograph Services) Mobilization/Bonds/insurance;(not to exceed 5%of total bid amount)to be authorized A2-01 LS 1 $ 628,000.00 629,000.00 for payment concurrent with overall progress Traffic Control and SWPPP,Residential Streets;set-up,maintenance and removal, A2-02 complete In place per residential street EA 7S 78S.00 $ 58,875.00 A2-03 Traffic Control and SWPPP,Collector Streets;set-up maintenance and removal, EA 30 3,100.00 $ 93,DOO.00 I complete in place per collector street I A2-04 Traffic Control and SWPPP,Arterial Streets,"set-up maintenance and removal,complete EA 15 3,600.00 $ 54,000.00 in place per arterial street A2-05 Ozone Days DAY 5 $ 200D0 $ 1,000.00 A2-06 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(W)(8") LF 15,000 $ 0A6 $ 6,900.00 I(Solid),complete in place with all surface preparation,application,etc. A2-07 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness (W)(4") LF 30,000 $ 0.46 $ 13,800.00 (Broken),complete in place with all surface preparation,application,etc. A2-08 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(Y)(4"} LF 75,000 $ 0.46 $ 34,500.00 (Solid),complete in place with all surface preparation,application,etc. A2-09 Raised Pavement Markers(Reflectorized),Type IC,IIAA,or IIC-R,as applicable complete EA 1,250 $ 4.10 $ 5,125.00 lin place with all surface preparation,application,etc. A2-1.0 Speed Bumps,marked with Thermoplastic,Type C,with no preheating or asphalt EA 20 $ 2,100.00 $ 42,000.00 required,125 mill,complete in place with all surface preparation,application,etc. A2-11 Pavement Markings(White 24""Stop Bar"Markings),complete in place with all Surface LF 500 $ 14.50 $ 7,250.00 preparation,application,etc. A2-12 Pavement Markings(Crosswalk Markings),complete in place(total width of crosswalk) LF 1,500 $ 52.00 $ 78,000.00 ,complete in place with all surface preparation,application,etc. A2-13 Pavement Markings White"ONLY",complete in place with all surface preparation, EA 25 $ 260.00 $ 6,500.00 application,etc. A2-14 Pavement Markings White Turn Arrow Markings(Right,Left,Straight),complete in place EA 50 $ 200.00 $ 10,000.00 with all surface preparation,application,etc. A2-15 Curb Painting(Yellow No-Parking Zone),complete in place with all surface preparation, LF 500 $ 3.10 $ 1,550.00 applications,etc. A246 Curb Painting(Red Fire Zone),complete in place with all surface preparation, LF 500 $ 3,10 $ 1,550D0 applications,etc. A2-17 Computerized Profilograph Services to include street surface evaluations with calibrated HR 150 $ 130.00 $ 19,500.00 vehicle and equipment and approved reports A2-18 Landscape Improvements,complete in place including 4"clean Top Sail,Sod,excavation, SY 120 $ 85.00 $ 10,200.00 backfill,compaction,with established growth A2-19 Door Hangars,complete in place delivered to the business and residences(two per LS 1 $ 11,200.00 $ 11,200.00 property) A2-20 Type 1 Self-Supported Temporary Sediment Control Fence, complete in place, LF 2,000 $ 13.00 $ 26,000.00 maintained and removed A2-21 Temporary Erosion Control Log,complete in place,maintained and removed EA 387 $ 150.00 $ 58,050.00 A2-22 Street Sweeping,complete in place per curb mile I Mile 11 $ 740.00 $ 8,140.00 A2-23 Irrigation System Allowance and Miscellaneous Planting Allowance LS 1 $ 3,500.00 $ 3,500.00 A2-24 Allowance for unanticipated General Improvements 5,000.00 $ 5,000D0 Total Base Bid Items Amount(Sum oftxtended Amounts for each Base Bid Line Item A2-01 through A2-24) $ 1,193,640.00 Bid Form Exhibit A 00 30 01-Page 1 of Addendum No.6 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.I Item Extended Description Unit Estimated Unit Price —No. I I Quantity Amount — Part B-HMAC and Road Base Improvement Activities 62-01 Subgrade Repair up to 2"Depth(Cold/Hot)HMAC complete in place with SY/IN 18,750 $ 2100 $ 431,250.00 excavation/removal,placement,compaction etc. 132-02 Subgracle Repair up to 6"Depth(cement stabilization)complete in place with SY 18,750 $ 3&C0 $ 712,500.00 excavation/removal,placement,compaction etc. 92-03 Cement stabilized base with typically 4%cement,existing limestone base,3-6 inches, SY 18,750 $ 10.00 $ 187,500.00 complete in place with all grading,mixing,compaction,etc. 132-04 TX5-475 TriaxW Geogrid,complete in place with material and proper placement SY 18,750 3.60 $ 67,500.00 132-05 Base Repair,Upper 2"Depth(limestone)complete in place with excavation/removal, SY 75,000 $ 1.3.10 $ 982,500.00 I placement,compaction etc. 132-06 Base Repair,Additional I"Depth(limestone)complete in place with SY 300,000 $ 2.40 $ 720,000.00 excavation/removal,placement,compaction etc. I I 132-07 HMAC Saw Cutting 2"Depth,complete in place LF 7,500 $ 120 $ 24,000.00 132-08 HMAC Saw Cutting Additional 1"Depth,complete in place LF 30,000 1.20 $ 36,000.00 1 132-09 Patching/Small Area Surface Restoration-HMAC,Type"D"per square yard/inch SY/IN N 150,000 $ 12,00 $ 1,800,000�00 complete in place with small equipment placement,compaction,curing,hauling,etc. 132-10 Crack Seal complete in place with all surface preparation and application LF 28,125 $ 5.20 $ 146,250.00 Asphalt material,AC-15P,for Sealcoat Per Single Course(one to five miles haul distance 132-11 from an approved site within City Limits)complete in place with all surface preparation, Gal N/A application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HERS-2P)typically applied at a rate ranging from 0.35 to 0,40 B2-12 Gal/SY,(one to five miles haul distance from an approved site within City Limits), Gal N/A complete in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, 132-13 applied at approximately 150SY/CY,(one to five miles haul distance from an approved Ton N/A site within City Limits),complete in place,haul,rolled,compacted,etc. Asphalt material,AC-15P,for Sealcoat Per Single Course(over five miles haul distance B2-14 from an approved site within City Limits)complete in place with all surface preparation, Gal N/A application,curing,rolling/compaction,etc. Emulsion Cationic Grade(HFRS-2P)typically applied at a rate ranging from 0.35 to 0.40 132-15 Gal/SY,(over five miles haul distance from an approved site within City Limits),complete Gal N/A in place per applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion, 132-16 applied at approximately 150SY/CY,(over five miles haul distance from an approved site Ton N/A within City Limits),complete in place,haul,rolled,compacted,etc. 32-17 Planing(Milling)(1"to 1 1/4")complete in place with all preparation,milling operations, SY 375,000 $ 130 $ 637,500.00 hauling,etc, 132-18 Planing(Milling)Additional(I")complete in place with all preparation,milling SY 37,500 $ 1.35 $ 50,625.00 operations,hauling,etc. B2-19 Proof Rolling complete in place with equipment,operator,etc. Hour 400 $ 86.00 34,400.00 1 Surface Treatment-HMAC,Type"D"per square yard/inch one to five miles haul 132-20 distance from an approved site within City Limits)complete in place with tack coat(SS- SY/lN 291,250 $ 6.60 $ 1,856,250.00 1H),placement,compaction,curing,hauling,etc. Surface Treatment-HMAC,Type"D"per square yard/inch over five miles haul distance 132-21 from an approved site within City Limits)complete in place with tack coat(SS-1H), SY/IN 281,250 $ 8.30 $ 2,334,375.00 placement,compaction,curing,hauling,etc. I I 132-22 Allowance for unanticipated Street Improvements LS I $ 10,000.00 10,000.00 Total Base Bid Items Amount JSurn of Extended Amounts for each Base Bid Une Item 82-01 through 82-22) 10,030,650.00 Bid Form Exhibit A 00 30 01-Page 2 of 4 Addendum No.6 Citywide Street Overlay and Seal Coat ICIIQ Project-Pilot Program Project No.E12215 Attachment No. 1 Item Extended Description Unit Estimated Unit Price —No. I I I Quantity Amount — Part C-Concrete Activities(Curb&Gutter/Driveways/Sidewalks etc.) Removal and Replacement Of multiple small segments of concrete Curb&Gutter, C2-01 complete in place with demo,disposal,forms,rebar,concrete,compaction,curing, LF 300 90.00 $ 27,000.00 finish,etc. QI C2-02 Removal and Replacement of 6"concrete driveway approaches, complete in place with SF 700 43.00 $ 30,100.00 demo,disposal,forms,rebar,concrete,compaction,Curing,finish etc. C2-03 Replacement of stamped 6"concrete driveway approaches, complete in place with SF 100 $ 50.00 $ 5,000.00 demo,disposal,forms,rebar,concrete,curing,compaction,finish,etc. I Replacement of"washed"6"concrete driveway approaches, complete in place with C2-04 SF 100 $ 49.00 $ 4,900.00 demo,disposal,forms,rebar,concrete,compaction,curing,finish etc. C2-05 Replacement of driveway approaches,complete in place with High Early Strength 6" SF 150 $ 44.00 $ 6,600.00 Concrete complete in place with activity C-03 above C2-06 Temporary Driveway Access;set-up,maintenance and removal EA 5 $ 1,100.00 5,500,00 C2-07 Removal of and Replacement of 4"Concrete Sidewalk&Bike paths,complete in place SF 500 $ 19.25 $ 9,625,00 with all demo,hauling,disposal,etc. C2-08 New 4"Concrete Sidewalk&Bike paths, complete in place with demo,disposal,forms, SF 100 $ 17.25 $ 1,725.00 rebar,concrete,compaction,curing,finish,etc. C2-09 Concrete Saw Cutting 4"Depth,complete in place LF 500 $ 6.20 $ 3,100D0 C2-10 Concrete Saw Cutting Additional I"Depth,complete in place LF 250 1.30 $ 325.00 C2-11 Concrete Joint Repairs for concrete roadways,removal and replacement,complete in LF 250 21.00 $ 5,250.00 place with removal,cleaning,disposal,and placement of new joint material,etc. C2-12 Allowance for unanticipated Concrete improvements LS 1 5,000.00 $ 5,000.