Loading...
HomeMy WebLinkAboutC2015-038 - 7/21/2015 - Approved 2015-038 CONTRACT DOCUMENT_., 7/21/15 Ord. 030563 FOR CONSTRUCTION O' Berry Contracting LP dba Bay SOUTH STAP . -4r FROM MORGAN AVENUE T1 : Y ( BOND 2012) PROJECT NO. E12096 } iiiiigi. „.: y , } ; ,,,,,,, , , r: k,. . ., MIMI 111111/111111111 • S,P• :E a.F_���,�%, City of ..,�� *: • I1OI12lJS / ARTURO AO UNA JR. r °i i'. 101006 fi , Christi $ �,4°,▪ ,,cus` e es••••.5...•,"‘,‘C..1 e -4084,1. =” PREPARED BY: MINaismithEngineering,Inc ENGINEERING m ENVIRONMENTAL 12 SURVEYING ESTABLISHED 1949 4501 GOLLIHAR ROAD, CORPUS CHRISTI, TX 78411 PHONE: (361)814-9900 FAX: (361) 814-4401 ! TBPE FIRM REGISTRATION NO. F-000355 NW i RECORD DRAWING NUMBER: STR 876 MAY 2015 ir. 00 9101 ADDENDUM NUMBER 1 South Staples Street from Morgan Avenue to IH 37 Project: (Bond 2012) Project Number: E12096 L Owner: City of Corpus Christi City Engineer: Jeffery Edmonds, P.E. Capital Programs Designer: Arturo Acuna Jr., P.E. Naismith Engineering Inc. Addendum No. 01 Specification Section: Issue Date: 5-29-151 Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure to acknowledge receipt of this addendum in the Bid Form may render the Bid as non-responsive and serve as the basis for rejecting the Bid. Make the additions, modifications or deletions to the Contract Documents described in this Addendum. Approved by: [Designer] Arturo Acuna Jr., P.E. 5-29-15 Name Date Addendum Items: 1E • REVISED Bid Form—Hot Mix Asphalt Pavement, I Part 1(6 pages)[Attachment No.1] ®A,,,....w`a C . REVISED Bid Form—Concrete Pavement, ----0:Q,F T.•..a r c,�t'.•- .'(-o'er,I1 Part 2(6 pages) [Attachment No.1] *,. • • • *t,� • New Waterline Lateral Sheets(3 pages) y,*: * A [Attachment No. 2] � ARTURO ACUNA JR. • New Sign Mounting Sheets(4 pages) [Attachment No.3] dd'`t�'• 101906 •,�4� • REVISED Plan Sheets(68 pages)[Attachment No.4] d1��F /�EtlSt� �^'% g • Existing Staples Street Parking Exhibit(2 pages) 4‘�ot�@tiA. " [Attachment No.5] • Pre-Bid Sign In Sheet(1 page)[Attachment N.6] .r Naismith Engineering, Inc. TBPE Firm Reg. No. F-000355 r" ARTICLE 1—BIDDING REQUIREMENTS L1.01 ACKNOWLEDGE ADDENDA A. Acknowledge receipt of this Addendum in the Bid Form submitted for this Project. Failure t to acknowledge receipt of this addendum in the Bid Form may render the Bid as non- iii responsive and serve as the basis for rejecting the Bid. L Addendum No.01 00 9101-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 04-02-2014 IL j lil 1.02 MODIFICATIONS TO THE BIDDING REQUIREMENTS 3 A. SECTION 00 1116 INVITATION TO BID—Article 7: L_t 1. The date for receipt of Bids remains unchanged. 2. The location for the receipt of bids remains unchanged. B. Section 00 30 01, Bid Form: 1. Delete:SECTION 00 30 01 BID FORM—PART 1&PART 2 in their entirety. 2. Add: REVISED SECTION 00 30 01 BID FORM—PART 1&PART 2 in their entirety (Attachment 1). ll C. SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT: • AMEND: Paragraph 1.03(M)by deleting: "Excavation and Embankment" and add the following: "Roadway Excavation". AMEND: Paragraph 1.03(FF)by deleting: "Excavation and Embankment" and add the following: "Roadway Excavation". I AMEND: Paragraph 1.03(MMM)by deleting: "2 Foot Valley Gutter"and add the following: "2 Foot Concrete Driveway Gutter". D. SECTION 0135 00 SPECIAL PROCEDURES: 3 AMEND: Paragraph 1.01(B)by deleting this paragraph in its entirety and adding the updated description as listed below: **NOTE: PARTS A&B OUTLINED BELOW CORRELATE TO THE PROPOSED TRAFFIC CONTROL PLAN SUGGESTED SEQUENCE OF WORK. 3 Description Time Work along Mestina and Artesian Streets PART Al Work between Leopard Street and Lipan Street PART A2 Work between Lipan Street and Comanche Street PART A3 Work between IH 37 and Leopard Street PART A4 Work between Comanche Street and Morgan.Ave PART B PARTS Al and A2:Construction shall be substantially completed by December 31, 3 2015;as required by a interlocal agreement between the Regional Transportation Authority and the City of Corpus Christi. PART A2:The Contractor shall attempt to complete construction of this section of the 01 project along with Parts Al&A2 by December 31,2015; however this substantial completion shall be achieved within 30 calendar days of Parts Al& A2; but no later than January 31,2016. PART A4 and PART B:Construction shall be completed based on the contract time remaining. 11 Addendum No.01 00 91 01-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 04-02-2014 ARTICLE 2-MODIFICATIONS TO THE DRAWINGS P �,. 2.01 ADD OR DELETE DRAWINGS E. ADD the following Drawings: Added Drawings Sheet No. 140.1 Waterline Lateral Profiles [Attachment No.2] Sheet No. 140.2—Waterline Lateral Profiles [Attachment No.2] Sheet No. 140.3—Waterline Lateral Profiles [Attachment No.2] Sheet No. 165.1—Sign Mounting Details[Attachment No.3] Sheet No. 165.2—Sign Mounting Details[Attachment No.3] Sheet No. 165.3—Sign Mounting Details[Attachment No.3] Sheet No. 165.4—Sign Mounting Details[Attachment No.3] 2.02 AMEND DRAWINGS A. Drawing Sheet No. 1 of 193, Cover Sheet(1 Sheet): 1. Delete:The existing PLAN SHEET in its entirety. 2. Add:The REVISED PLAN SHEET [Attachment No.4], in lieu thereof. 3. Clarification:The Sheet Index has been updated to include the Waterline Lateral it Profile sheets(140.1 to 140.3)and Sign Mounting Detail sheets(165.1 to 165.4). B. Drawing Sheet No.3 of 193, General Notes(1 Sheet): 1. Delete:The existing PLAN SHEET in its entirety. 2. Add:The REVISED PLAN SHEET [Attachment No.4], in lieu thereof. 3. Clarification: Note G.17 has been added to indicate that trench safety for stormwater inlets, manholes, risers,junction boxes,etc.will be considered subsidiary to the unit price for each structure This matches the description for each bid item in the Measurement and Basis for Payment Specification. 4. Clarification: Note H.12 has been added to indicate that trench safety for wastewater manholes will be considered subsidiary to the unit price for each structure This (r„ matches the description for the bid item in the Measurement and Basis for Payment Specification. 5. Clarification: Note J.21 has been added to requiring spool pieces/nipples(min 24")to be installed between fittings and valves along waterline mains. C. Drawing Sheet Nos.5&6 of 193, Summary of Quantities-Part 1&Part 2(2 Sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4], in lieu thereof. 3. Clarification:The project bid items and quantities have been updated. L Addendum No.01 00 91 01-3 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 04-02-2014 I I D. Drawing Sheet No. 29 of 193, Demolition Plan(1 Sheets): 1. 'Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS [Attachment No.4], in lieu thereof. 3. Clarification: The demolition of existing sidewalk and curb/gutter requirements have 111 been removed at the southeast corner of Blucher Street and at both sides of the intersection of Mussett Street. The existing ramps/bus stop shelter pads shall remain in place. E. Drawing Sheet Nos.35 to 47 of 193, Traffic Control Plan(13 sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 2. Add:The REVISED PLAN SHEETS [Attachment No.4], in lieu thereof. 