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C2015-036 - 7/21/2015 - Approved
,irts; 2015-036 7/21/15 CONTRACT DOCUMENTS „ Ord. 030560 Austin Traffic Signal Construction FOR CONSTRUCTION OF • Cimarron Blvd. and Lipes Blvd. Traffic Signal Improvements PROJECT NO. U5091E13-1 ,? ) ,r4,141„, (--- , .1,0 .':' ' 31% ' f-...0 irl ' I'' -e•-.5.:A .^V,VP<,..14.0'''.....z,..::: :: it_ir _ _411 .......-.NNAN, , _-1, Ly of Ao`ie:.........7-4••1‘1 ,....r.4.0...... ......:t„ to or, cp.,/ „....4..,„. ••,.A.S' 14 U b 1 siff,PANION H M.ALD3N.4DO.4 t A.. Christi 0 •t1• 96763 :'t,0 ,— kxx SUBMITTED BY: i , 1 .._. ' 1,1,1,1.120/1.400 31.14I+CIT NT .i I 'I- P,P11-,1 T if-Jt1 - 1r' .% I P 3833 South Staples St., Suite N214 Corpus Christi, TX 78411 April 3, 2015 Record Drawing Number STR 911 IP. 00 0100 TABLE OF CONTENTS Division/ Title Section F Division 00 Procurement and Contracting Requirements 6 00 11 16 Invitation to Bid(Rev 03/10/2015) 00 21 13 Instructions to Bidders (Rev03/10/2015) L00 30 00 Bid Acknowledgment Form (Rev 03/10/2015) 00 30 01 Bid Form (Rev 03/23/2015) r itio 00 30 02 Compliance to State Law on Nonresident Bidders 00 30 04 Conflict of Interest Questionnaire It 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification f 00 45 16 Statement of Experience r. 00 52 23 Agreement(Rev 03/23/2015) 00 61 13 Performance Bond (Rev 7/3/2014) r 00 61 16 Payment Bond(Rev 7/3/2014) 00 72 00 General Conditions (Rev 3/23/2015) 00 72 01 Insurance Requirements(Rev 7/3/2014) 1► 00 72 02 Wage Rate Requirements(Rev 03/11/2015) lir 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions la Division 01 General Requirements L 01 1100 Summary of Work 01 23 10 Alternates and Allowances 01 29 00 Application for Payment Procedures(Rev 03/11/2015) 61 01 29 01 Measurement and Basis for Payment ' 01 31 00 Project Management and Coordination r 0131 13 Project Coordination 0131 14 Change Management L0133 00 Document Management 01 33 01 Submittal Register(Rev 7/3/2014) 01 33 02 Shop Drawings IP 0133 03 Record Data Table of Contents 00 0100-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 l' I I Division/ Title Section 0133 04 Construction Progress Schedule 01 33 05 Video and Photographic Documentation 0135 00 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 01 70 00 Execution and Closeout Requirements Part S Standard City of Corpus Christi Specifications 025803 Traffic Signal Adjustments 600 Traffic Signal Standards&Specifications 344116.33 Traffic Signal Controller Unit 344116.23 Traffic Signal Cabinet and Assemblies 618 Conduit 620 Electrical Conductors 622 Duct Cable 624 Ground Boxes 628 Electrical Services 633 Uninterruptible Power Supply for Traffic Signals 635 Internally Illuminated Street Name Sign 655 Controller Foundation 680 Installation of Highway Traffic Signals 682 Vehicle and Pedestrian Signal Head 683 LED Pedestrian Signal Countdown Module 687 Pedestal Pole Assemblies Part T Technical Specifications ,\ PELCO Astro-Brac 1-Way Bracket Assemblies3 City Traffic Signal Cable Color Code Exhibit A—Camera Connector Pinout PELCO Astro-Brac Camera Mountings Clifford IMSA Signal Cable HENKE ENTERPRISES Wiring Diagram for Video Camera Surge Suppression Filter Table of Contents 00 01 00-2 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 Division/ Title Section yr, ISOTEC Video Cable PELCO Pedestrian Push Button Station Assembly Sheets Rees Style Bulldog Button with Latching LED CARMANAH Internally Illuminated Street-Name Sign—R409 CARMANAH Backbrace Assembly DIALIGHT Excalibur Uniform Appearance Countdown Pedestrian Signals Quazite PG11188A18 Stackable Open Bottom Assembly Quazite PG2436BA18 Stackable Open Bottom Assembly SmartMonitor MMU-16LEip Time Switch AP22 [No END OF SECTION 1 ,r toe 7M' it Table of Contents 00 01 00-3 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 Orr big 00 11 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE VP 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements Project No. E15093 �r. A. This project is described as the construction of one fully functional traffic signal at the existing intersection of Cimarron Blvd. and Lipes Blvd. The construction of the signal will include, but not limited to:foundations, signal poles install only, mast arms install only, signal heads, pedestrian poles, pedestrian heads, school zone flashers, conduits and conductors, controller cabinets, electrical services, signing, intersection striping, pedestrian ramps, etc. Reference to the engineering drawings should be made for estimated summary of materials and details. This project is to be completed and operational prior to August 24, 2015 before the start of school. Traffic signal mast arm poles(4 each)will be furnished by the City of Corpus Christi. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is between$150,000 to $300,000. The Project is to be substantially complete and ready for operation within 90 days. ;r, The Project is to be complete and eligible for Final Payment 30 days after the date for Substantial Completion. ARTICLE 2—EXAMINATION AND PURCHASE OF DOCUMENTS 2.01 Advertisement and bidding information for the Project can be found at the following website: Iry http:/www.civcastusa.com/ i"' 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. ir. Invitation to Bid 00 11 16-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV03-10-2015 I ARTICLE 3—PRE-BID CONFERENCE 1 3.01 A non-mandatory pre-bid conference for the Project will be held on April 21,2015 at 10:30 A.M. .00 at the following location: City Hall Building—Capital Programs Conference Room 13`d floor,Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 3.02 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 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 by 5:00 p.m. seven (7) days prior to the date of the bid opening. Inquiries made after this period may not be addressed. 