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item C2-01 through C2-12) $ 104,12S.00 Part D-Minor Utility Adjustments(Manhole Ring&Cover/Valve Boxes etc.) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover D2-01 Assembly with New Height Adjustment Rings,Stainless Steel Inflow Inhibitor and with EA 125 $ 1,700.00 $ 212,500.00 Concrete Collar,complete in place with demo,disposal,forms,rebar,concrete,curing, compaction,finish,etc, Storm Water Manhole Ring&Cover Adjustment,including New Manhole Ring and Cover D2-02 Assembly with New Concrete Collar,complete in place with demo,disposal,forms, EA 125 $ 1,700.00 $ 212,500.00 rebar,concrete,curing,compaction,finish etc. D2-03 Water Valve Adjustment with Concrete Collar,complete in place with demo,disposal, EA 75 $ 780.00 $ 58,500.00 forms,rebar,concrete,compaction,finish,etc. Replacement of Concrete Collars with High Early Strength Concrete(in addition to unit D2-04 EA 600 $ 0.80 00 480� — price),complete in place with activity D-01 or D-02 above )10 132-05 Allowance for unanticipated Wastewater,Water and Stormwater improvements LS 1 5,000.00 $ 5,000.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Une Item 02-01 through 02-05) 488,980.00 Bid Form Exhibit A 00 30 01-Page 3 of 4 Addendum No.6 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.I 1 Item Description Unit Estimated Unit Price Extended No. Amount Part E-ADA Improvement Activities(Ramps/Approaches etc.) E2-01 Removal and Replacement of concrete Curb&Gutter Returns adjacent to ADA Ramp,, LF 1,600 $ 90.00 $ 144,000.00 complete in place with demo,disposal,forms,rebar,concrete,etc. E2-02 Removal and Replacement of 4"Concrete Sidewalk approaches to ADA Ramps,complete SF 12,800 $ 27.00 $ 345,600.00 in place with demo,disposal,forms,rebar,concrete,etc. E2-03 New ADA TDLR Compliant Concrete Curb Ramp and Landings,-complete in place with SF so $ 2,400.00 $ 192,000M demo,disposal,forms,rebar,concrete,delineators,etc. E2-04 Remove and Replace ADA curb Ramps and Landings not in compliance with TDLR with SF 80 $ 3,000.00 $ 240,000M demo,disposal,forms,rebar,concrete,delineators,etc. E2 New 4"Wide Concrete Header Curb(0 to 6"high)for offset elevation changes,complete -05 LF 250 $ 41.00 $ 10,250M in place with demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. E2-06 Allowance for unanticipated ADA Improvements LS I $ 5,000M $ 5,000.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E2-01 through E2-06) 936,950M Contract Duration(Note 2) H I Bidder agrees to reach Substantial Completion for Delivery Order 1 90 days I Bidder agrees to reach Final Completion in 105 days Notes I All bid items include the required labor,materials and equipment for the construction activities shown for a typical 365 calendar performance period 2 This an Indefinite Delivery Indefinite Quantity(IDIQJ Contract with a 365 calendar day base year with four(4)!-year optional extensions, Each Delivery Order will include a specific performance period and cost based on the contract bid prices and quantities approved by the engineer and city. 3 This contract allows for an annual econornic adjustment to the unit prices based an approved City indexes in January each year. Basis of Bid 2 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A2-01 through A2-24) $ 1,183,640.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item B2-01 through 132-22) $ 10,030,650M Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item C2-01 through C2-12) $ 104,125.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 132-01 through D2-05) $ 488,980.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E2-01 through E2-06) $ 936,850.00 Total Base Bid 2 $ 12,744,245.0q0 Bid Form Exhibit A 00 30 01-Page 4 of 4 Addendum No.6 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.01 2215' Attachment No.1 1 I 1 J t l Citywide Street overlay & Sealcoat IDIQ Program - Pilot Program BID l SCHEDULE - Part A, Project No.. E12215 l 1` r l l r r BASE BID B (COMBINED SEAL COATS AND OVERLAYS) f BW 1 l r t I, Farr Exhblt A Bass Bid 3(Comb"(Combimd SeW Costs Ove ) 003001-1 l r r r 003001 BID FORM EXHIBIT A-BASE BID 3(COMBINED SEAL COATS AND OVERLAYS) Project: Citywide Street Overlay&Seaicoat IDIQ Program-Pilot Program BID SCHEDULE-Part A,Project No.E12215 Owner: City of Corpus Christi,Texas Bidder: OAR: Designer: R.H.Shackelford,Inc. Basis of Bid Item Description Extended Items in Base Bid per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT Part A-General Activities(Mob/Demob,Traffic Controls,Markings&Profilograph Services) A3-01 Mobilization/Bonds/Insurance;(not to exceed 5%of total bid amount)to be authorized for LS 1 $ 940,000.00 $ 940,000.00 payment concurrent with overall progress A3-02 Traffic Control and SWPPP,Residential Streets;set-Lip,maintenance and removal,complete in EA 150 $ 800.00 $ 120,000,00 place per residential street A3-03 Traffic Control and SWPPP,Collector Streets;set-tip maintenance and removal,complete in EA 60 $ 3,200,00 $ 192,000.00 rt place per collector street A3- Traffic Control and SWPPP,Arterial Streets;set.Lip maintenance and removal,complete in place EA 30 $ 3,700.00 $ 111,000.00 P arte ial street I A3-05 Ozone Days DAY 5 $ 210.00 1,050.00 A3-06 Pavement Marking,Rcf1ectorized Thermoplastic,Type 1,90 mill thickness(W)(8")(Solid), LF 30,000 $ 0.47 14,100�00 complete in place with all surface preparation,application,etc. Extended Amount A3-07 Pavement Marking,Reflector ized,rhermoplast ic,Type 1,90 mill thickness (W)(4")(Broken), LF 60,000 $ 0.47 28,200.00 complete in place with all surface preparation,application,etc. �4 A3-08 Pavement Marking,Reflectorized Thermoplastic,Type 1,90 mill thickness(Y)(4")(Solid), LF 150,000 $ 0.47 $ 70,500.00 complete in place with all surface preparation,application,etc. en .in phi Raised Pavement Markets(Reflectorized),Type IC,HAA,or lC-R,as applicable corriplete in place �A A3-09 EA 2,500 4�20 $ 10,500.00 with ith all surface preparation,application,etc- A3-10 Speed Humps,marked with Thermoplastic,Type C,with no preheating or asphalt required,125 rf EA 40 2,200�00 $ 88,00aw mill,complete in place with all surface preparation,application,etc. A3-11 Pavement Markings(White 24""Stop Bar"Markings),complete in place with all surface LF 1,000 14.75 $ 14,750.00 preparation,application,etc. A3-12 Pavement Markings(Crosswalk Markings),complete in place(total width of crosswalk) LF 3,000 52.00 5 156,000.00 1complete in place with all surface preparation,application,etc. A3-13 JPavement Markings White"ONLY",complete,in place with all surface preparation,application, EA 50 $ 260.00 $ 13,000.00 etc. A3,14 I Pavement Markings White Turn Arrow Markings(Right,Left,Straight),complete in place with all EA 100 $ 200.00 $ 20,000.00 surface preparation,application,etc. A3�15 JCurb Painting(Yellow No-Parking Zone),complete in place with all surface preparation, L.F 1,000 $ 3-10 $ 3,100.00 applications,etc. A3-16 JCurb Painting(Red Fire Zone),complete in place with all surface preparation,applications,etc. LF 1,000 $ 3.1.0 $ 3,100.00 A3 17 Computerized Profflograph Services to include street surface evaluations with calibrated vehicle rt HR 250 $ 130.00 $ 32,500.00 and equipment and approved reports A3-18 Landscape Improvements,complete in place including 4"clean Top Sail,Sod,excavation, SY 150 $ 86,00 $ 12,900.00 backfill,compaction,with established growth A3-19 Door Hangars,complete in place delivered to the business and residences(two per property) LS 1 $ 22,800.00 $ 22,800.00 A3-20 Type I Self-Supported Temporary Sediment Control Fence, complete in place,maintained and IF 2,750 $ 13.00 $ 35,750.00 removed A3-21 Temporary Erosion Control Log,complete in place,maintained and removed EA 950 $ 150.00 $ 142,500.00 A3-22 Street Sweeping,complete in place per curb mile Mile 67 $ 750.00 5 50,250.00 A3-23 Irrigation System Allowance and Miscellaneous Planting Allowance LS I $ 4,200.00 $ 4,200.D0 Allowance for unanticipated General improvements ES 1 1 $ 10,000.00 $ 10,000.00 Total Base Bid Items Amount(Sum,of Extended Amounts for each Base Bid Line Item A3-01 through A3-24) $ Bid Form Exhibit A 003001-Pagel of Addendum No.6 Citywide Street Overlay and Seal Coal IDIQ Project-Pilot Program Project No E12215 Attachment No.1 rl Rem Estimated Extended Ctescription Unit Unit Pace po, Quantity Amount x Part 8-HMAC and Road Base Improvement Activities Sulagrade Repair up to 2"Depth(Cold/Hot)HMAC complete in place with excavation/removal, 133-01 placement,compaction etc. SY/1N 31,500 $ 23.20 $ 730,800.00 B3-02 Subgrade Repair up to 6"Depth(cement stabilization)complete in place with SY 31,500 $ 38.20 $ 1,203,300.00 excavation/removal,placement,compaction etc. B3-03 Cement stabilized base with typically 4%cement,existing limestone base.,3-6 inches,complete SY 31,500 $ 10.10 $ 318,150.00 in place with all grading,mixing,compaction,etc. 83-04 ITX5-475 Triaxial Geogrid,complete in place with material and