3. Clarification:The Traffic Control Plans have been updated based on additional notes ' provided by the Traffic Engineering Department. These consist of the following: a. Sheet Nos. 35 &41: Part 3 in the Suggested Sequence of Work has been updated to read "...Portable changeable message signs, and the location and message to be placed on the signs shall be coordinated with the consulting Engineer subject to concurrence by the City Traffic Engineer prior to installation/placement." b. Sheet Nos. 35 &41: Sequence Il—Traffic has been updated to read "...opened to two way traffic on existing roadway." c. Sheet Nos. 36 to 47:additional signage has been added,speed limit on each section of roadway has been added, and Type Ill barricades have been spelled out. d. The typical section that details the"Work Zone" has also been updated for Utility and Pavement construction phases. F. Drawing Sheet Nos.67 through 71 of 193, Typical Street Sections—Part 1 (5 sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 1111 2. Add:The REVISED PLAN SHEETS[Attachment No.4],in lieu thereof. 3. Clarification: The key note reference to subgrade has been modified to read,8" lime stabilized and compacted subgrade G. Drawing Sheet Nos.83,84,87,90,92,&96 of 193, Street Plan&Profile(6 sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4], in lieu thereof. 3, 3. Clarification:Curb Ramp Nos. P, Q and R have been deleted. 4. Clarification:The "Proposed Valley Gutter" has been relabeled as"Proposed 2' 3 Concrete Driveway Gutter". 5. Clarification:Commercial concrete driveways were added along the northern side of Mestina Street between Waco Street and Artesian Street. Addendum No.01 00 91 01-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV04-02-2014 H. Drawing Sheet No. 101 through 111 of 193, Storm Water Plan&Profile(11 sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4],in lieu thereof. 3. Clarification:Stormwater manhole types were updated to match current stormwater Ois details(Types A through D). In addition,the section of 5'x4' Box Culvert between Sta. 37+94 and 42+24 has been adjusted upward. I. Drawing Sheet No. 120 of 193, Storm Water Lateral Profiles(1 sheet): 1. Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4], in lieu thereof. [to 3. Clarification: Lateral profiles have been adjusted to match the section of 5'x4' Box Culvert between Sta.37+94 and 42+24 that has been adjusted upward. J. Drawing Sheet Nos.125 through 140 of 193, Utilities Plan&Profile(16 sheets): 1. Delete:The existing PLAN SHEETS in their entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4],in lieu thereof. 3. Clarification:The fitting and valve tables at each intersection connection have been updated. In addition,the spool/nipple pieces(min 24" length) between valves and F fittings have been updated to ductile iron to match city standards. K. Drawing Sheet Nos. 144&145 of 193, Concrete Joint Layout(2 sheets): 1. Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4], in lieu thereof. 3. Clarification:The limits of pavement repair have been updated. L. Drawing Sheet Nos.153 through 158 of 193, Curb Ramp Details(7 sheets): 1. Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4],in lieu thereof. 3. Clarification:Submittal to a Registered Accessibility Specialist for TDLR review indicated that some ramps exceeded minimum slopes. Elevations have been revised to meet these requirements. Also Ramp Nos. P,Q, and R have are no longer needed and have been deleted. M. Drawing Sheet No. 162 of 193, Signage Plan(1 sheet): 1. Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS [Attachment No.4], in lieu thereof. r 3. Clarification:With the deletion of the proposed curb ramps at Blucher Street and ir. Mussett Street,some additional signage has been added in reference to the bike lane in this area. ii. L Addendum No.01 00 91 01-5 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 04-02-2014 e N. Drawing Sheet No. 167 of 193, Proposed Pavement&Striping Plan(1 sheet): 1. Delete:The existing PLAN SHEETS in its entirety. 2. Add:The REVISED PLAN SHEETS[Attachment No.4], in lieu thereof. 3. Clarification:With the deletion of the proposed curb ramps at Blucher Street and Mussett Street,the striping layout as been updated in this area. ARTICLE 3—PRE-BID MEETING QUESTIONS&CLARIFICATIONS 3.01 QUESTIONS A. Question:Can the City provide a separate document that includes all items required with submittal of the bid. Answer: The items required with the Contractors bid are detailed in Section 00 30 00— Bid Acknowledgement Form,Article 7. All items are included within the specification. 1 B. Question:There is a large amount of stormwater box that runs down the middle of the ' . road. There does not appear to be enough room to maintain 2 way traffic on one side of the roadway while the box is constructed,nor is the traffic control plan shown to indicate this. How is traffic to be handled for this situation? Answer: The Contractor shall provide interim traffic control for underground work. The work shall be controlled during daylight hours by flagmen and radio communications if necessary. The Traffic Control Plan has been update to show the work zone now varies based on the phase of construction being completed(Utility or Pavement). C. Question:Will liquidated damages be accessed if the milestones are not met as described in Section 0135 00—Special Procedures. Answer: Yes, damages will be implemented if substantial completion is not achieved per Section 01 35 00. Please note that this specification has been modified and the milestones set for the Proposed Sequence of Work have been updated. D. Question:There is a general note that indicates the Contractor is responsible for providing temporary parking. How will this be paid. Answer: Part B — Street Improvements in the Bid Form includes a Contigency Item for j, Unanticipated Conflicts and Offsite Parking in the amount of $35,000. An exhibit has been provided to detail the existing parking along Staples Street(Attachment No.5). E. Question: Is South Staples Street and Arterial Road. Answer: Yes,South Staples Street is identified as an Al Minor Arterial Undivided section in the current Urban Transportation Plan. I Addendum No.01 00 91 01-6 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 04-02-2014 ii F. Question: Does temporary pavement repair need to match the Detail on Sheet No.159. is Answer: No, this typical pavement repair is to be used on adjacent side streets and for utility construction at IH 37 and Morgan Avenue (Bid Item Nos. B28 and F55). The temporary pavement repair as described in the general notes (Page 2, Note C3) shall 1 consist of 2" HMAC with 12"crushed limestone base. ( G. Question: Is there a bid item for soil contamination remediation. I Answer: No, if soil contamination is discovered the Contractor shall stop all construction activities immediately and contact the project. Inspector as detailed on Sheet 2, Paragraph 2. Procedures shall be followed as identified in Section 00 72 00 — General Conditions,Paragraph 5.6"Hazardous Environmental Conditions at Site"and if required a [1. contract will be negotiated. H. Question:Can reinforced concrete pipe culverts be bell/spigot. Answer: Reinforced concrete pipe culverts shall meet the requirements identified on Sheet 3,Note GI.and Section 02 74 02—Reinforced Concrete Pipe Culverts. hie **NOTE:It should be noted that the Contractor is also responsible for Questions and Answers posted on Civcastusa;which shall also become part of the contract documents. 