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. 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 goal for this Project has been established to be 45%of the Contract Price. 4 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% 3 of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as ag uarantee that the Bidder will enter into a contract for the Project with the Owner within 10 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 percent(5%) of the greatest amount bid. 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 submitting bids electronically through the CivCast System at www.CivCastUSA.com shall scan and upload a copy of Bid Bond as an attachment to their bid. Cashier's check, certified check, money order or bank draft must be enclosed in a sealed envelope, plainly identified on 3 Invitation to Bid 001116-2 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 fr. L the outside as containing bid documents,the bidder's name and the job name and number and delivered as required in Article 7 below. 6.03 Bid Bond Requirements: 1. A Bid Bond must guarantee,without qualification or condition,that the Owner will be paid a sum equal to 5 percent (5%) of the greatest amount bid if,within 10 calendar days of Notice of Award of the Contract,the Bidder/Principal: a. fails to enter into a contract for the Project with the Owner;or bow b. fails to provide the required Performance and Payment Bonds. 1116, 2. A Bid Bond may not limit the sum payable to the Owner to be the difference between the Bidder/Principal's bid and the next highest bidder. 3. The Bid Bond must reference the Project by name as identified in Article 1. 110 4. Bidders may provide their surety's standard bid bond form if revised to meet these Bid Bond Requirements. 6.04 Failure to provide an acceptable Bid Security will constitute a non-responsive Bid which will not top be considered. 6.05 Failure to provide the required Performance and Payment Bonds will result in forfeiture of the Bid Security to the City as liquidated damages. ARTICLE 7—DELIVERY OF BIDS tir 7.01 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than April 29,2015 at 2:00 P.M.to be accepted. The Bids will be publicly opened and read aloud at this time at the City Council Chambers or Staff Room, 151 floor of the City Hall Building. Bids received after this time will not be accepted. If submitting a hard copy bid or bid security by cashier's check or money order, please address in• envelopes or packages: City of Corpus Christi City Secretary's Office City Hall Building, 1st Floor 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements Project No.E15093 tr. All envelopes and packages(including FEDEX envelopes) must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. 7.02 Bids will be publicly opened and read aloud at April 29,2015 at 2:00 P.M., at the following location: ►. City Hall Building- City of Corpus Christi Invitation to Bid 00 11 16-3 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV03-10-2015 'Ms I 1 First Floor 3 City Council Chambers or Staff Room 1201 Leopard Street Corpus Christi,Texas 78401 ARTICLE 8—AWARD OF CONTRACT 8.01 It is the intent of the Owner to award this Contract to either the lowest responsible Bidder or j the Bidder who provides the best value who submits a responsive Bid. 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. i END OF SECTION I 3 3 3 3 I 1 Invitation to Bid 00 11 16-4 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 0340-2015 I tau 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: Type of Insurance Minimum Insurance Coverage lbw Commercial General Liability including Li. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate 7. Broad Form Property Damage 8. Independent Contractors to" 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 Contractor's Pollution Liability/ $2,000,000 Per Claim Environmental Impairment Coverage Not limited to sudden and accidental ❑ Required 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 Not Required Installation Floater Equal to Contract Price ior ❑ Required Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required Not Required too 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. Insurance Requirements 00 72 01-1 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 07-03-2014 I I 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-VIII 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 3 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. 3 G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor 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 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 3 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. 3 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. 3 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 3 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the 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. Insurance Requirements 00 72 01-2 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 07-03-2014 F Ilrr 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 hie 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 hi' 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. imp 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 h"' 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; d) Coverage for testing and startup; 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 Insurance Requirements 00 72 01-3 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 07-03-2014 L 3 3 h) Any loss to temporary Project Works if their value is included in the Contract Price. 3 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. 