proper placement SY 31,500 1$ 3.40 107,100.00 Base Repair,Upper 2"Depth(limestone)complete in place with excavation/removal, 83-05 placement,compaction etc. SY 126,000 $ 13.10 1,650,600,00 Base Repair,Additional I"Depth(limestone)complete in place with excavation/removal, B3-06 placement,compaction etc. SY 453,000 $ 2,40 $ 1,087,200.00 83-07 HMAC Saw Cutting 2"Depth,complete in place LF 10,000 3.30 33,000.00 B3-08 HMAC Saw Cutting Additional 1"Depth,complete in place LF 38,750 $ 1.20 $ 46,500.00 B3-09 Patching/Small Area Surface Restoration-HMAC,Type V'per square yard/inch complete in SY/IN 252,000 $ 12.25 $ 3,087,000.00 1place with small equipment placement,compaction,curing,hauling,etc. 6340 JCrack Seal complete in place with all surface preparation and application LF 32,425 $ 5.20 $ 168,610.00 Asphalt material,AC-15P,for Sealcoat Per Single Course(one to five miles haul distance from an 83-11 approved site within City Limits)complete in place with all surface preparation,application, Gal 56,063 $ 3.10 $ 173,795.30 curing,rolling/compaction,etc. Emulsion Cationic Grade(HERS-2P)typically applied at a rate ranging from 0.35 to 0.40 Gal/SY' 133-12 (one to five miles haul distance from an approved site within City Limits),complete in place per Gal 43,125 3.55 $ 153,093.75 applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion,applied at 83-13 approximately 150SY/CY,(one to five miles haul distance from an approved site within City Ton 2,130 $ 145.00 $ 308,850.00 ,Limits),complete in place,haul,rolled,compacted,etc. Asphalt material,AC-15P,for Sealcoat Per Single Course(over five miles haul distance from an 83-14 approved site within City Limits)complete in place with all surface preparation,application, Gal 56,063 3.75 $ 210,236.25 curing,rolling/Mrapaction,etc. Emulsion Cationic Grade(HERS-2P)typically applied at a rate ranging from 0.35 to OAO Gal/SY, 83-15 (gverfive miles haul distance.from an approved site within City Limits),complete in place per Gal 43,125 4.05 $ 174,656.25 applied rates and requirements Trap Rock(Basalt)Grade 5 Type E per specified gradation,decanted and la abrasion,applied at 133-16 approximately 150SY/CY,(over five miles haul distance from an approved site within City Ton 2,130 190.00 383,400,00 Limits),complete in place,haul,rolled,compacted,etc. B3-17 Planing(Milting)(1"to 1 1/4")complete in place with all preparation,milling operations, SY 375,000 $ 131 $ 641,250.00 hauling,etc. B3-18 Planing(Milling)Additional(1")complete in place with all preparation,milling operations, SY 37,500 $ 1.35 $ 50,625.00 hauling,etc. 83-19 Proof Rolling complete in place with equipment,operator,etc. Hour 450 $ 90.00 $ 40,500-00 Surface Treatment.-HMAC,Type"El"per square yard/inch Lant to five miles haul distance from 83-20 an approved site within City Limits)complete in place with tack coal(SS-1H),placement, SY/iN 281,250 $ 6.60 $ 1,856,250,00 ,compaction,Curing,hauling,etc. Surface Treatment-HMAC,Type"D"per square yard/inch Lover five.MLLes haul distance from 83-21 an approved site within City Limits)complete in place with tack coat(SS-1H),placement, SY/IN 281J,250O 8.30 $ 2,334,375.00 compaction,curing,hauling,etc. 83-22 Allowance for unanticipated Street Improvements L.S 1 $ 25,000.00 25,000.00 Total,base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line I#em 03-01 through 83-221 14,784,29155 Bid Form Exhibit A 00 30 01-Page 2 of 4 Addendum No,6 Citywide Street Overlay and Seal Coat IDIO Project-Pilot Program Project No.E12215 Attachment No 1 Item Estimated E Description Unit it Price xtended No. I Quantity Amount Part C-Concrete Activities(Curb&Gutter/Driveways/Sidewalks etc.) C3-01 Removal and Replacement of multiple small segments of concrete Curb&Gutter,complete in LF 400 94.00 $ 37,600.00 place with h demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. C3-02 Removal and Replacement of 6"concrete driveway approaches, complete in place with demo, SF 1,000 45.00 $ 45,000.00 disposal,forms,rebar,concrete,compaction,curing,finish etc. C3-03 Replacement of starnped 6"concrete driveway approaches, complete in place with demo, SF 200 $ 52.00 $ 10,400.00 ,disposal,forms,rebar,concrete,curing,compaction,finish,etc, C3-04 Replacement of"washed"6"concrete driveway approaches, complete in place with demo, SF 200 $ 52�00 $ 10,400.00 disposal,forms,rebar,concrete,compaction,curing,finish etc- C3-05 Replacement of driveway approaches,complete in place with High Early Strength 6"Concrete SF 150 $ 44.00 $ 6,600.00 complete in place with activity C-03 above C3-06 Temporary Driveway Access;set-up,maintenance and removal EA 8 $ 1,100.00 $ 8,800.00 C3-07 Removal of and Replacement of 4"Concrete Sidewalk&Bike paths,complete in place with all Si 600 $ 19.75 $ 11,850.00 demo,hauling,disposal,etc. C3-08 New 4"Concrete Sidewalk&Bike paths, complete in place with demo,disposal,forms,rebar, SF 200 $ 17.25 $ 3,450.00 concrete,compaction,curing,finish,etc, C3-09 Concrete Saw Cutting 4"Depth,complete in place LF 700 6.30 4,410.00 C3-10 Concrete Saw Cutting Additional I"Depth,complete in place LF 350 1.30 455.00 C3-11 Concrete e Joint Repairs for concrete roadways,removal and replacement,complete in placer I F 350 $ 21.00 7,3:f0.06 with removal,cleaning,disposal,and placement of new joint material,etc. C3-12 Allowance for unanticipated Concrete improvements LS 1 $ 6,500.00 6,50CY00 Total Base Bid Items Amount JSurn of Extended Amounts for each Base Bid Line Item C3-01 through C3.12) $ 152,815.00 Part D-Minor Utility Adjustments(Manhole Ring&Cover/Valve Boxes etc.) Sanitary Sewer Manhole Ring&Cover Adjustment,including New Manhole Ring&Cover D3-01 Assembly with New Height Adjustment Rings,Stainless Steel Inflow Inhibitor"arid with Concrete. EA 175 $ 1,700.00 $ 297,500.00 Collar,complete in place with demo,disposal,forms,rebar,concrete,curing,compaction, finish,etc. Storm Water Manhole Ring&Cover Adjustment,including New Manhole Ring and Cover D3-02 Assembly with New Concrete Collar,complete in place with demo,disposal,forms,rebar, EA 175 $ 1,706.00 $ 297,500.00 concrete,curing,compaction,finish etc. D3.03 Water Valve Adjustment with Concrete Collar,complete in place with demo,disposal,for ms, EA 125 $ 790.00 $ 98,750�00 rebar,concrete,compaction,finish,etc. D3-04 Replacement of Concrete Collars with High Early Strength Concrete(in addition to unit price), EA 1,100 $ 0.80 $ 880.00 complete in place with activity D-01 or D-02 above D3-05 Allowance for unanticipated Wastewater,Water and Storrnwater improvements L5 1 $ 7,500,00 $ 7,500.00 1 1 1 1 rotal Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Urre Item D3-01 through D3-051 702,130.00 Bid Form Exhibit A 00 3001-Page 3of4 Addendum No 6 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No.E12215 Attachment No.1 Estimated Extended Item Description Unit No. Qu I antity Amount Part E-ADA Improvement Activities(Ramps/Approaches etc.) E3-01 Removal and Replacement of concrete Curb&Gutter Returns adjacent to ADA Ramps, LF 1,600 $ 91.00 $ 145,600.00 complete in place with demo,disposal,forms,rebar,concrete,etc. I E3-02 Removal and Replacement of 4"Concrete Sidewalk approaches to ADA Ramps,complete in SF 12,800 $ 27.00 $ 345,600-00 place with demo,disposal,forms,rebar,concrete,etc. New ADA TDLR Compliant Concrete Curb Ramp;complete in place with demo,disposal,forms, E3-03 SF so $ 2,400.00 $ 192,000.00 rebar,concrete,delineators,etc. Remove and Replace ADA curb ramps riot In compliance with TDLR with demo,disposal,forms, SF 80 3,000,00 $ 240,000.00 E3-04 rebar,concrete,delineators,etc. New 4"Wide Concrete Header Curb(0 to 6"high)for offset elevation changes,complete in E3-05 LP 250 41.00 10,250.00 place with demo,disposal,forms,rebar,concrete,compaction,curing,finish,etc. E3-06 Allowance for unanticipated ADA Improvements LS I 5,000M 5,000.00 - Tout Base Bid Items Amount(Sum,of Extended Amounts for each Base Bid Line Item E3.01 through E3-06) T$ Contract Duration(Note 2) F—H TBidder agrees to reach Substantial Completion for Delivery Order 1 90 days I 1Bidder agrees to reach Final Completion in 105 days Notes I All bid items include the required labor,rnateriials and equipment for the construction activities shown for a typical 365 calendar performance period 2 This an Indefinite Delivery Indefinite Quantity IIDIQ)Contract with a 365 calendar day base year with four(4)3-pear optional extensions. Each Delivery Order will include a specific performance period and cost based on the contract bid prices and quantities approved by the engineer and city. 3 This contract allows for an annual econornic adjustment to the unit prices based on approved City iridp.,,es in January each year. ICI Basis of Bid 3 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A3-01 through A3- Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 83-01 through 83-22) $ 14,784,291.55 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item C3-01 through C3-12) $ 152,815,00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item D3-01 through D3-05) $ 702,130.00 Total Ease Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E3-01 through E3-06) $ 938,450.00 Total Base Bid 3 $ 18,673,886.55_ Bid Form Exhibit A 00 30 01-Page 4 of 4 Addendum No.6 Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No E12215 Attachment No.1 4f 00 30 01 BID FORM EXHIBIT A SUMMARY Project: Citywide Street Overlay&Sealcoat IDIQ Program-Pilot Program BID SCHEDULE-Part A,Project No,E1221S Owner: City of Corpus Christi,Texas Bidder: Bay Ltd. OAR: Designer: R.H.Shackelford,Inc. Basis of Bid 1 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item Al-01 through A1-24) $ 931,340.