3.02 CLARIFICATIONS iLA. Clarification: Bid results shall be posted on http:/www.civcastusa.com/ B. Clarification: The City will be accepting both Online and Hard Copy Bids for the referenced project. Excel spreadsheets will not be made available to bidders. r END OF ADDENDUM NO. 1 Addendum No.01 00 91 01-7 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 04-02-2014 ' 00 0100 TABLE OF CONTENTS Division/ r Section Title t Division 00 Procurement and Contracting Requirements 00 11 16 Invitation to Bid (Rev 03/10/2015) 00 21 13 Instructions to Bidders(Rev 03/10/2015) F t !ti. 00 30 00 Bid Acknowledgement Form (Rev 03/10/2015) 00 30 01 Bid Form (Rev 03/23/2015) 00 30 02 Compliance to State Law on Nonresident Bidders lis" 00 30 04 Conflict of Interest Questionnaire a 00 30 05 Disclosure of Interest 00 30 06 Non-Collusion Certification I 00 45 16 Statement of Experience L00 52 23 Agreement(Rev 03/23/2015) 00 61 13 Performance Bond (Rev 07/03/2014) 00 61 16 Payment Bond (Rev 07/03/2014) L 72 00 General Conditions(Rev 03/23/2015) 00 72 01 Insurance Requirements(Rev 07/03/2014) his 00 72 02 Wage Rate Requirements(Rev 03/11/2015) L 00 72 03 Minority/MBE/DBE Participation Policy 00 73 00 Supplementary Conditions 00 74 00 Special Conditions for Regional Transportation Authority 00 74 01 Federal Supplemental Conditions(Construction Contracts), rev 3/06 ior 00 74 02 Special Provisions Concerning Disadvantaged Business Enterprises r t 00 74 03 RTA Certification Forms is 1. Certification Form 1 f 2. DBE Participation Form iii 3. References 4. Disclosure of Interest Certification It Ira 5. Buy America Certification I 6. Certification of Restrictions on Lobbying i t he I I t I ire • I I i ( ) a. Table of Contents 00 0100-1 i South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-23-2015 , r l i 1 I i Division/ I Section Title 0 Division 01 General Requirements 01 1100 Summary of Work 0123 10 Alternates and Allowances I 0129 00 Application for Payment Procedures(Rev 03/11/2015) 01 29 01 Measurement and Basis for Payment0 01 3100 Project Management and Coordination 0131 13 Project Coordination III 0131 14 Change Management 01 33 00 Document Management 01 33 01 Submittal Register(Rev 07/03/2014) 0133 02 Shop Drawings 0133 03 Record Data 0133 04 Construction Progress Schedule 0133 05 Video and Photographic Documentation I01 35 00 Special Procedures 0140 00 Quality Management 0150 00 Temporary Facilities and Controls 0157 00 Temporary Controls 0170 00 Execution and Closeout Requirements PART S STANDARD SPECIFICATIONS 021020 Site Clearing&Stripping I 021040 Site Grading 021080 Removing Abandoned Structures 022020 Excavation& Backfill for Utilities 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation . 0 022080 Embankment 022100 Select Material 022420 Silt Fence 025205 Pavement Repair,Curb,Gutter,Sidewalk, &Driveway Replacement 025210 Lime Stabilization Table of Contents 00 0100-2 I, South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 I L I Division/ Title Section L025223 Crushed Limestone Flexible Base 025404 Asphalts, Oils,& Emulsions 1 025412 Prime Coat 025416 Seal Coat 1 025424 Hot Mix Asphalt Concrete Pavement 025608 Inlets L 025610 Concrete Curb&Gutter 025612 Concrete Sidewalk&Driveways 025614 Concrete Curb Ramps 1 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 025805 Work Zone Pavement Markings to 025807 Pavement Markings(Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping,Words, &Emblems 025816 Raised Pavement Markers r DMS-4200 Pavement Markers(Reflectorized) lir DMS-6130 Bituminous Adhesive for Pavement Markers 026201 Waterline Riser Assembly 1 026202 Hydrostatic Testing of Pressure Systems 026206 Ductile Iron Pipe& Fittings 026210 PVC Pipe—AWWA C900/C905 Pressure Pipe for Municipal Water Mains and Wastewater Forcemains 026214 Grouting Abandoned Utility Lines L026402 Waterlines 026404 Water Service Lines r 026409 Tapping Sleeves&Tapping Valves ir" 026411 Gate Valves for Waterlines r 026416 Fire Hydrants its 027200 Control of Wastewater Flows 027202 Manholes 1 027203 Vacuum Testing of Wastewater Manhole and Structures 027205 Fiberglass Manholes 1 027402 Reinforced Concrete Pipe Culverts 027404 Concrete Box Culverts O• Table of Contents 00 0100-3 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 I 111 Division/ Title Section 027602 Gravity Wastewater Lines 027604 Disposal of Waste from Wastewater Cleaning Operations 027606 Wastewater Service Lines 027611 Cleaning and Televised Inspection of Conduits 027618 Wastewater Line Rehabilitation—Pipe Bursting 028040 Sodding 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 055420 Frames,Grates, Rings, &Covers PART T Technical Specifications T093100 Composite Shell Cast-In-Place Tactile Warning Surface Unit Appendices 1. Regulatory Screening Report 2. Subsurface Utility Exploration loration 3. Geotechnical Study Table of Contents 000100-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-23-2015 I I I 0011 16 INVITATION TO BID ARTICLE 1—GENERAL NOTICE 1.01 The City of Corpus Christi,Texas(Owner) is requesting Bids for the construction of the following Project: South Staples Street from Morgan Avenue to IH 37(BOND 2012) Project No. E12096 The project includes the reconstruction of two sections of Staples Street (having different existing conditions and pavement requirements); in addition to the reconstruction of Mestina Street (from South Staples to Artesian Street) and Artesian Street (from Leopard Street to Mestina Street) which is being funded by the Regional Transportation Authority. Along with the reconstruction of the pavement the project also includes ADA improvements such as sidewalks, curb ramps, and crosswalk striping. Traffic and other regulatory signage will be provided or upgraded, and concrete bus pads shall be constructed at existing RTA stops. Finally the project includes the rehabilitation or replacement of all existing water, wastewater, and stormwater utilities in the project limits. A few gas line adjustments will be required where conflicts arise with proposed improvements. Two bid forms will be used in the bidding process: Base Bid — Hot Mix Asphaltic Concrete Pavement , reconstruction(Part of1)Staplesand StreetBase betweenBid — Concrete IH 37 andPavement Comanche(PartStreet2). withPartconcrete1consists pavementofthe, and the reconstruction of Staples Street between Comanche Street and Morgan Avenue with asphalt pavement. Part 2 consist of the reconstruction of Staples Street between IH 37 and Morgan Avenue with concrete pavement. One alternate is included in the Bid Form that consists of reducing the crushed limestone base of the HMAC section by 3" by using a layer of geogrid. 1.02 The Engineer's Opinion of Probable Construction Cost for the Project is$13,250,109.55. The Project is to be substantially complete and ready for operation within 730 calendar days. 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 1 2.01 Advertisement and bidding information for the Project can be found at the following website: http:/www.civcastusa.com/ 2.02 Contract Documents may be downloaded or viewed free of charge at this website. It is the downloader's responsibility to determine that a complete set of documents, as defined in the Agreement are received. 