3 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 3. Broad form property damage coverage. 4. Severability of interest. j 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. 3 E. Purchase and maintain umbrella or excess liability insurance written over the underlying 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; 3 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 3 from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage 3 claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes 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 3 Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV07-03-2014 r Crr f it 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. J. 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 r 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 f liability insurance and from the same company that provides the Contractor's liability insurance. a., 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. be 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,falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning;windstorm; riot;civil commotion;terrorism;vehicle impact; aircraft; f, 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 Insurance Requirements 00 72 01-5 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV07-03-2014 3 3 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 3 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 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. 3 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. 3 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. 3 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design,or materials exclusions. 3 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. 3 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 3 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 3 expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS 3 A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 3 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 Insurance Requirements 00 72 01-6 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV07-03-2014 L Ir. 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 iso 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 t.. 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: r1. Certificates of Insurance on an acceptable form; ir. 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. kor 2.02 CERTIFICATES OF INSURANCE A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101;or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. r Insurance Requirements 00 72 01-7 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 07-03-2014 L 3 3 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. 3 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 3 the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 3 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 3 Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE3 3.01 WORKERS'COMPENSATION INSURANCE COVERAGE A. Definitions: 3 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. 3 Insurance Requirements 00 72 01-8 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV07-03-2014 L L 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. rr 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. lir 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 Iw 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 l' 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. 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. r Insurance Requirements 00 72 01-9 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV07-03-2014 3 3 I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 3 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 3 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 3 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 3 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: 3 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 3 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,within3 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 3 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 3 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 3 commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. 3 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 3 3 Insurance Requirements 00 72 01-10 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 07-03-2014 3 it 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1—DEFINITIONS AND TERMINOLOGY hip SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: City of Corpus Christi,Texas Maldonado-Burkett Intelligent Transportation Systems, LLP B. Paragraph 1.01.A.54"Substantial Completion" is more specifically defined for this Project as: 1. The following items are fully functional and suitable for operation in accordance with the Contract Documents: a. The signal should be fully operational by August 24,2015. b. School Zone Flashers should be fully operational by August 24, 2015. c. Sidewalks and Pedestrian Ramps should be accessible by August 24, 2015 d. Pavement Markings and Signing should be installed by August 24, 2015. 2. Only the following items not yet complete in accordance with the Contract Documents: a. Final Clean-up b. Punch List items ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK w SC-4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction tr. so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access ►" to and within the Site, inability to work due to wet or muddy Site conditions, delays in a,,, delivery of equipment and materials, and other impacts related to rain days when Supplementary Conditions 00 73 00-1 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 11-25-2013 iw developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 5 rain days have been set for this Project. An extension of time due to rain days will be considered only after 5 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, —a or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner." SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." END OF SECTION Supplementary Conditions 00 73 00-2 .» Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 11-25-2013 00 52 23 AGREEMENT This Agreement,for the Project awarded on;Lily 21,2015,is between the City of Corpus Christi (Owner) and Austin Traffic Signal Construction Company (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements Project No. E15136(aka E15093) This project is described as the construction of one fully functional traffic_Cignal at the existing intersection of Cimarron Blvd.and Lipes Blvd. The construction of the signal will include, but not limited to:foundations,signal poles install only, mast arms install only,signal heads, pedestrian poles, pedestrian heads,school zone flashers, conduits and conductors,controller cabinets, electrical services, signing, intersection striping, pedestrian ramps,etc. Reference to the engineering drawings should be made for estimated summary of materials and details. This project is to be completed and operational prior to August 24, 2015 before the start of school. Traffic signal mast arm poles(4 each)will be furnished by the City of Corpus Christi. ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Maldonado-Burkett Intelligent Transportation Systems, LLP 3833 South Staples Street,Suite N214 Corpus Christi,TX,78411 2.02 The Owner's Authorized Representative for this Project is: Phil Boehk, P.E.—Acting Construction Engineer City of Corpus Christi—Capital Programs 4917 Holly Rd.,Bldg.#5 Corpus Christi,TX,78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be Agreement 00 52 23-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV 03-23-2015 completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 120 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 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages 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 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 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, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,000.00 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$1,000.00 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 BID FORM. 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 Price $ 292,780.43 Agreement 00 52 23-2 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV03-23-2015 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Paymentin 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 performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. 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 wi!l be held as retainage. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of 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. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less 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 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. 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. Agreement 00 52 23-3 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV 03-23-2015 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; 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. 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. 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. Agreement 00 52 23- Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV 03-23-2015 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. 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. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Specifications,forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 2. Drawings listed in the Sheet Index. 3. Addenda. 4. Exhibits to this Agreement: a. Contractor's Bid Form. b. None 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. C. The Contract Documents may only be amended, modified,or supplemented as provided in Article 11 of the General Conditions. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES Four original duplicates of the signed Agreement will be required. The sequence of signatures will be completed in the following order: A. CONTRACTOR—Agreement must be signed by a person authorized to bind the firm or company.If Contractor is a Corporation, agreements must be Attested; B. ASSISTANT CITY ATTORNEY for the City; Agreement 00 52 23-5 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV03-23-2015 C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV 03-23-2015 ATTEST ITY OF CORP ISTI 77 1-.. /-) City Secretary d 'ds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM06' 0936 ! /.J ,r n COUNCIL -21 l st.City Attorney SECRETARY ATTEST(IF CORPORATION) CONTRACTOR Aus in Traffic Signal Construction Company (Seal Below) B . Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: V k1 ems=47 .1. Vice President, Chief Executive Officer, or Chief Financial Officer 4615 Priem Lane Address Pflugerville,TX 78660 City State Zip 956/461-2452 Phone SteveR@atscc.com EMail END OF SECTION Agreement 00 52 23-7 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements—E15136(aka E15093) REV03-23-2015 00 30 00 BID ACKNOWLEDGEMENT FORM ARTICLE 1—BID RECIPIENT 1.01 In accordance with the Drawings,Specifications,and Contract Documents,this Bid Proposal is submitted by Maldonado-Burkett Intelligent Transportation Systems,LLP.on:April 29,2015 at 2:00 P.M.for Project No. E15093-Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements. 