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item B1-01 through 81-22) $ 4,942,899,05 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 01-01 through CI-12) $ 47,430.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item D1-01 through DI-05) $ 225,425.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E1-01 through E1-06) N/A Total Base Bid 1 $ 6,147,094.05 Basis of Bid 2 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A2-01 through A2-24) $ 1,183,640,00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item B2-01 through 132-22) $ 10,030,650.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item C2-01 through C2-12) $ 104,125.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item D2-01 through D2-05) $ 488,980.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E2-01 through E2-06) $ 936,850.00 Total Base Bid 2 $ 12,744,245.00 Basis of Bid 3 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item A3-01 through A3-24) $ 2,096,200,00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item 113-01 through 83-22) $ 14,784,291.55 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item C3-01 through 0-12) $ 152,815.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item D3-01 through D3-05) $ 702,130.00 Total Base Bid Items Amount(Sum of Extended Amounts for each Base Bid Line Item E3-01 through E3-06) 1 $ 938,450.00 Total Base Bid 3 $ 18,673,886.551 Bid Form Exhibit A 00 30 01 -Pagel of I Addendum No.6"" Citywide Street Overlay and Seal Coat IDIQ Project-Pilot Program Project No, E12215 Attachment No. 1 II 1 l w v � � 4 SIC— +execs A w4awm IT a 1°*1.1 to c _j e- IL l IS 0,1 E,l B "All—1—5.111,A111.1 51-1, LA I AY.W—n- no ktel ac en if a?4 341M1 t42t� P...11h 1,9.-11--(Y) A- 31,12c A'+' 1-c'"P.13 A.,I—I I CC Pr 11p, C., CR 255 25"1 Al 11 16 pPlaPt AS —10 1—All—M- M101,I,f[ pwl.­0 m—WO.1 L I A 16 cuPo P—Iftl File 2—L rmmPlavm in Fwll wItt,wl --,'Pol—I.,etl 5I c W. 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'M d'— I—, b UA S t pGGEtlEaw3 i3irt-4-0�af feM u 3 a 1..-aNd&NpaN v x4 umpa mpPcwW wa acl pwxa,vw:x wnaam lcl f.b e aoo n,ap anatl dnxl rlIdbmmiUP„npl x: d( nmpfpf Cm y nrt ld Mam Gn�Cln,op sdb8cmdo.x1 u uN rtexapv xmrnctr.r iawC sl n.d a,oW varf We fMcbz wr'aP Ms asV rAmrbw,p.fl rdmwapwevsn taan/'..x tYeA.AaCr nepen,w mtn wYm p olF,d.wa.&e:rrrd wIeGV r. xuaSarnt k,m Ippl�'xx r x'e~2Hri h aa�rntGwNbrnwrhn e,t.ge tl xe}.e.j'xn GM na4 tl rdp a i tA'wAN n A tNo apmttn pp C AG TCI A p. fI,—I—Na wit'do oP,cMnmxia,p Wrl.Md'me pin la prNW e—d r�e _Sfif�f s F _�_u ttD l l _ e --- --- -- 9 — dl 63SN Nn rw, dk Pl NYJ 11—,ml far¢x.-11 TGpk Ybe A,tlisspp I,hmml ramar, SF f e1d Nna Wd G d.C rG IG iFi`hgl)1 aH .. rpn eFVdppxs epmPxxlxf 'n placpw[fi damp, -- j [� ditrybsdl 1 rabMr,pdn2.fxtx W b^&I ish,etr,,. r if U PypW,ANpwance Por Vr anvVtiWatntl MDAdrnpnwsm L$ 0 �-- — - /�T Ip I Irk I' i ikraix M CYaWwry Cadar Np.t Adpm—Nb.K ChY——.1—.1 IPY..FYriprami.r+Yea- 'E=16 A�1eM61�WaPa tl m 8 igrnvn i'srrWxx;k Nu- iI Np I f"nga 3 aF 4 �r r I 0 %r rj r Ir l 1 1 Delivery order No 1 Areenal "oleccor- local-Overlay Basic of Delivery Order No.1-2014 tem Descrifrtdan Unit ta¢.-1 1-1 aaruwrw lam wiacnaa aznc arrFOao saxEnas, Items in Base Bid( circa) g Allowances}per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT' AtNeM;rar'Pm. MORGM 9GNOiRA CHEYENNE 2'xrvp 1'AR TON ..Part A-General Activities Mob/Demob,Tr fie Controls.,Markings&ProHlograph services) MCIRG- Eu.110RD 19TH Gro'GA L 191H BA r,, A13-02 Mob I zaY 4 r(&ndz,/i st r ce,(of to exceed 5%of total bid amount)to be authorized for payment cancvrcent wrth we atlV progress 0.1 l"affic Cornr.I and SWPPP,Residential Streets,set-up,maintenance and removai,complete In place per -02 ,,,,deny)street EA 4 1 1 1 1 A3 Traffic Controi and SWPPP,Collector Streets;set-up maintenan cc and removal,complete in place per i -03 collect.,street EA 1 Traffic Control and SWPPP,Arfe.rW Streets;,set-up maintenance and nnum ai,complete in q—,pwr arteniai EA 1 9 A3-k 4 Stfem A3-05 Ozone Days DAY 0 Pavement Marking,Reflectoo ed Therm.plact..,Type,1,90 mill thickness(W)(8")(Solid),complete in brace A3 D5 with It surface prep—b-,application,etc. LF 100 10G A3-07 Pavement Marking,Reffectmlzed Thermoplastic,Type 1,90 mill thickness(W)(4")(Broken),compi.n,ire 1 3,750 place with all sorfece preparation,application,,eft. LF' 3,7501 Pavement Marking,Refieatorized Thermoplastic,Type 1,90 mild thickness(Y)(4")(Solid),complete in place A3-0E LF 91450 e,stra 1950 with all surface preparation,application,etc. Raised Favement Markers(Reflect.rued),Type.V-C,Type 11.A-A,Type 11 C-C.e Type 11 C-R,as applicable EA 33 33 Ara-09 complete in p Fdace with all surface preparation,a¢splufalipn,etc. A3-10 Speed Humps,marked with Thermoplastic,Type C,with no preheating or asphalt.required,125 mitt, complete in place with ail surface preparation,application,etc. EA 1 2 Pavement Markings(White 24""Stop Bar"Markings),complete In place with ali surface preparation, A3-11 application,etc, LF 0 Pavement Marings(Grersswalk Markings),complete lrn place(total width of crosswalk)c.mWlete 1n place y A3- LF 157 120 37 with all surface preparation,app)-ration,eta. A3-13 Pavement Marking,White"ON 1-Y",complete to place with all surface preparation,application,atc. LA 0 Pavement Mark gs White,Turn Arrow Markings(Right,Left,Straight),complete In place with ark surface r A3-14 A 0 preparation,application,etc:. A3-15 Curb Painting(Yellow No-Parking Zone),complete do place with all surface preparation app{ic-atlan,etc. LF 0 A3-16 Curti Pamtmg(Red Fbe Zone),co tpleke in place with all surface preparation application,etc LF 1.80 1aq Computerized Prof dograph Services to Include street surface evaivations with calibrated vehicle and NR 0 1' A3-17 egepo end and app Cued reports Landscape Imprxrvreonent,s,scrnPletc in place including 4"clean Top snit,5.q excavation,backf ll, i) A.3-18 cmolb.c rsh,whir established growth SY 0 A3-19 Doo Hangars,cornpene to place del vered to the business and evidences(two per prmperty) LS 1 A3-20 Type 1 Self-Supported Temporary Sedrment Control Pence,complete Iry place maintained and removed LF 0 A3-21. Temporary Erosion Control Log,complete in placc,maintained and removed EA 0 A3-22 Street sweeping,c.mpieke in place per curt,mile MI 0 A3-25 Irrigation System and Miscellaneous Planting Allowance LS 0 A3-24 Allowance for unanticipated General Improvernents L5 0 Baxis of Cie,vory Order N..t-Exhibit A 00 30 01 Page 1 of 3 Addendum No,6 Caywide StmeP C—bsy S..1co.t IDR2 Program-P.rat Program Pr)ect No.E,12.2.15 Attachment No 2 Page 4 of 6 r i 0 i I' r I' i 1 l 1 ) r 1 1 1 t i f I 1 ( Delivery Order No f Pare'.B-HMAC and Road Base Imprrwcmant.Activities Subgrade Repair up to 2"Depth fCold/Hbq HMAC'complete,In ca place with e v�ation{removal,placement, 53-01. SY/IN 0 ompactior,etc, f 63.02 Subgrade Repair up to 6"Depth(cement staiddict ucht)complete In place voth sxc.avadon/removal, placement,compaot en etc SY G C,err ent stabilized has with typically 4%cement,existing limestone base,3-6 inches,complete in place with. B3-q3 SY d all grading,mixing r pactian,etc. t, 93-04 TX5-47S Thaxial Geogrid,complete in place"I'll.ritithenal and proper placement SY 24 13 2 2 E 4 r 3 g,-0S cone Repair,Upper 2"S1cnPth(lirc vtcme)compere in place with excavariory{eemavaY,Placemrnk, k compaction etc. 5Y 24 13 2 2 8 4 3 1 Bid#' Base Repair,AddotlenaE 1"Depth(limestone)campiete in plane with excavation/removal,placement, SY 88 39 5 7 is 11 9 crxmfaction etc. 53417 HMAC Saw Cutting 2°Depth,cur rplete in place iF 442 110 16 32 210 32 42 Bi-qF HMAC Saw Cutting Additional 1"D pth,complete at piece L 1,104 440 32 64 420 64 84 patch ng/Smatl Area Surface Restoration-HMAL Type per sq n,e yard/inch complete in place with 534 small equipment placement,compaction,during hauling,etc, SY/IN 2E 1.4 0 4 3 B?,-10 Crack Seal complete in place with all urtere preparation and application LF 0 Asphalt material,AC-SP,for Sealcoet Per Single Course(one to five miles hand distance from arc approved a3-11 site within City Limftsl crunplete-n place with all surface preparation,q pli. cm ounug,roliing/compa lucm, Gal D of Emulsion Cationic Grade(HFRS-2P)typically applied w a rate ranging front 035 to 0.40 Gal/SY,lone to five B3-12 miles haul distance from an approved site.witkhVrr City Limits),complete in place per applied rates and Gal Ct requirements Trap Rock(Basalt)Grade S Type E per specified gradation,decanted and la tibraslon,applied at B3-13 approximately 150SY/CY,(one to five miles haui distance from an approved site within City i..imlts),complete Ton 0 in pure,haul,relied,c:ampad'ed,etc �_- Asphalt motenal,AC-25P,for Sealct r per Single Course(over five milers Kati distance.from an approved site Oaf G 83-L4 within City Umus