2.03 This website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project. Invitation to Bid 00 11 16-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-10-2015 I ARTICLE 3—PRE-BID CONFERENCE 3.01 A non-mandatory pre-bid conference for the Project will be held on May 26,2015 at 10:30 1 A.M. at the following location: I City Hall Building—Capital Programs Conference Room 1 or 2 3rd floor,Capital Programs Department(formerly"Engineering Department") 1201 Leopard Street, Corpus Christi,Texas 78401 I 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 Bidding3 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. Note to Specifier: 5.02 Minority participation goal for this Project has been established to be 45%of the Contract Price. 5.03 Minority Business Enterprise participation goal for this Project has been established to be 15% of the Contract Price. ARTICLE 6—BID SECURITY 6.01 Bidders must submit an acceptable Bid Security with their Bid as a guarantee that the Bidder will enter into a contract for the Project with the Owner within 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 5 111 percent(5%) of the greatest amount bid. Invitation to Bid 001116-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-10-2015 I I 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 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 b. fails to provide the required Performance and Payment Bonds. 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. 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 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 7.01 Electronic Bids must be submitted to the CivCastUSA website at www.CivCastUSA.com no later than June 3, 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, ft 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 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 -South Staples Street from Morgan Avenue to IH 37(Bond 2012), Project No. E12096 Invitation to Bid 00 11 16-3 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-10-2015 L I 3 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 June 3, 2015 at 2:00 P.M. at the following location: 3 City Hall Building- City of Corpus Christi First Floor I 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 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 3 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. 3 ARTICLE 9—OTHER CONTRACT REQUIREMENTS 9.01 Contractors for this Project must pay no less than the prevailing wage rates for the area 3 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. 3 END OF SECTION 3 I 3 I Invitation to Bid 00 11 16-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-10-2015 I rim law 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 Commercial General Liability including Li. Commercial Form 2. Premises-Operations 3. Explosions and Collapse Hazard 4. Underground Hazard it 5. Products/Completed Operations Hazard $1,000,000 Per Occurrence 6. Contractual Liability $2,000,000 Aggregate r 7. Broad Form Property Damage 8. Independent Contractors 9. Personal &Advertising Injury Business Automobile Liability-Owned, Non-Owned, Rented and Leased $1,000,000 Combined Single Limit Workers'Compensation Statutory L Employer's Liability $500,000/500,000/500,000 16, 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 X Not Required discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Builder's Risk(All Perils including Collapse) Equal to Contract Price ❑ Required X Not Required Installation Floater Equal to Contract Price ❑ Required X Not Required Owner's Protective Liability Equal to Contractor's liability insurance ❑ Required X Not Required, 1.02 GENERAL PROVISIONS r.. 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 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 3 3 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 full3 compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. 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 Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the"other insurance"clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or 3 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 3 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 3 accordance with Texas Department of Insurance rules. Insurance Requirements 00 72 01-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 1 L L 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; l 2. Claims for damages insured by reasonably available personal injury liability coverage los which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason;and 5. Claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form)and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care,custody,and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody,or control of Contractor in lieu of elimination of the exclusion,or if required by this Section. Provide Installation Floater insurance that is a broad form or"All Peril" policy providing coverage for all materials, supplies, machinery,fixtures,and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance,or construction; b) Cost to remove Defective or damaged Work from the Site or to protect i"' 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 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 I 3 h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery,fixture,and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions,and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured-Engineers,Architects or Surveyors Not Engaged by the Named Insured"or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance,or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability,and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3 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 Supplementary Conditions as additional insureds. Insurance Requirements 00 72 01-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 F L 1 H. Purchase and maintain applicable professional liability insurance,or have Subcontractors 1 and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. i I. The policies of insurance required by this Section must: L1. Include at least the specific coverages and be written for not less than the limits of I liability provided in this Section or required by Laws or Regulations, whichever is I r 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 t named insureds and additional insureds. 1 l" 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. I P hil 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 L 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. r + 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE lir 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 i t Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability hi insurance. F r 1.05 PROPERTY INSURANCE Ii t k" 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 L or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT,Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk"all risk" policy form that includes insurance for physical loss or damage to the Work,temporary buildings,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; g smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion,and artificially generated electric current;earthquake;volcanic activity,and los 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 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 I caused by flood);and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion,and artificially generated electric current; earthquake;volcanic activity,and other earth movement; or flood, are not commercially available under builder's risk,by endorsement or otherwise,this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 1 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow forartial utilization of the Work byOwner. p 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primarycoverage for all losses and damages caused bythe perils or causes of g g 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. 