1.02 Submit Bids, Bid Security and all attachments to the Bid(See Section 7.01 below)to the City's electronic bidding website at https://www.civcastusa.com. If submitting hard copy bids or bid security in the form of a cashier's or certified check,please send to: The City of Corpus Christi,Texas City Secretary's Office 1201 Leopard Street Corpus Christi,Texas 78401 Attention: City Secretary Bid-Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements Project No. E15093 All envelopes and packages(including FEDEX envelopes)must clearly identify,on the OUTSIDE of the package,the project name and number and that bid documents are enclosed. ARTICLE 2—BIDDERS'S ACKNOWLEDGMENTS 2.01 Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner on the form included in the Contract Documents,to perform all Work 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 Bidder accepts 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: Bid Acknowledgement Form 00 30 00-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 • Addendum No. Addendum Date Signature Acknowledging Receipt -1) zor i27/zt11� A:\ ARTICLE 3—BIDDER'S REPRESENTATIONS 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. 3.04 The Bidder has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: A. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; B. Underground Facilities referenced in reports and drawings; C. Reports and drawings relating to Hazardous Environmental Conditions,if any,at or adjacent to the Site;and D. Technical Data related to each of these reports and drawings. 3.05 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 D. The Contract Documents. 3.06 The Bidder has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information,observations,and documents on: A. The cost,progress,and performance of the Work; B. The means,methods,techniques,sequences,and procedures of construction to be employed by Bidder;and C. Bidder's safety precautions and programs. 3.07 Based on the information and observations referred to in the preceding paragraphs, Bidder agrees that no further examinations,investigations,explorations,tests,studies,or data are Bid Acknowledgement Form 00 3000-2 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 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. 3.08 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. 3.09 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. 3.10 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. 3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 3.12 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. ARTICLE 4—BASIS OF BID 4.01 Bidder will complete the Work in accordance with the Contract Documents for: Lump Sum Bid Price $ Z [rd2.1 , • sl'r The Bidder selected for award of the Contract will be the lowest responsible Bidder that submits a responsive Bid. • ARTICLE 5—EVALUATION OF BIDDERS 5.01 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides the best value for the Owner. The Owner will consider the greatest amount bid,the Bidder's responsibility,the Bidder's safety record,the Bidder's indebtedness to Owner and whether the Bidder has met the minimum specific project experience requirements to determine the lowest responsible Bidder.The Owner reserves the right to waive any and all irregularities in determining the Bidders'responsibility or value,and whether the Bidder has met the minimum specific project experience requirements,and reserves the right to require the submission of additional information. 5.02 The Owner has the right to accept a Bid,reject any and all Bids,to waive any and all 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 responsibility of the Bidder. Bid Acknowledgement Form 00 30 00-3 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 5.03 Material misstatements in the documentation submitted to determine the Bidder's responsibility,including information submitted per SECTION 00 45 16 STATEMENT OF EXPERIENCE,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 Bidder,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 attorney's fees for collecting such costs and damages. ARTICLE 6—TIME OF COMPLETION 6.01 Bidder will complete the Work required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. Bidder will complete the Work required for final payment in accordance with Paragraph 15.06 of the General Conditions within 120 days after the date when the Contract Times commence to run. 6.02 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. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 In compliance with the Bid Requirements in SECTION 00 11 16 INVITATION TO BID,the following are made a condition of this Bid: A. Bid Security. B. SECTION 00 30 00 BID ACKNOWLEDGEMENT FORM and documentation of signatory authority. C. Bid Form. D. SECTION 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS. E. SECTION 00 3004 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 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—VENUE 9.01 Bidder agrees that venue shall lie exclusively in Nueces County,Texas for any legal action. Bid Acknowledgement Form 00 30 00-4 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 ARTICLE 10—SIGNATORY REQUIREMENTS FOR BIDDERS 10.01 Bidders must include their correct legal name,state of residency,and federal tax identification number in the Bid Form. 10.02 The Bidder,or the Bidder's authorized representative,shall sign and date the Bid Form to 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 notarized power 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. Bid Acknowledgement Form 00 30 00-5 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 ARTICLE 11-BID SUBMITTAL 11.01 This Bid is submitted by: � t Bidder: Au L NI �' -�(i. C c � cli-'� 0c-,..s ( '-ii,c . (typed or printed full legal name of Bidder) By: 1--7.