compete in y y p# plate with all surface preparation,application,curing,railinglcampactron,etc.. Emulsion Catienie Grade(HERS-2P)typically applied at a late ranging from 0.35 to 0 4 Gal/SY,over five_ B3-15 mile train distance from an approved site within City Limits),complete.in place per applied cafes and Gal 0 onlunnertirrints Trap Rock(BasaltY Grade S Type E per'pe cified gradation,decanted and la abrasion,applied at 83-16 approximately I-rDSY/CY,(over five miles,haul distance from an approved site within City Limits),complete In Ton 0 place,haul,relied,compacted,etc 9 B3-17 Plar ing(Milling)(1"to 1114")cnmPiete in p4aca with all preparat rn milling,operations,hauling etc'. SW' 46,590 14,0(0 4,000 7,900 1,680 2,400 7,000 0 i B3-1& Planing,(Milling)Additional(1")compipte in place witty all preparation,nrllir g nF rmineina,hauling„etc, SY 0 83-19 Proof Rolling completp in place with equmntent,ope her,etc Hour B3-2p Surface Treatment HIt4AC,Type D F square yard/inch 14_n to ,pj4g,;.haul d,to ice from an approved site within CA),Urarcx complete in place will tack coat(S5-1H),placement,compaction,curing„hauling,etc. `iY/1N 46,580 24,000 4,00(1 7,900 1,680 2,4M 7'ooc Surface Treatment-HMAC,Type D'per square yard/inah Lqver fiv.rrlflas tta)V d-sfangd from an approved Sy/IN Ct 59i-21 xlre ithm City Lirnrrsb complete in place with tack coat(SS-IH),placement,comp coon,curing,hauling„cht- B3-22 All.....for inantougaited Street improvements _ L5 it B...of Dailvary Order No 1-Exhitriv A qC 30 01 Page 2 rd 3 Addendum No 6 Citywide Street Overlay FSecror at JDIQ Program F i➢ot Program Pnrjacf Na.E1, 15 Attachment No 2 l Pape.B of 6 l it r I i J' 0% Mhuery Order No 1 Part C-Concrete Activities(Curb&Gutter/Driveways/Sidewalks etc,) Removal and Repiaremore of multiple:small taO segments of concrete Curb&Gutter,complete in place with C3'D 1 LF Cl name,dl,md-1,fp—r, .bar,rmcrol.,cornpach.,conjug,fimeh,eq, C3-02 Rernoyaf and Replacement of G"concrete driveway approaches,complete In place with T—.,—dlp.4 form,rebar,cone ate compaction,noting,fin st etc. S{ G Replacement of stamped V cmicrele cirivewav approaches,complete in place with demo,disposal,forms, _3_03 SF 0 C;_04 Replacement of"—hod G"concrete cinveway aptimicre,complete,at place witc,dome,ifispe.1, rebar,concrete,compaction,curing,finish etc. Sr 0 C3_05 Replacement of dr vcw.y approach,,,complete in place with High Earty SATerigm 6"Co;'poto complete n' SF 0 Place,with aclhmy C-03 abrrve C-1-06 Temporary Driveway Access;sen-sup,maintenance surd removal LA 0 of and Replacement 14"Concree,Sidewalk&Binelooh,,,complete in place with all demo,hauling C3-07 RemovaI depers.8'etc, 0 C3-0& compaction,4"Concrete Sidewalk&Bikep,dins,complete in place with desire,dfi,prrsal,forms,rep.,,scarcift-, SF conditioner,curing,finish,etc. C3-09 Concrete Saw Cutting 4"Depth,complete in pace LF 0 CB-10 Concrete Saw Cutting Addidimoil V Depth,complete io place LF 0 Concrete Jo CS-I 1 d,:.tR,:P:rd for concrete roadways,removai and replacement,complete in place with removal, d, Lc chninirig, cenT.",of neviv joint material,etc. C n 12 Allowance for unanticipated Concrete Improvements LS 0 Part D-Minor Utility Adjustments(Manhole Ring&Cover/Valve Boxes etc.) - Height.,Sanit.of Sewer Manhole lung&Cover Adjustment,including New Manhole Ring&Ea-ver Assembly with New — D3-0, Adjustment kings,Stainless Steel Inflow inhibitor and with Concrete Collar,complete in place with EA 0 demo,disposal,forms,rebar,concrete,curing,copmacLion,finish,etc Sturm Water vipmritme Ping&Cover Ach.star ut,inducing N aw Ma hung,Ring and Cover Assembly with D-;-02 New Concrete Collar,complete in place with demo,d m disposal,fors,rebar,concrete,curing,compaction, EA G firmin em. D3-01, water Valve Adjust ment,with Concrete Collar,complete in place with as—,disposal,forms,rep.,, concrete,compact ico,ft c finish,e , EA 0 D3-D4 Replacement of Concrete Collars wuh High Early Strenth Concrete(in addition to unit price),complete t _pd,re ithiictnftyD-01.,0.02above 5F I D-3-03 Allowance,for unanticipated Wastewater,Water and 51ormwater improvements —L 1 Pam E-ADA Improvement Actidintier(R.pqdr/App,p.ctws etc.) E3-0y. Removal and Replacement of concrete Curb&Gutter Return,adjacent to ADA Ramps, Plate LF a a r 77----7 with demo,disp-1,forces,relaw-, on crate,of, Removal and Replacement of 4"Concrete Side,yalk approaches to ADA Ramps,con plat in place with demo, disposal disposal,ionrm reba,,onn"rete I,ot, Sl' 1,320 40 1,290 L��-03 New ADA TDLP Complono Cbnrceh,� orb Ramp;complete in place with dem.,disposal, concrete,del nests etc, Sf 0 Remove and Replace ADA curb ramps but in corriciliance with TDLR with—demo,disposal,—forms, ---- E3-04 concrete,del—atsur,etc rebar, Sp 20 4 16 ri E3-05 New 4"Wide Concrete Header Curb(D to 6"highll for offset elevation changes,complete in place wqf'darns,I LF Cl ahsporai,forms,rebar,concrete,compaction,curing,finish,etc. Basis of Delivery Omar No 1-Exhibit A 00 3TJ 01 Page 3 of 3 Addendum Na..6 C4—dis Street 0-hfu,Socilcoot IDIO Pro inns FIkb Pogo.n Pniisrc Na.P-12215 Apachroant No 2 Page 6 of 6 003002 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 7-252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: eta government entity may not award a governmental contract to a nonresident bidder unless the nonresident underblds the lower bid submitted by a responsible resident bidder by an amount that Is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state In which the nonresident's principal place of business Is located.' "Nonresident bidder"refers to a person who Is not a resident of Texas. 'Resident bidder'refers to a person whose principal place of business Is In this state,including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that Is correct for Bidder. [3 Bidder qualifies as a nonresident bidder whose principal place of business or residency is In the State of []Y' Bidder(includes parent company or majority owner)qualifies as a resident bidder whose principal place of business Is In the State of Texas, The Owner Will use the information provided In the State of Texas Comptroller's annual publication of other states'laws on contracts to evaluate the Bids of nonresident Bidders. Bidder: Company Name: 1� 4Le r 4 C 0 C,4, 0, Y)M hoq L I —(tWe—d or printed) By: (sigh4ure—attach evidence of authority to sign) Name: (typed or printed) Title: Business address: If S)E, 7'X - '7? 4 L14 W Phone: Email: L 4L VIS Z C, if END OF SECTION V Compliance to State Law on Nonresident Bidders DO 30 02-1 Corpus Christi Standards-Regular Projects 09-25-2013 f 003003 COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code, The Bidder hereby certifies that the Contract Price Is divided as follows: Tax exempt products,materials and services(See Notes I and 2) 0 0 0- 0 0 Taxable products, materials and services(See Note 3) $ 7-- Total(Total must equal the Contract Price) $ Bidder* Company Name: r I a L V' b'B A L (typed or printed) By: (signature—attach evidence of authority to sign) Name: L (typed or printed) Title: Business address: 11 0 C Phone: )-1 -3-7-z t Email: C.0 Notes: 1. Exempt products and materials are those Items purchased for the Project which are physically Incorporated Into the facilities constructed for the owner or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition,products and materials are completely consumed If after being used once for Its Intended purpose It Is used up or destroyed. Products and materials rented or leased for use In the performance of the Work cannot be completely consumed for the purposes of this definition. 2. Exempt services are those services performed at the Site where the Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service Is Integral to the performance of the Work. 3, Products,matemils,and services are not tax exempt If they are used by the Contractor but are not physically Incorporated Into the Owner's facilities or are not consumed by construction as defined above. Machinery or equipment and Its accessories and repair and replacement parts used In the performance of the Work are not exempt 4. The sum of the amount for tax exempt products,materials,and services and taxable products,materials,and services must equal the Contract Price, END OF SECTION (rr Compliance to Texas Sales Tax Code 003003-1 Corpus Christi Standards-Regular Projects 09.25-2013 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the low by HA 1491, 80th Leg., Regular session. OFFICE USE ONLY This questionn sire is being filed In accordance with Ch apter 176,Local Govern ment Cod e Dais R,,,j,Ld by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthis questionnaire must be thed with the records adminwrator-of the local governmental entity not laterthan the 7th business day after the date the person becomes aware of facts that require the statement to be riled. See Section 176,008,Local Government Code. A person commits an offense If the person knowingly violates Section 176.006, Local Government Code.An offense underthis section Is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity, �4 ZA Checkthis box If you arefiling an updateto a previously filed questionnaire (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes Incomplete or Inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, 8, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section IMOM(1-a),Local Government Code. Attach additional pages to this Form CIO as necasseq. k Is the local government officer named In this section receiving or likely to receive taxable Income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than Investment income,from or at the direction of the local government officer named in this section AND the taxable Income is not received from the local governmentEd entity? C Is the filer of this questionnaire employed by, a corporation or other business entity Mth respect to which the local govenirritint officer serves as an officer or director, or holds an ownership of 10 percent or more? ~ D. Describe each employment or business relationship with the local government officer named In this section. h.