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 Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor,Subcontractors,or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment,or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional Insurance Requirements 00 72 01-6 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 L , 1 L , 1 insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the 1 Lproceeds 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 t builder's risk insurance and other property insurance. $ 1.07 OWNER'S INSURANCE FOR THE PROJECT 1 ll t A. Owner is not responsible for purchasing and maintaining any insurance to protect the lirinterest of the Contractor,Subcontractors,or others in the Work. The stated limits of l 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 I connected with operations under this Contract whether or not these losses are covered by f insurance. The acceptance of evidence of insurance by the OPT, named insureds,or i si, additional insureds does not release the Contractor from compliance with the insurance I requirements of the Contract Documents. ARTICLE 2—EVIDENCE OF INSURANCE t kr t 2.01 ACCEPTABLE EVIDENCE OF INSURANCE lo. A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: L1. Certificates of Insurance on an acceptable form; i 2. Riders or endorsements to policies; and L. 3. Policy limits and deductibles. B. Provide a list of"Additional Insureds"for each policy. I LC. 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 t amount. I 2.02 CERTIFICATES OF INSURANCE € s A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under r Texas Insurance Code§1811.101;or i` 2. Form is a standard form deemed approved by the Department under Texas Insurance Code§1811.101. t Insurance Requirements 007201-7 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV07-03-2014 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 3 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. I: 2.03 INSURANCE POLICIES 3 A. Provide a copy of insurance policies,declaration pages and endorsements,and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations,or exclusions(except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised,or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 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 Administrator by calling 361-826-3530. ARTICLE 3—TEXAS WORKERS'COMPENSATION INSURANCE REQUIRED NOTICE3 3.01 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC- 81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the Project. I Insurance Requirements 00 72 01-8 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 07-03-2014 ( L i 2. Duration of the Project-includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project("Subcontractor" in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project,regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the Project. "Services" include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services" does not include activities unrelated to the Project,such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the Project,for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project,the Contractor must, prior to the end of the coverage kir 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 hob to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. 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 )r 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. hist vir Insurance Requirements 00 72 01-9 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV07-03-2014 ire II ( I I. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: : 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project,for the duration of the Project; 1 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 11 4. Obtain from each other person with whom it contracts,and provide to the Contractor: �� a. A certificate of coverage, prior to the other person beginning Work on the Project; and II b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period,if the coverage period shown on the current certificate of 3 coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the person knew or should have known,of any change that materially — affects the provision of coverage of any person providing services on the Project;and ' 13 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper 3 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 1 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. 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. I 1 END OF SECTION 111Insurance Requirements 0072 01_ 10 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 07-03-2014 I S I 00 73 00 SUPPLEMENTARY CONDITIONS IThese 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 L 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 NAISMITH ENGINEERING, INC. I B. The following entities,along with the members of the OPT,are to be named as an additional insured on all insurance policies,except workers compensation insurance and the Contractor's professional liability insurance. NONE i I ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 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: I 1. Include rain days in developing the schedule for construction. Schedule construction 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 L delivery of equipment and materials,and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. L Supplementary Conditions 007300-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 11-25-2013 L I 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 11/ February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 3. A total of 43 rain days have been set for this Project. An extension of time due to rain days will be considered only after 43 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. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: a. GEOTECHNICAL STUDY, PUBLISHED BY KLEINFELDER,JULY 19,2013-The Contractor may rely on the following Technical Data in using this document. I 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities) include the following: a. EXHIBIT NOS.A-5.1 &A-5.2,EXISTING CONDITIONS AND SUBSURFACE EXPLORATION, PUBLISHED BY NEI,MAY 2014 AS PART OF THE ELR-The Contractor may rely on the following Technical Data in using this document: 3 1) All information presented with regard to material type and general location. 2) All of the information in such drawings constitutes Technical Data on which Contractor may rely. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. I 1. Environmental Reports include the following: Supplementary Conditions 00 73 00-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 11-25-2013 L L a. LETTER,REGULATORY SCREENING ASSESSMENT,PUBLISHED BY NAISMITH ENGINEERING,INC., MARCH 20,2014-The Contractor may rely on the following Technical Data in using this document 2. Drawings of physical conditions relating to known Hazardous Environmental LConditions at the Site include the following: SEE THE LETTER IN SECTION ABOVE 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: L "The Contractor must perform at least 50 percent of the Work, measured as a percentage of the Contract Price, using its own employees." LEND OF SECTION I L I L I r L L. L L r Supplementary Conditions 00 73 00 3 South Staples Street from Morgan Avenue to IN 37(BOND 2012),Project E12096 11-25-2013 L K 00 52 23 AGREEMENT This Agreement,for the Project awarded on July 21,2015, is between the City of Corpus Christi (Owner) and Berry Contracting, LP dba Bay, Ltd. (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: South Staples Street from Morgan Avenue to IH 37(BOND 2012) Project No. E12096 The project includes the reconstruction of two sections of Staples Street (having different existing conditions and pavement requirements);in addition to the reconstruction of Mestina Street (from South Staples to Artesian Street) and Artesian Street (from Leopard Street to Mestina Street)which is being funded by the Regional Transportation Authority. Along with the reconstruction of the pavement the project also includes ADA improvements such as sidewalks, curb ramps, and crosswalk striping. Traffic and other regulatory signage will be provided or upgraded, and concrete bus pads shall be constructed at existing RTA stops. Finally the project includes the rehabilitation or replacement of all existing water, wastewater, and stormwater utilities in the project limits. A few gas line adjustments will be required where conflicts arise with proposed improvements. Two bid forms will be used in the bidding process: Base Bid — Hot Mix Asphaltic Concrete Pavement (Part 1), and Base Bid — Concrete Pavement (Part 2). Part 1 consists of the reconstruction of Staples Street between IH 37 and Comanche Street with concrete pavement, and the reconstruction of Staples Street between Comanche Street and Morgan Avenue with asphalt pavement. Part 2 consist of the reconstruction of Staples Street between IH 37 and Morgan Avenue with concrete pavement. One alternate is included in the Bid Form that consists of reducing the crushed limestone base of the HMAC section by 3" by using a layer of geogrid ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: NAISMITH ENGINEERING,INC. 4501 GOLLIHAR ROAD CORPUS CHRISTI,TEXAS 78411 Agreement 00 52 23-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-23-2015 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,Texas 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 730 calendar days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 30 calendar 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 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$500 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. Agreement 00 52 23-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-23-2015 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 minus Deduct Alternate No. 1 Price $ 13,414,114.10 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during 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 will 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. Agreement 00 52 23-3 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 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. 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 Agreement 00 52 23-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 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. 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. Agreement 00 52 23-5 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 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; C. DIRECTOR OF CAPITAL PROGRAMS; D. CITY SECRETARY for the City. Agreement 00 52 23-6 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV03-23-2015 ATTEST •R' S , -1-22- i41/42 • 1 City Secretary J. '. Edmonds, P.E. Director of Capital Programs APPROVED AS TO LEGAL FORM ��J//���,// �Y r 'O�5 7.1:,.,, ,,,1"..-1"...4)( sst. City Attorney to f ! [ 11<r* ,1:)4 ATTEST(IF CORPORATION) CONTRACTOR Berry Contracting, LP dba Bay, Ltd. (Seal Below) 13\ 11,.--- .._.::;j.....it Note: Attach copy of authorization to sign if Person signing for Contractor is not President, Title: E. S+-...., ,A-`, �� ),/'1 3 r . Vice President, Chief Executive Officer, or Chief Financial Officer 1414 Valero Way Address Corpus Christi,TX 78409 City State Zip 361/299-3721 Phone Ientzj@bayltd.com EMail END OF SECTION Agreement 00 52 23-7 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-23-2015 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 BAY LTD. (type or print name of company)on:June 3,2015 at 2:00 P.M.for SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37(BOND 2012), PROJECT NO. E12096. 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 -SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37(BOND 2012), PROJECT NO.E12096 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: Addendum No. Addendum Date Signature Acknowledging Receipt 1 5/29/2015 Bid Acknowledgement Form 00 30 00-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-10-2015 Addendum No. Addendum Date Signature Acknowledging Receipt 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. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; B. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; C. Underground Facilities referenced in reports and drawings; D. Reports and drawings relating to Hazardous Environmental Conditions, if any,at or adjacent to the Site; and E. 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 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. Bid Acknowledgement Form 00 30 00-2 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-10-2015 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: Base Bid—Hot Mix Asphalt Pavement(Part 1) $ 13 y, 289• 10 Base Bid—Concrete Pavement(Part 2) $ 1 4J (3 q ( 702. 0p Deduct Alternate No. 1 $ ( 714. 175.0o) The Bidder selected for award of the Contract will be either the Lowest Responsible Bidder or the Bidder who provides the Best Value for the Owner that submits a responsive Bid. Owner will, at its discretion, award the contract to the lowest responsible Bidder for the Base Bid, plus any combination of Add or Deduct Alternates or to the Bidder who provides the Best Value for the Owner. 4.02 Bidder will complete the Work in accordance with the Contract Documents at the unit prices shown in the BID FORM. A. Extended amounts have been computed in accordance with Paragraph 13.03 of the General Conditions. B. Bidder acknowledges that the estimated quantities are not guaranteed,and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents. C. Unit Price and figures column will be used to compute the actual Bid price. 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 Bid Acknowledgement Form 00 30 00-3 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-10-2015 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. 