----- t. (individual's` signature) Name: C:_s 1-e N Tv-I-1 k �/�M (typed or printed), ) Title: Arti- - 1 `l Or . lJ (ty or p 'nted) .p. Attest: acam cc �/Z[1 .�1 r individu 's si n re ( 9Q )� State of Residency: "Tei.A, Federal Tax Id.No. I'7L/ `L c( LI C1(v 0 3 Address for giving notices: I1 15 rr! a+--' L6-----Q p fl,, n, It,e /T-- `As 66/0 Phone: Inti: ilk I- 2YSZ Email: ( t(?j) 4. cc.Gpi--� (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 Bid Acknowledgement Form 00 30 00-6 Cimarron Blvd.and Upes Blvd.Traffic Signal Improvements-E15093 REV 03-10-2015 00 30 01 BID FORM 00 30 01 BID FORM Project Name: Cimarron Blvd and Lipes Blvd Traffic Signal Improvements Project Number: E15093 Owner: City of Corpus Christi Bidder: AN.P)k � H ,; T( (1 (-- J�',I`.' - C;-•=4``i. Ccs-'- _.JT \ OAR: Designer: Maldonado-Burkett Intelligent Transportation Systems, LLP Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1 MOBILIZATION LS I 1 $ 5)- $7_,r-00 -' 2 DRILL SHAFT(TRF SIG POLE) (36 IN) LF 56 $7`.S - $ 1i 2 52 -" 3 CURB RAMPS(TY I) EA 4 $7'• 7j 0030 01 BID FORM ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 34 PREFAB PAV MRK TY C(W) (12") (SLD) LF 294 $ 6-Lis $( Zu "1 35 PREFAB PAV MRK TY C(W) (24") (SLD) LF 421 $ (2--9° $ T-13,'-) c1' 36 PREFAB PAV MRK TY C(W) (ARROW) EA 12 $24 0- -' $ .21-2c, "`' 37 PREFAB PAV MRK TY C(W) (WORD) EA 10 $ j.,'4'�'"' $ 2 l{ '9 _:p 38 REEL PAV MRKR TY I-C _ EA 26 $ 4-Z� $ 1 l (,3_ 5 39 REEL PAV MRKR TY II-A-A EA 97 $ y-Zs $ y(Z Z) 40 ELIM EXT PAV MRK& MRKS(8") LF 119 $ 1-0 $ ?,,E t( -i-� 41 ELIM EXT PAV MRK & MRKS(10") LE 415 $ 7-I c $ 13Z -Z5- 42 ZS42 ELIM EXT PAV MRK&MRKS(24") LF 272 $ 1-1-2' 5 /1'S--t 43 ELIM EXT PAV MRK & MRKS(ARROW) EA 3 $ (Qf Zv J -'Z') $ � K1 44 ELIM EXT PAV MRK& MRKS(WORD) EA 2 $ ti=11: $ ( 3 '' 45 INSTALL HWY TRF SIG (ISOLATED) EA 1 $' ?,a $ 5-- ) -`' 46 BACK PLATE(12 IN) (3 SEC) EA 8 $ 5 $ 9J `' ' 47 BACK PLATE(12 IN) (4 SEC) EA 4 $ /0 w $ 1-ic, :"' 48 VEH SIG SEC(12 IN) LED (GRN ARW) EA 4 $ I °J $ 790 '' 49 VEH SIG SEC(12 IN) LED (GRN) EA 8 $ _f_:.-12-" $ /E03) J " 50 VEH SIG SEC(12 IN) LED (YEL ARW) EA 8 $ Z,3i?-, $ 19 Y'I U ' 51 VEH SIG SEC(12 IN) LED (YEL) EA 16 $2 --'- "-' $ 304,4) 52 VEH SIG SEC(12 IN) LED (RED ARW) EA 4 $ Iv-0- $ -7C v-- 53 VEH SIG SEC(12 IN) LED (RED) EA 8 $ /1' $/5--tDf, 54 PED SIG SEC(16 IN) LED (COUNTDOWN) EA 8 $ li t. ' $ '?•'?0 -'" 55 TRF SIG CBL(TY A) (12 AWG) (2 CONDR) _ LF 1138 $ ( -6" $I8 Z r? - '':5-'' 56 TRF SIG CBL(TY A)(14 AWG) (5 CONDR) LF 592 $ j -474 $ j/Zti( °o-' 57 TRF SIG CBL(TY A)(14 AWG)(7 CONDR) LF 228 $ r -`{-3 $ 7 -W - 58 TRF SIG CBL(TY A) (14 AWG) (16 COMDR) LF 549 $ -'tom $ 7,1c-11 t" 59 INSTALL RDSD FLASH BEACON ASSEMBLY EA 3 $((((j:)-u"1 $ 4Z 3,-y, ' 60 INSTL RDSD FLSH BEACON ASSM(SOLAR PWRD)(24 HR) EA 1 $(z?rJ 's $ -;.1j -' 61 SCHOOL ZONE FLASHER TIME SWITCH (AP22) EA 4 $ C;6'.o-"a $ 'e v0 '--2 62 INS TRF SIG PL AM(S) 1 ARM (36') LUM (INSTALL ONLY) EA 2 $j!�)- ' $? vo 63 INS TRF SIG PL AM(S) 1 ARM (44') LUM (INSTALL ONLY) EA 2 $7S-U: $ .Y-0`"''D - 64 PED POLE ASSEMBLY EA 6 $;,z_'1,G. $ ( 3.'04---)- 65 RADAR PRESENCE DETECTION DEVICE (RPDD) EA 4 $r', $ 3&tO. )- 66 RADAR COMM CABLE LF 741 $ - "' $ zgi6H -" 67 ACCESSIBLE PEDESTRIAN SIGNAL UNITS EA 8 $/3 90- `'' $i31120 -" 68 BARRICADES LS 1 $ 3St) $')4>5 rt-ti_ $ $1-49,322--V3- i' , 3 SUBTOTAL PART A GENERAL(Items Al thru A[Xj) $fig C,.-- BID SUMMARY Bid Form Page 2 of 3 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements-E15093 REV 10-14-2014 00 30 01 BID FORM ESTIMATED EXTENDED Item DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT � I J �' !TOTAL PROJECT BASE BID (PARTS A) I $ `c'-7 i -413 Contract Times Bidder agrees to reach Substantial Completion in 90 days Bidder agrees to reach Final Completion in 120 days Bid Form Page 3 of 3 Cimarron Blvd. and Lipes Blvd.Traffic Signal Improvements- E15093 REV 10-14-2014 00 30 02 COMPLIANCE TO STATE LAW ON NONRESIDENT BIDDERS Chapter 2252 of the Texas Government Code applies to the award of government contract to nonresident bidders. This law provides that: "a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids 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. 0 Bidder qualifies as a nonresident bidder whose principal place of business or residency is in the State of /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: Atiskv, �" t 4 c- 1vjis4'( +-' ' C". �,r<(typed or printed) By: 14-07 /c (signature—attach evidence ttacheevidence of authority to sign)�n Name: ; ':phI;N �JE1•� .X (typed/or printed) Title: ji,,, 111\ rncie-7 . p Business address: WI ')r 1,1)y.C �v tiru3l(C ( 7G1LO Z i j 9t Phone: Z`.‘a Email: UC ►k�3t.c _LCIS END OF SECTION Compliance to State Law on Nonresident Bidders 00 30 02-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 11-25-2013 00 30 04 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received 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 law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. N1 4- J ❑ Check this box if you are filing an update to 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, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. 