-4SI9 4,fmn dZg bu`slnef�kh the�,rnaiental�Ity Date f 00 30 05 City of Corpus s C".hrist! Disclosure of Interest sr1 MBE ERN UMBER PURC o c�rvtstcx�r City CITY OF CORPUS CHMSTI C us IL J Christi 1 Cit y of C us Christi O ance 12112,as ended, requires all persons or fa s seekin��g to do business wi the City to provide the following information. Every qquestion must be answered. Lf the question is not ap.plica le, answer with "NA'". See reverse side for Filing Requirements, Certifications and definitions. COMPANY A L w P.C.. OX: q Ct STREET ADDRESS: 1 g r *. "r j . " 1 FERM 1S. 1. Corporation ® 2. Partnership 3. Sole Owner C] 4. Association 3. Other i DISCLOSURE QUESTIONS If additional space is necepsag,please use the reverse side of this age or attach sea sheet. 1. State the names of each employee"" of the Ci of Corpus hristi having an "ownership interest"' constituting 3%or more of the ownership in the move named°`firm." Name ,lob Title and City Department(if known) t r 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest f' J constituting 3%or more of the ownership in the above named"firm." ?dame l Title ( 1 3. State the names of each"board member"of the Cite of Corpus Christi having an "ownership interest" co tuning 3%or more of the ownership in the above n "firm." Marne Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who l worked on an � matter related to the sub`ect of this contract and has "ownership interest" constituting 30 or more of the ownership in e above named"firm." Name N-1 A Consultant F p r r r r f J i l i i i FILING REQUIREMENTS y If'a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distainguishable 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 1 in a signed writing to the City official,emplo�yee or body that has been requested to act in the chatter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary, [Ethics Ordinance Section 2-349(d)) 1 CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be pronnpttlfy submitted to the City of Carpus Christi,Texas as changes occur. Certifying Person: 0 r, Title: crypt or Nnt� Signature of Certifying % M hate: ( C l Person. , DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City 1 Council of the City of Corpus Christi,Texas, b„ "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an r effect on that interest that is distinguishable from its efct on members of the public in,general or a 1 substantial segment thereof: 1 c. "Employee," Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. i d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service.,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,,point venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations, e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court.fudges of the City of Corpus Christi,Texas, t f, `Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including Nvhen such interest is held through an agent, trust„ estate, or holding entity. "Constructively helm" 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. 1 t( t I' f r; i f 003006 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street j Carpus Christi,Texas 78401 CONTRACT: Cltywide Street Overlay and Sealcoat Indefinite ilellrveryjindefinite Quantity Program -Pilot Program, Project No.E12215 I Bidder certifies that the It has not been a party to any collusion among bidders in the restraint of freedom of competition by agreement to submit a bid at a fixed price arty refrain from bidding;or with any official or employee of the Owner as to quantity,quality,or price In the prospective contract,or any other terms of said prospective contract,or In any discussion between bidders and any official of the I Owner concerning exchange of money or other thing of value for special consideration In the letting of a contract. 1 Company Game: V a� C O �^ �.f D (typ ar printed) I By: nature--attach evidence of authority to sign) Came: (typed or printed) Tittle: Business address: o a J((II r Phone: t t - 7_0 Email: a END OF SECTION 1 r 1 1 Non-Collusion.Certification 3Q 0 -1 I CC Corpus Christi Standards-Regular Projects 05-25-2013 1 1 i i% i i fl N t SPECIAL MEETING OF MANAGER S BERRY OPERAUNG COMPANY,LLCM January 8, 2002 Berry Operating Company,LLC, general partner of Berry Contracting, LP dba Bay Ltd. held a special meeting this 8"'day of January 2002. Edward A. Martin, President,presided as Chairman and DonEtta Beaty served as Secretary. All jilariagers were present and waived notice of call and purpose of meeting. Mr. Mai-tin said that with the resignation of Howard Kovar, D. W. Berry had been named interim Division Manager for the Ilighway Division, He further said that the purpose of this meeting was and to name the individuals authorized to act.for and on behalf of Bay Ltd. Flighway Division in connection with matters relating to the Tcxas Dcpartnient of Transportation and other state, municipal, federal, quasi governmental entities and private bodies. RESOLVED, that the following narned individuals be empowered to act for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds,bids,offers or other arrangements arid revisions, changes or modification of same as the needs of the company may require. K. J. Lathan President D. W. Berry Nice President M. G. Berry Vice President A. L. Berry Vice President Edward A. Martin Vice President D E. Spangler Vice President FURTHER.RESOLVED that in the event D. W. Berry is unavailable, Mr. Jon Lentz is empowered to sign contracts,bonds, bids, offers or arrangements and revisions, changes or modifications of same as the needs of the Highway Division of Bay Ltd, may require,hereby ratifying arid affirming all such acts. FURTHER RESOLVED that Jon I.,entz, I-A.stimating Manager and James Wright,Adniiilistrative Manager are specifically empowered to act for and on behalf of Bay Ltd, to sign "Proposal To the Texas Department of Transportation". rr FURTHER LtESOLVED that the Secretary-Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested rf S, parties with the knowledge that such parties sill rely upon same Until actual receipt of written notice of change, deletion, modification, or revocation of such authority. Approved Correct: Hdward .A. 'Jartin,President& CTIO Attest: Don Ella.Beaty, ecr tar. Ceilification of Secretary I.,Don Etta Beaty, Secretary of Berry Operating Conipeffly,LLC certify that the above are minutes of a special mecting of the Managers of Berry Operating Company, LLC general partner of Ben y Contracting,LP dba Bay I_,td.held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in fiall force and effiect this the 8"' day of January 2002,to which witness my hand. �44*&Zeg 7;Pr DonEtta Beaty, Secretat 0 BID BOND r KNOW ALL MEN BY THESE PRESENTS,that we BERRY CONTRACTING, LP DBA BAY LTD. as Principal,hereinafter called the Principal,and CONTINENTAL CASUALTY COMPANY a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety,are held and firmly bound unto CITY OF CORPUS CHRISTI as Obligee, hereinafter called the Obligee,in the sumof FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars($50 G.A.B. for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. 11 WHEREAS,the Principal has submitteda bid for CITY WIDE STREET OVERLAY AND SEALCOAT INDEFINITE DELIVERY/INDEFINITE QUANTITY PROGRAM-PILOT PROGRAM PROJECT#E12215 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13TH day f NOVEMBER 2013 r Y +? r BERRY CONTRACTING, LP DBA BAY LTD � (Principal) (Seal) (Witness) By: , . , Z (Title) r �f CONTINENTAL CASUALTY COMPANY r% (Surety) (Seal) r (Witness) By: (Title) MA LEN MOORE,ATTY IN FACT i Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. o 1% i The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A c POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT i Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint R M Lee, Mary Ellen Moore, Steve Addkison, Tami J Duncan, Cathleen Hayles, Danielle Harris, Kerry Mc Intosh, Individually r t of Corpus Christi,TX,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. fl This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly F j adopted,as indicated,by the Boards of Directors of the insurance companies. J I i In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto j affixed on this 25th day of July,2013.. AS 4 04$11* aR Continental Casualty Company J o00�re ,� National Fire Insurance Company of Hartford F American Cas ]ty Company ofReading,Pennsylvania O e 1W.Y�1, o SEAL. Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 25th day of July,2013,before me personally came Paul T.Bruflat 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. fF rwr+-w.,r,�,rr�«�wrti+ J.MOHR ISSOUTHOAKOTA t My Commission Expires June 23,2015 J. Mohr Notary Public ff I CERTIFICATE IF I� i,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 7 3TF.i day of_ NOVEMBER 2013 pyGA cry *►SUq� 00 Continental Casualty Company National Fire Insurance Company of Hartford vop�r ` .w�°�'`' rt American Casualty Company of Reading,Pennsylvania p ` JULY 11. f 199RZ 1897 NpR • ����.. D. Bull Assistant Secretary f Form F68534/2012 r i i r I SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC January 8,2002 Berry Operating Company,LLC,general partner of Berry Contracting,LP dba Bay Ltd.held a special meeting this 8th day of January 2002. Edward A. Martin, President,presided as Chairman and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr. Martin said that with the resignation of Howard Kovar,D. W.Berry had been named interim Division Manager for the Highway Division. He further said that the purpose of this meeting was and to name the individuals authorized to act for and on behalf of Bay Ltd. Highway Division in connection with matters relating to the Texas Department of Transportation and other state,municipal, federal,quasi governmental entities and private bodies. RESOLVED,that the following named individuals be empowered to act for and on behalf of Bay Ltd.as to the making and signing of contracts, bonds,bids,offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. , K.J. Luhan President D. W. Berry Vice President M. G. Berry Vice President A. L.Berry Vice President Edward A.Martin Vice President D. E. Spangler Vice President FURTHER RESOLVED that in the event D.W.Berry is unavailable,Mr. Jon Lentz is empowered to sign contracts,bonds,bids,offers or arrangements and revisions,changes or modifications of same as the needs of the Highway Division of Bay Ltd.may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Jon Lentz,Estimating Manager and James Wright,Administrative Manager are specifically empowered to act for and on behalf of Bay Ltd. to sign"Proposal To the Texas Department of Transportation". FURTHER RESOLVED that the Secretary-Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested it • a parties with the knowledge that such parties sill rely upon same until actual receipt of written notice of change,deletion,modification,or revocation of such authority. Ne. Approved Correct: a Edward A. Martin,President& CEO Attest: )60eXe. DonEtta Beaty, Secreta i1 Certification of Secretary I,DonEtta Beaty, Secretary of Berry Operating Company,LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting,LP dba Bay Ltd.held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this the 8th day of January 2002,to which witness my hand. DonEtta Beaty, Secret a I a I r Ir r fir. Fr ill r iii 00 6113 PERFORMANCE BOND BOND NO. 929532474✓J Contractor as Principal Surety Name:Berry Contracting,LP dba Bay, Ltd. Name: CONTINENTAL CASUALTY COMPANY e' Mailing address (principal place of business): Mailing address(principal place of business): P.O. Box 9908 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78469 HOUSTON, TEXAS 77056 �' r Li Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address(principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Corpus Christi,Texas 78401 ILLINOIS ( By submitting this Bond,Surety affirms its authority to do business in the State of Texas and rl Contract its license to execute bonds in the State of Texas. IN Project name and number: Telephone (main number): 713-513-6303 Citywide Street Overlay and Sealcoat Indefinite PPI Delivery/Indefinite Quantity Program—Pilot ✓ ill Telephone(for notice of claim): Program Project No. E12215 SEE ATTACHED Local Agent for Surety v`', 1 Name: SWANTNER & GORDON INS AGENCY LLC Award Date of the Contract: Address: ill December 17,2013 500 N. SHORELINE BLVD. , SUITE 1200 Contract Price:$6.147,094.05(Base Bid#11 CORPUS CHRISTI, TEXAS 78401 Bond Email: hi / mmoore@q—g;ns r-nm Date of Bond: JANUARY 8, 2014 v (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the FP this instrument in 4 copies,each one of which shall following toll free number:1-800-252-3439 ill be deemed an original. U' I r Ilk Performance Bond 00 6113-1 Citywide Street Overlay and Sealcoat ID/IQ#E12215 11-25-2013 NI ma Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators,executors,successors and or assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and is void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature. C■ 7_......_.,__ Signature: l c_t Name: jo,- Lt.,....-Z Name: MARY .LEN MOORE Title: s�-', a",0.t`"15 M Jr . Title: ATTORNEY IN FACT Email Address: L e,„.%..\.2.:)1 ., ,,ay LA.,J . co,..n Email Address: mmoore @s—gins.corn (Attach Power of Attorney and place surety seal below) a a I a END OF SECTION a a . Performance Bond 00 61 13-2 Citywide Street Overlay and Sealcoat ID/IQ#E12215 11-25-2013 00 61 16 PAYMENT BOND BOND NO. 929532474 Contractor as Principal Surety Name: Berry Contracting, LP dba Bay, Ltd. Name: CONTINENTAL CASUALTY COMPANY . / Mailing address(principal place of business): Mailing address(principal place of business): �/ P.O. Box 9908 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78469 HOUSTON, TEXAS 77056 Physical address(principal place of business): Owner SAME Name: City of Corpus Christi,Texas Mailing address (principal place of business): Engineering Services Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: ILLINOIS Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): 713-513-6303 Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program–Pilot a Program Telephone(for notice of claim): SEE ATTACHED Project No. E12215 Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Award Date of the Contract: Address: December 17,2013 500 N SHORELINE BLVD. , SUITE 1200 Contract Price: $6,147,094.05 (Base Bid#1) CORPUS CHRISTI, TEXAS 78401 Bond Telephone: 361-883-1711 Date of Bond: JANUARY 8, 2014 (Date of Bond cannot be earlier than Award Date The address of the surety company to which any — of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number: 1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16-1 Citywide Street Overlay and Sealcoat ID/IQ#E12215 11-25-2013 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves,and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: f i, , 40, Air Name: o,,, L Q.r,-4-L Name: MARY EN MOORE Title: �5� rv-•u.a-k. INA qr. Title: ATTORNEY TN FACT• Email Address: LeAr,.1r.2:3s ga L . Co•Y, Email Address: mmoore @s-gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION i Payment Bond Form 00 61 16 2 Citywide Street Overlay and Sealcoat ID/IQ#E12215 11-25-2013 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT is Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of r Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint R M Lee, Mary Ellen Moore, Steve Addkison, Tami J Duncan, Cathleen Hayles, Danielle Harris, Kerry McIntosh, Individually 1' E of Corpus Christi,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their Ebehalf 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. EThis 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 8th day of May,2013. GAS1.40 tNSUR o< Continental Casualty Company ?s14 } �� 4-N. National Fire Insurance Company of Hartford >i ' c O�TE t ; S �",°t"0R°rF0 X American Cas alty Company of Reading,Pennsylvania S JULY 31, 0c> SEAL i " e 1901 .F•. 1897 NAR'1 • �'ill Paul T.Bruflat President State of South Dakota,County of Minnehaha,ss: On this 8th day of May,2013,before me personally came Paul T.Bruflat 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. L �aw,erw,+ J.MOHR e \NOTARY FuaUC/ •-//)9 ��'"pp``JJ SOUTH nAfCOTA�p�J 41-itA ... My Commission Expires June 23,2015 J. Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 8TH day of JANUARY , 2014 . 44,Gw4ly C ro< Continental Casualty Company '§ National Fire Insurance Company of Hartford hi t cow:mute (.4. 5 oa4 'a American Casualty Company of Reading,Pennsylvania O JULY 71, alr (''' if.) 1■■■•Q.,÷-- L SEAL r I9oz <4. 