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 730 calendar 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 30 calendar 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 30 04 CONFLICT OF INTEREST QUESTIONNAIRE. F. SECTION 00 30 05 DISCLOSURE OF INTEREST. G. SECTION 00 30 06 NON-COLLUSION CERTIFICATION. H. SECTION 00 74 03 RTA CERTIFICTION FORMS Bid Acknowledgement Form 00 30 00-4 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 REV 03-10-2015 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. 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 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-10-2015 ARTICLE 11—BID SUBMITTAL. 11.01 This Bid is submitted by: Bidder: BERRY CONTRACTING dba BAY LTD. (typed or printed full legal name of Bidder) By: (individ 's signature) Name: JON LENTZ (typed or printed) Title: ESTIMATING MANAGER (typed or printed) Attest: (individual's signature) State of Residency: TEXAS Federal Tax Id. No. 74-2982901 Address for giving notices: BAY LTD. 1414 VALERO WAY CORPUS CHRISTI, TX 78409 Phone: 361-299-3721 Email: LENTZJaBAYLTD.COM (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 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 REV 03-10-2015 SPECIAL MEETING OF MANAGERS BERRY OPERATING COMPANY,LLC January 8,2002 Berry Operating Company,LLC, general partner of Berry Contracting,LP dba Bay Ltd. held a special meeting this 8th day of January 2002. Edward A.Martin, President, presided as Chairman and DonEtta Beaty served as Secretary. All managers were present and waived notice of call and purpose of meeting. Mr.Martin said that with the resignation of Howard Kovar,D. W.Berry had been named interim Division Manager for the Highway Division. He further said that the purpose of this meeting was and to name the individuals authorized to act for and on behalf of Bay Ltd. Highway Division in connection with matters relating to the Texas Department of Transportation and other state,municipal, federal,quasi governmental entities and private bodies. RESOLVED,that the following named individuals be empowered to act for and on behalf of Bay Ltd. as to the making and signing of contracts, bonds,bids,offers or other arrangements and revisions,changes or modification of same as the needs of the company may require. K. J.Luhan President D. W.Berry Vice President M. G.Berry Vice President A. L.Berry Vice President Edward A.Martin Vice President D. E. Spangler Vice President FURTHER RESOLVED that in the event D.W.Berry is unavailable,Mr. Jon Lentz is empowered to sign contracts,bonds,bids,offers or arrangements and revisions,changes or modifications of same as the needs of the Highway Division of Bay Ltd.may require,hereby ratifying and affirming all such acts. FURTHER RESOLVED that Jon Lentz,Estimating Manager and James Wright, Administrative Manager are specifically empowered to act for and on behalf of Bay Ltd. to sign"Proposal To the Texas Department of Transportation". FURTHER RESOLVED that the Secretary-Treasurer be and is herein authorized and directed to furnish a certified copy hereof to any interested parties with the knowledge that such parties sill rely upon same until actual receipt of written notice of change,deletion,modification, or revocation of such authority, Approved Correct: Edward A.Martin, President& CEO Attest: DonEtta Beaty, Secret Certification of Secretary I,DonEtta Beaty, Secretary of Berry Operating Company, LLC certify that the above are minutes of a special meeting of the Managers of Berry Operating Company,LLC general partner of Berry Contracting,LP dba Bay Ltd.held on the date shown above and that such resolution was validly adopted at the Managers meeting at which a quorum was present and such resolution is a continuing resolution and is presently valid and in full force and effect this the 8th day of January 2002, to which witness my hand. DonEtta Beaty, Secret 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. I PAGE 7 OF 12 00 30 01 BID FORM(REVISED) Project Name: SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37(BOND 2012) Project Number: PROJECT NO. E12096 Owner: CITY OF CORPUS CHRISTI,TEXAS Bidder: i 13 .e,tr. Cor.Aeo e-lr:n� Li" 'Ail A 0,1 t..i- e* . OAR: Designer: NAISMITH ENGINEERING INC. Basis of Bid Item I DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED I QUANTITY AMOUNT BASE BID- CONCRETE PAVEMENT(PART 2) Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 2-Al 'STORM WATER POLLUTION PREVENTION PLAN LS 1 $41)00.0,c0$C 000,oo 2-A2 TRAFFIC CONTROL PLAN LS 1 $31.10 OOfJ.oa $ ,10 000.0 2-A3 OZONE ACTION DAY EA 7 $ 1 o 0,0-0 $7.0 d. o 0- 2-A4 EXPLORATORY EXCAVATIONS LS 1 $14.4,00 0,00 140%(. o o0-,or SUBTOTAL PART A-GENERAL(Items 2-Al thru 2-A4) $ X033,)700:00 Part B-STREET IMPROVEMENTS(per SECTION D1 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 2 61 MOBILIZATION(MAXIMUM 5%OF STREET IMPROVEMENTS CONTRACT 1 PRICE) 1p 000.o0 210 0 00,as 2-B2 FINAL ASPHALT SURFACE(2-INCH TYPE'D'HMAC) SY 0 $ ' - $ ' - 2-B3 INITIAL ASPHALT SURFACE(3.5-INCHTYPE'B'HMAC) SY 0 $ - $ - CONCRETE SURFACE(9-INCH JOINTED CONCRETE PAVEMENT WITH 2-B4 STANDARD REINFORCEMENT) SY 42330 $ qq.0 0 $4 1 g o b10 .4 0 2-65 SEAL COAT(ONE COURSE) SY 0 $ $ 2-B6 PRIME COAT,MC-30(0.15 GAL/SY) GAL 0 $ - $ - 2-B7 12-INCH CRUSHED LIMESTONE BASE SY 0 $ - $ - 2-B8 8-INCH LIME STABILIZED AND COMPACTED SUBGRADE SY 44200 $5?,q D- $393 3to,•0 2-B9 ROADWAY EXCAVATION SY 44200 $10:ZS- , $(OS ISO-. D 2-610 REEL PAV MARK TY1(W)(4-INCH)(BROKEN) LF_ 2810 $ 1 .0 0 - $L p.oo 2-B11 REFL PAV MARK TY1(W)(4-INCH)(SOLID) LF 13839 $ C),4 S $ 11 (yc1.05 2-B12 REFL PAV MARK TY1(W)(4-INCH)(DOT) LF 400 $ ( , (5 - $ 44 bo.DO 2-813 REFL PAV MARK TY1(Y)(4-INCH)(SOLID) LF 11190 - $ 0,410- $ top'[),-D.: 2-B14 REEL PAV MARK TY1(W)(8-INCH)(SOLID) LF 460 $ 1,-7O - $is-L.0 D 2-B15 REFL PAV MARK TY1(W)(12-INCH)(SOLID GORE) LF 40 S(Q,q O- $Z14..0 O 2-B16 REFL PAV MARK TY1(W)(ARROW) EA _ 15 _$2.qp.0 0 $4.167 0.00 2-B17 REFL PAV MARK TY1(W)(WORD) EA 8 $350,0-0 $2.2 0 4. 0 0 2-B18 REFL PAV MARK TY1(W)(SYMBOL) EA 31 $ 32,0.0 0 $q cm,D. 00 2-B19 RAISED PAVEMENT MARKERS(TYPE I-C) EA 177 $9.o0- $ 1 S 81.00 2-B20 RAISED PAVEMENT MARKERS(TYPE II-A-A) EA 216 $ q, 00- $ ( SS4y,00 2-B21 RAISED PAVEMENT MARKERS(TYPE II-B-B) EA 18 $ 9.00- $ I d2, 00 2-822 CONCRETE DRIVEWAY SF 2201 $ 1 1 .SO $ZS 311,50 2-823 BLOCK SODDING SY 440 $ 12.ZS $ S Sik 0.00 2-B24 SIDEWALK DEMOLITION SF 11918 $2 . .0 0 $.23 R 1‘r • D 2-625 CURB AND GUTTER DEMOLITION LF 2255 $ \Q.5 0 $ 41;1'1'x'1. 0 2-B26 CONCRETE DRIVEWAY DEMOLITION SF 2373 $v.,.-7 0- $81 78 0, 10 2-B27 CONCRETE PAVEMENT DEMOLITION SF 247200 $0,V 0- $I q 832.0.0. Bid Form(REVISED)-Concrete Pavement(Part 2) Page 1 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 03-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 8 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 2-B28 PAVEMENT REPAIR SY 1430 $ (.1,0 fl $%1 130;00 2-B29 NEW REGULATORY SIGNAGE • EA 93 $q 00.00 $ 23/7011:0 0 2-B30 RELOCATION OF EXISTING SIGNAGE EA 2 $'390, 00 $ '7,6p. Do 2-B31 REMOVAL OF EXISTING SIGNAGE EA 3 $2-So. o 4 $ -7SO.0-0 CONTINGENCY FOR UNANTICIPATED CONFLICTS AND OFFSITE PARKING 2-B32 (MANDATORY) LS 1 $ 35,000.00 $ 35,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 2-B1 thru 2-832) $ 35,000.00 Part C-RTA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF RTA IMPROVEMENTS CONTRACT 2-C1 LS 1 $ - $ PRICE) 32000.00 31000.00 2-C2 8-INCH CONCRETE BUS PAD(WITH CRUSHED LIMESTONE BASE) SF 6725 $ 17,ZS $ l(b 00 fo:2.