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? n Yes n 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 governmental entity? • nYes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? n Yes n No D. Describe each employment or business relationship with the local government officer named in this section. - 5 Y 62ci� Signature of pe n doing b loess with the governmental entity ate Traffic Signals,SZ Flashers,Signs and Striping_Ctmarron Blvd.and Upes Blvd.Traffic Signal Improvements -E15093 Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION ~`� CoCITY OF CORPUS CHRISTI Corpus us DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: f c ;*?2.' Ccl P.O.BOX: 3 I. p STREET ADDRESS: CITY: PE r j&,`C. ZIP: 7 ? ?U FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of' each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NA- 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 1\1\k 4 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chiisti,Texas as changes occur. Certifying Person: ak p\10 n L L_.lrrl•tr Title: 14 r - 1 / 1- ' 4 r U . !2 . (Type or t) Signature of Certifying Date: 5/(12,0 Lv t C Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "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,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 00 30 06 NON-COLLUSION CERTIFICATION STATE OF TEXAS COUNTY OF NUECES OWNER: City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi,Texas 78401 CONTRACT: Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements E15093 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 or to 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 Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract. Company Name: ►S}I,�v� T A L, ti [vimr' Q c, Cc)- J (ty/ed or printed) By: L (signatur —attach evidence of authority to sign) Name: k ph H2 (lir e or printed) Title: 4r 11 a r u. ( . Business address: Lib I 1 (I`e 512-- Z .S'Qz t -( Phone: ciCc,-1141—z4 C 2 Email: S l(it /La ..(�'g«_e�✓� END OF SECTION Non-Collusion Certification 00 30 06-1 Cimarron Blvd.and Lipes Blvd.Traffic Signal Improvements-E15093 11-25-2013 Issued in Four(4) Counterparts 00 61 16 PAYMENT BOND BOND NO. 82390831 Contractor as Principal Surety Name: Austin Traffic Signal Construction Co. Name: Federal Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4615 Priem Lane 15 Mountain View Road Pflugerville,TX 78660 Warren,NJ 07059 Physical address(principal place of business): Owner 15 Mountain View Road Name: City of Corpus Christi,Texas Warren,NJ 07059 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Indiana Corpus Christi,Texas 78469 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): #E15136(aka E15093)Cimarron Blvd.&Lipes (908)903-3485 Blvd.Traffic Signals Improvements Telephone (for notice of claim): (800)362-4822 Local Agent for Surety Name: Aon Risk Services Southwest,Inc. Award Date of the Contract: July 21,2015 Address: 2711 North Haskell Ave.,Suite 800 Contract Price: $292,780.43 Dallas,TX 75204 Bond Telephone: (214)989-2445 Email Address:DeLene.Marshall@Aon.com Date of Bond: July 21,2015 The address of the surety company to which any (Date of Bond cannot be earlier than Award Date notice of claim should be sent may be obtained of Contract) from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Form 00 61 16-1 Proj E15136(E15093)Cimarron/Lipes Traffic Signal Impr 7-8-2014 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 a-i• '• ip.I Surety I Signature: �► _ • Signature: ( ` bi441(k ter- v. Name: , I Name: VDELENE MARSHALL Title: ;cL *I CQA Title: Attorney-in-Fact EmailAddress.P.; ,c...644 Email Address: DELENE.MARSHALL@AON,CO (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj E15136(E15093)Cimarron/Lipes Traffic Signal Impr 7-8-2014 Issued in Four(4)Counterparts 00 6113 PERFORMANCE BOND BOND NO. 82390831 Contractor as Principal Surety Name: Austin Traffic Signal Construction Co. Name: Federal Insurance Company Mailing address(principal place of business): Mailing address(principal place of business): 4615 Priem Lane 15 Mountain View Road Pflugerville,TX 78660 Warren,NJ 07059 Physical address(principal place of business): Owner 15 Mountain View Road Name: City of Corpus Christi,Texas Warren,NJ 07059 Mailing address(principal place of business): Capital Programs Surety is a corporation organized and existing 1201 Leopard Street under the laws of the state of: Indiana Corpus Christi,Texas 78469 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): #E15136(aka E15093)Cimarron Blvd.& Lipes (908)903-3485 Blvd.Traffic Signals Improvements Telephone (for notice of claim): (800)362-4822 Local Agent for Surety Name: Aon Risk Services Southwest,Inc. Award Date of the Contract: July 21,2015 Address: 2711 North Haskell Ave.,Suite 800 Contract Price: $292,780.43 Dallas,TX 75204 Telephone:(214)989-2445 Bond Email Address:DeLene.Marshall@Aon.com Date of Bond: July 21,2015 The address of the surety company to which any notice of claim should be sent may be obtained (Date of Bond cannot be earlier than Award Date from the Texas Dept. of Insurance by calling the of the Contract) following toll-free number:1-800-252-3439 Performance Bond 00 6113-1 Proj E15136(E15093)Cimarron/Lipes Traffic Signal Impr 7-8-2014 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 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 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 a ,• incipal Surety Signature: ,. Signature: t Name: tName: VDELENE MARSHALL Title: ( — Title: Attolmey-io-Fact Email Address:E—SCI e,... /�---.S'[ ,� , ,,,� Email Address:DELENE.MARSHALLgCOM (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Proj E15136(E15093)Cimarron/Lipes Traffic Signal Impr 7-8-2014 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 tDFilJ111>o Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Don E. Cornell, Sophinie Hunter, V. DeLene Marshall, Robbi Morales, Ricardo J. Reyna and Kelly A. Westbrook of Dallas,Texas -------- ---------_ each as their true and lawful Attorney-In-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMgANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7 day of July,2015. f • . dotards,Assistant Secretary .Norris,Jr.,V•Ice Pr ' ant (iro $ 4.) . ) ' 6A) %NO• .. •+tart.* > • STATE OF NEW JERSEY ss. County of Somerset On this 7th day of July, 2015 before me, a Notary Public of New Jersey,personally came David J. Edwards,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said David J.Edwards,being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B. Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is In the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By-Laws and in depo >nt's presence. Notarial Seal •MTM •>: ire \ KATHERINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY , No,2346685 a' Commission Expires July 16,2019 / Notary Public �'1/8UC JEft % CERTIFICATION Extract from the By-Laws• DERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'Except as otherwise provided in these By-Laws or by law or as otherwise directed by the Board of Directors,the President or any Vice President shall be authorized to execute and deliver,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other instruments,either for the Corporation's own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute and deliver, In the name and on behalf of the Corporation,agreements,bonds,contracts, deeds, mortgages,and other instruments, either for the Corporation's own account or in a fiduciary or other capacity,and,If appropriate,to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to specific instances.' I,David J.Edwards,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies') do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, u the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,coned and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 21st day of July,2015. (0#1(iiiTo —row— David J.Edwards,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 a-mall• iureryfpchubt.com Form 15-10-02258-U GEN CONSENT(rev.07-15) UCHUBB GROUP OF INSURANCE COMPANIES Surety Department,15 Mountain View Road, P.O. Box 1615,Warren, NJ 07061-1615 CHUBB Phone: (908)903-3485 •Facsimile: (908)903-3656 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Chubb's toll-free telephone number listed puede Hamar al ntimero de telefono gratis for information or to make a complaint at de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de companfas,coberturas,derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escrihir al Departamento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 FAX # (512) 475-1771 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www,tdi,state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should vou have a dispute concerning your premium Si time una disputa concerniente a su prima o a un or about a claim you should contact the agent first. reclamo,debe comunicarse con el agente primero. IF the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el depanamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte a condicion del document° document. adjunto. Client#:148784 AUSTITRAI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO/YYYY) 6/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NONEACT USI Southwest Austin iw1o1+E — — — — _. --- _ ____No,Ext): (NC.V: 512 467-0113 7600-B N.Capital of TX Hwy#200 E-MAIL Austin,TX 78731 ADDRESS:. 512 451-7555 INSURERS)AFFORDING COVERAGE NAIL s INSURER A:Zurich American Insurance Co. 116535 INSURED INSURER e:American Guarantee&Liability 126247 Austin Traffic Signal Construction Co„Inc.&ATS Drilling,Inc. / INSURER C P.O.Box 130 INSURER D INSURER E: Round Rock,TX 78680 INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERALINSR WBILITY 'SUER POLICY EFF POLICY EXP LTR �----..__.(Ns4R yyy� -- __._..POLICY NUMBER.__... (MMrDN YD/ YW�(tAMIDDIYYYY�..--- ---- LIMITS TYPE OF INSURANCE ADDU -"--- AGL0483972303 03/01/2015 03/01/2016 EACH OCCURRENCE 51,000,000 fCOMMERCIAL GENERAL LIABILITY / „PRE MiSES tEaEoo u Ince) S100,000 f CLAIMS-MADE i XI OCCUR / MED EXP(Any one person) S 10,000 1 PERSONAL&ADV 000,000 GENERAL AGGREGATE INJURY , S2,000,000 000 /� GEN.AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S2,000,000 PRO-POLICY r X J�GT LOC S A AUTOMOBILE UABILITY / BAP483972403 03/01/2015 03/01/2016oc ms1 SINGLE LIMIT $1,000,000 , X ANY AUTO __ / BODILY INJURY(Per person) S _^ ALL OWNED SCHEDULED / BODILY INJURY(Per accident) S _ AUTOS �__ AUTOS X HIRED AUTOS )( NON-OWNED PROPERTY DAMAGE AUTOS (pe,ac dsnq S _ S B X UMBRELLA UAB 1 X I OCCUR AUC549084903 / 03/01/2015 03/01/2016 EACH OCCURRENCE $20,000,000 , EXCESS LIAB i CLAIMS-MADE AGGREGATE s20,000,000 DED ,RETENTION S A WORKERS COMPENSATION ,� WC483972203 03/01/2015 03/01/201 X , S AND EMPLOYERS'LIABILITY YIN i OT RY USS ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N N I A E.L.EACH ACCIDENT $1,000,000 (Mandatory ya, InNH) I / E.L.DISEASE-EA EMPLOYEE $1,000,000 / DESCRIPTION OF OPERATIONS below EA.DISEASE-POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101.Additional Ranarlu Schedule,if mon space Is required) #1784-Project#E15093-Cimmarron and Lipes,Corpus Christi,TX-Nueces County The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that / provides Additional Insured status to the Certificate Holder(and other entities as required by the Prime Contract),only when there is a written contract that requires such status and only with regard to work performed on behalf of the named insured.The General Liability,Auto and Workers Compensation policies (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.Box 9277 ACCORDANCE WITH THE POLICY PROVISIONS. Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE I f t„(. IA MARal.1. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S15696571/M14335111 CLEHB • DESCRIPTIONS (Continued from Page 1) provide a Blanket Waiver of Subrogation in favor of the same when required by written contract.Coverage is Primary and Non-Contributory,when required by written contract.30 days notice of cancellation applies, when required by written contract,with the exception of 10 days notice of cancellation due to nonpayment of premium,per policy form. • • SAGITTA 25.3(2010/05) 2 of 2 #S 15686571/M 14335111