1897 D. Bult Assistant Secretary Form F6853-4/2012 r 6 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 1 This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25`h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Brutat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 1 I State of Texas Claim Notice Endorsement esq I In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(8) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: I CNA Surety 333 South Wabash Chicago, IL 60604 le Telephone: (312) 822-5000 You may also write to CNA Surety at P.O. Box 1068, Houston, Texas 77251-1068. You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, or fax 512-475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first If the dispute is not resolved you may contact the Texas Department of Insurance. fr ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached documents. rio pry I I I II ACORD® CERTIFICATE OF LIABILITY INSURANCE 1 DATE M/DD,YYYY) 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). CONTACT PRODUCER NAME: Nicole Brummett Swantner&Gordon Insurance Agency lac.No.Exn:361-883-1711 a.No►:361 844 0101 A Higginbotham Company E-MAIL PO Box 870 ADDRESS:nbrummett©s-gins.com Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A ACE American Insurance Company 22667 INSURED BERRYI3 INSURER B:Indian Harbor Insurance Company 26940 Berry Contracting,LP V INSURER C:AGCS Marine Insurance Company 22837 dba Bay,Ltd. INSURER 0: P.O.Box 4858 Corpus Christi TX 78469-4858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2041965567 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR W POLICY NUMBER (MDD/YYYY) (MMIDD/YYYY) LIMITS A GENERAL LIABIUTY INSURANCE" HDOG27018245 5/20/2013 5/20/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 / GENERAL AGGREGATE $10,000,000 Galt AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $5,000,000 POLICY Tel, LOC $ / A AUTOMOBILE LIABILITY ✓ 15A1-1013718891 5/20/2013 5/20/2014 ( adept) SINGLE LIMIT $1,000,000 X ANY AUTO / BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED (PROPERTY r id accident) $ HIRED AUTOS AUTOS X MCS-90 $ A X UMBRELLA UAB X OCCUR✓ X0OG25910552 5/20/2013 5/20/2014 EACH OCCURRENCE $25,000,000 / EXCESS UAB CLAIMS-MADE / AGGREGATE $25,000,000 DED X RETENTION$25,000/ $ A WORKERS COMPENSATION / WLRC47317435 5/20/2013 5/20/2014 X WC STATU- OTH- AND EMPLOYERS'LIABIUTY ��V TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A / E.L.EACH ACCIDENT $1,000,000 l OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors Pollution CPL7420319 5/20/2013 5/20/2014 Pollution Condition $25,000,000 C Contractors Equipment MXI93045861 11/1/2013 11/1/2014 Pollution Aggregate $25,000,000 CE-Leased/Rented $1,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Please see attached Acord 101 Form for additional policy and coverage information. / Project:Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Pilot Program Project No. E12215 v II 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-Engineering ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 9277 Attn:Construction Contract Admin. AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 1244°4‘ I ©1988-2010 ACORD CORPORATION. All rights reserved. I ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BERRY13 LOC#: ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Swantner and Gordon Insurance Agency Berry Contracting,LP dba Bay, Ltd. POLICY NUMBER P.O.Box 4858 CARRIER NAIC CODE Corpus Christi,TX 78469-4858 EFFECTIVE DATE: 05/20/2013 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Owners,Lessees or Contractors-Scheduled Person or Organization CG2010 10/01,and Additional Insured-Owners, Lessees or Contractors-Completed Operations CG2037 10/01.The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others To Us CG2404 05/09.The General Liability policy includes a primary and non-contributory endorsement-Non-Contributory Endorsement For Additional Insureds Form LD-20287(06/06)only when there is a written contract requiring such,and Construction Project(s)General Aggregate Limit LD-21732(01/07)-$5,000,000 Aggregate Per Project. The General Liability policy includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice to Others Endorsement-Schedule Notice by Insured's Representative ALL-32686(01/11). The Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Designated Persons or Organizations DA-9U74a(04/11). The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it. Waiver of Transfer of Rights of Recovery Against Others DA-13115(12/02).The Auto policy includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium.Notice to Others Endorsement-Schedule Notice by Insured's Representative ALL-32686(01/11). The Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Our Right to Recover From Others Endorsement WC000313 11/05&Texas Waiver of Our Right to Recover From Others Endorsement WC420304A(1/00). The Workers Compensation policy includes Longshore and Harbor Workers' Compensation Act Coverage Endorsement WC000106A 0492,Outer Continental Shelf Lands Act Coverage Endorsement WC0001098(07/11),Maritime Coverage Endorsement-Limits of Liability$1,000,000 Each Accident/Aggregate,and includes Transportation,Wages,Maintenance&Cure WC000201A (04/92),Voluntary Compensation Employers Liability Coverage Endorsement WC000311A(08/91)&Voluntary Compensation Maritime Coverage Endorsement WC000203(4/84),and a blanket automatic alternate employer endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Alternate Employer Endorsement WC000301A(Ed 02/89). The Workers Compensation policy includes an endorsement providing that 30 days'notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice to Others Endorsement-Schedule Notice by Insured's Representative WC 99 03 69(01/11). The Contractors Equipment includes Blanket Additional Insured and/or Loss Payees Endorsement—Written Agreement -Endorsement 009. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • POLICY NUMBER: HDOG2 7 0182 4 5 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. JADD.ITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: jCOMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee, or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. (If no entry appears above,information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to (1) All work, including materials, parts or include as an Insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than 1 liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured, performed by or on behalf of the addi- B. With respect to the insurance afforded to these done! Insured(s)at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which the Injury or damage arises has been This insurance does not apply to "bodily in- put to its intended use by any person or Jury"or"property damage"occurring after organization other than another con- tractor or subcontractor engaged In performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties,Inc., 2000 Page 1 of 1 0 POLICY NUMBER: HDOG2 7 018 2 4 5 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such 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 entry appears above,information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to Include as an Insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"at the location designated and described In the schedule of this 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 CI NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number 19 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G27018245 \J 05120/2013 To 05/20/2014 • Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement's issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES 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 persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named In the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. • E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. f Authorized Re.. en'a ive ALL-32686(01/11) Page 1 of 1 49 POLICY NUMBER: ADDITIONAL INSURED— DESIGNATED PERSONS OR ORGANIZATIONS Named Insured r Endorsement Number Berry GP, Inc. Pact'Symbol 1 Policy N mh r Poll psrtnd ISA I xoa�l�e3� os�/zo/i3 to 05/20/14 —Effective Date of Endorsement 05/20/13 Issued By(Name of frisuu ailbe"CbMpany) ACE American Insurance Company The above Is required to be completed only when this endorsement Is Issued subsequent to the preparation of the poScy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM AdditionalInsured(s): Any person or organization whoa you have agreed to include_ as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered"auto,"Who Is Insured is amended to Include as an"Insured,"the persons or organizations named In this endorsement. However, these persons or organizations are an 'insured" only for"bodily Injury"or"property damage"resulting from acts or omissions of 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered"auto"with permission from you,any of your"employees'or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74a(04111) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Berry GP, Inc. Endorsement Number // 9 Policy Symbol Policy Number J Policy Period Effective Date of Endorsement ISA H08718891 05/20/2013 To 05/20/2014 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES 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 persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any Incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. ?��•. `ed R rase ative ALL-32686(01/11) Page 1 of 1 31 Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number •• • BERRY GP,INC. • P.O. BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number:C47317435 \/ Policy Period Effective Date of Endorsement 05-20-2013 TO 05-20-2014 05-20-2013 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organizations) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will riot 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, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. %AA, fir' J--1 Authorized Representative WC 99 0369(01/11) 2 5 Page 1 of 1 2689