$ CONCRETE SURFACE(7-INCH JOINTED CONCRETE PAVEMENT WITH 1 2-C3 STANDARD REINFORCEMENT) SY 3510 $$2.0 O $2.$7 8 2.0. 00 2-C4 8-INCH LIME STABILIZED AND COMPACTED SUBGRADE SY 4285 $ 1.%0- $ U ( Qq3; oc 2-05 ROADWAY EXCAVATION SY 4285 $' .S o- $4 0 703;g0 2-C6 REEL PAV MARK TY1(W)(4-INCH)(BROKEN) LF 80 $ 1. 35- $ (04.00 2-C7 REEL PAV MARK TY1(W)(4-INCH)(SOLID) LF 510 $ ( . (5 - $ 5%19,5-p 2-C8 REFL PAV MARK TY1(Y)(4-INCH)(SOLID) LF 1180 $ 1, Is - $ Ii-357,-00 2-C9 RAISED PAVEMENT MARKERS(TYPE I-C) EA 4 $ 1\,roy $ 1,.00 2-C10 RAISED PAVEMENT MARKERS(TYPE II-A-A) EA 18 $ 1 t,55 0 $ 207, p o 2-C11 RAISED PAVEMENT MARKERS(TYPE II-B-B) EA 1 $ (1, So $ 1k,50- 2-C12 CONCRETE DRIVEWAY SF 3500 $ 1 k.-7 c $ 41 12S.ac 2-C13 BLOCK SODDING SY 400 $ ‘\,ZS $ 4500. 00 2-C14 SIDEWALK DEMOLITION SF 5641 $ 2.. o o $ `\ 121.00 2-C15 CURB AND GUTTER DEMOLITION LF 1707 $ k .25 $2,'j.J'32.M,7 S 2-C16 CONCRETE DRIVEWAY DEMOLITION SF 2747 $ 4.70 $ 0ct I,o;cto 4 o 2-C17 CONCRETE PAVEMENT DEMOLITION SF 1533 $ 5, 0 $ Q 4.4,-7o 2-C18 PAVEMENT REPAIR SY 19 $ 92, 0-9 $ t fig,Oo 2-C19 ADJUSTMENT OF EXISTING MANHOLE RING\COVER EA 9 $ 9,90 .-00 $ �ct.t 0.-40 2-C20 MANHOLE TO BE DEMOLISHED AND FILLED WITH SAND EA 1 $ 14 oo-.0a $ 19 oo.00 , 2-C21 CURB AND GUTTER LF 1287 $2.(a.00 $ 334b2,,Oro 2-C22 18-INCH REINFORCED CONCRETE PIPE LF 107 $ 13o.ao $ 1'S i9‘p.�0 2-C23 TRENCH SAFETY FOR STORMWATER LINES LF 107 $ 3. (4 0- $ 3 15 .1,-0 2-C24 CURB\GRATE INLET DEMOLITION EA 3 $ 1100.0t. $ 1300.00 2-C25 REMOVE EXISTING STORMWATER LINES LF 163 $ 1$. $'2.Q,VG 7S 2-C26 NEW REGULATORY SIGNAGE EA 5 $ 41.20.00 $ 'foo,o0 2-C27 RELOCATION OF EXISTING SIGNAGE EA 4 $30.0q $ ‘110,00 2-C28 CONCRETE SIDEWALK SF 4912 $fp.Coca- $ N3-11+1%23 2-C29 CONCRETE CURB RAMPS SF 168 $27. 00 $ 4 816,-00 2-C30 PREFABRICATED CROSSWALK STRIPING(24-INCH) LF 202 $ 19,:7$ $'2;721.SO 2-C31 PREFABRICATED CROSSWALK STRIPING(12-INCH) LF 72 $ 9.5 p $ Cog.k. O.D 2-C32 CONTINGENCY FOR UNANTICIPATED CONFLICTS(MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART C-RTA IMPROVEMENTS(Items 2-Cl thru 2-C32) $ 25,000.00 Part D-ADA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 2-D1 CONCRETE SIDEWALK SF 4304 $ (0,1 Qv $2 g)$3 C.VO 2-D2 CONCRETE CURB RAMPS SF 7128 $27.Qv $ I `12- �S(o. o a Bid Form(REVISED)-Concrete Pavement(Part 2) Page 2 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 9 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 2-D3 PREFABRICATED CROSSWALK STRIPING (24-INCH) LF 8952 $ i La,75 $149 49-b. O 2-D4 PREFABRICATED CROSSWALK STRIPING(12-INCH) LF 3602 $ . Coo $3,a-)q17.2- SUBTOTAL PART D-ADA IMPROVEMENTS(2-D1 THRU 2-D4) $40 ZpJk,• ,0 Part E-STORMWATER IMPROVEMENTS(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF STORMWATER IMPROVEMENTS 2-E1 LS CONTRACT PRICE) 1 $ I?O 000."'$(7,o p o0.`c 2-E2 5-FOOT CURB INLET EA 20 $4-{3 0°; o $' cJ 1000-.0,4 2-E3 CURB INLET EXTENSION EA 6 $13 PO.- $7$0 0.00 2-E4 GRATE INLET EA 3 $ 144A0;o0 $1.117 0o,0o 2-E5 CURB AND GUTTER LF 1458 $2..o, o o $ 00 2-E6 2-FOOT CONCRETE DRIVEWAY GUTTER LF 350 $ 4�BZW. y--{�.ob $ 15 j‘ .-oo $ 2-E7 118-INCH REINFORCED CONCRETE PIPE LF 2744 $( 0,00 $4441 -oa%420.00 2-E8 C24-INCH REINFORCED CONCRETE PIPE LF_ 1413 $ (4Q. 4pt1$ I' g2Q,po 2-E9 36-INCH REINFORCED CONCRETE PIPE LF 1452 $2 $ 00.0o 240 4}00.0! 2-E10 48-INCH REINFORCED CONCRETE PIPE LF 1311 $230.0o $3$0I%qo.00 2-E11 (60-INCH REINFORCED CONCRETE PIPE LF 30 $(070,00 $..O (Oo.oo 2-E12 4-FOOT X 4-FOOT BOX CULVERT LF 443 $3go,0o $, 7Z)?70 .00 2-E13 5-FOOT X 4-FOOT BOX CULVERT LF 2012 $L.f'{0-0 0 $ g$512.1.0.00 2-E14 7-FOOT X 2-FOOT BOX CULVERT LF 38 $7o o,©o $2.(..)(3 o0,0 2 Els 8-FOOT X 6-FOOT BOX CULVERT LF 46 $4:14 0. 00 $145)54-0 Li, "3q 2-E16 TRENCH SAFETY FOR STORMWATER LINES LF 9489 $ . to - $ 9o..,40 2-E17 JUNCTION BOX NO. 1 LS 1 $ 1(..)I 071,'40$ lb.,3 00.0 2-E18 JUNCTION BOX NO. 2 LS 1 $2.o ooA.Op $20 OOD.-OD 2-E19 JUNCTION BOX NO. 3 LS 1 $0q 0.'° $`'7,.400.-00 2-E20 TYPE'A'STORMWATER MANHOLE EA 29 $14-100,-0 n $1\e ctocs,of 2421 TYPE'B'STORMWATER MANHOLE EA 5 $.9$00aP0 $ (-4-9 ,30 0.0� 2422 TYPE'C'STORMWATER MANHOLE EA 17 $ 400;o0 $14 12.00104 2-E23 TYPED'STORMWATER MANHOLE EA 1 $(4000.-00 $ b1 oa.00 2 E24 (MANHOLE RISER EA 6 $ 11443o.o o $ XS 400.(00 2-E25 'LATERAL CONNECTION TOPIPEMAIN\MANHOLE EA 47 $ 1(oo.v0 $ 5V7oo,00 2-E26 REMOVAL\DISPOSAL OF EXISTING STORMWATER PIPE LF 2176 $2.-7,00 $ S r-751.p0 2-E27 MANHOLES TO BE DEMOLISHED AND FILLED WITH SAND EA 24 SG-70.0c) $ ((n p ao=oc 2-E28 MANHOLES TO BE DEMOLISHED AND REMOVED EA 33 $T?o.o o $Z,d71 0.00 2-E29 CURB INLET DEMOLITION EA 11 $(203,:00 $13 200.-0o 2-E30 GRATE INLET DEMOLITION EA 6 $$ttO.00 $ 040.-00 2-E31 GROUT FILL STORMWATER PIPE AND ABANDON IN PLACE LF 7433 $21 ,Q 0 $Z Iit,81g 1 2-E32 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART E-STORMWATER IMPROVEMENTS(2-E1 THRU 2-E32) $ 25,000.00 Part F-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASS FOR PAYMENT) 2-Fl (MOBILIZATION(MAXIMUM 5%OF WATER IMPROVEMENTS CONTRACT LS 1 $ $ PRICE) ,.,J 033.0:8 7 5,000.C D 2-F2 6-INCH PVC(C-900)WATERLINE LF 115 $"1%.00 $ ( 65.00 2-F3 8-INCH PVC(C-900)WATERLINE LF 440 $15. 00 $3.3 ,oao-.00 2-F4 110-INCH PVC(C-900)WATERLINE LF 40 $F3,.p p $ -421.012.00 2-F5 (12-INCH PVC(C-900)WATERLINE IF 6317 $'( . 00 $ 5l‘ 611.0.E J Bid Form (REVISED)-Concrete Pavement(Part 2) Page 3 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 2EV03-23-2415 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. I PAGE 10 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED ) QUANTITY AMOUNT 2-F6 16-INCH PVC(C-905)WATERLINE IF 80 $ 'to0,� $)Z 1OOi co 2-F7 6-INCH DUCTILE IRON PIPE LF 75 $3 0 $ ii7$00,c) 2-F8 8-INCH DUCTILE IRON PIPE LF 320 jakik $ y S Zoa.0D 2-F9 10-INCH DUCTILE IRON PIPE IF 20 $44-20.oo $4 0 o.oo 2410 12-INCH DUCTILE IRON PIPE IF 1130 $ IS 0,O0 $( (a4 5-0a.00 2411 16-INCH DUCTILE IRON PIPE IF 75 $2.4 o,a0 $247Sc. o.-o 2-F12 TRENCH SAFETY FOR WATERLINES IF 8537 $ 3.7P - $11))58(0.-C43 2413 6-INCH D.I.M.J.GATE VALVE EA 5 $ASO. 0o $ Li75 o.or 2-F14 8-INCH D.I.M.J.GATE VALVE EA 17 $ 1200.0e, $2.o'4 o.-0o 2-F15 12-INCH D.I.M.J.GATE VALVE EA 41 $2200:0o $1%17_0 cr.oa 2-F16 16-INCH D.I.M.J.GATE VALVE EA 2 $7400:oo $ 5-' OO.-oo 2-F17 8-INCH X 8-INCH D.I.M.J.TAPPING SLEEVE WITH GATE VALVE EA 1 $21}0 00:00 $2%-leoo.a0 2-F18 10-INCH X 10-INCH D.I.M.J.TAPPING SLEEVE WITH GATE VALVE EA 1 $ 3900 04 $'3 q o o• OD 2-F19 16-INCH X 16-INCH D.I.M.J. CROSS EA 1 $23oo.-oo $2 3 00. o0 2420 12-INCH X 12-INCH D.I.M.J.CROSS EA 5 $ )) 00.0n $S Soo.00 2421 12-INCH X 8-INCH D.I.M.J. REDUCING CROSS EA 6 $7$0.0 0 $ 4 6 80. 80 2-F22 12-INCH X 6-INCH D.I.M.1. REDUCING CROSS EA 1 $.700.0o $7 oo. op 2-F23 12-INCH X 12-INCH D.I.M.J.TEE EA 2 $V70.00 $ %-1 ..o,o0 2-F24 12-INCH X 8-INCH D.I.M.1. REDUCING TEE EA 3 $7Z.0. , $2.1 6 p,Oo 2-F25 8-INCH X 6-INCH D.I.M.J.REDUCING TEE EA 1 $ 3 %..4). $7,20. Oo 2426 16-INCH X 12-INCH D.I.M.J. REDUCER EA 2 $ 141:1Q.coo $ 9'$0,0-0 2-F27 12-INCH X 10-INCH D.I.M.J. REDUCER EA 2 $130.00 $ 44 o. OD 2-F28 12-INCH X 8-INCH D.I.M.J. REDUCER EA 3 $Zq 0,oo $ Tip, 0-0 2-F29 12-INCH X 6-INCH D.I.M.J. REDUCER EA 2 $270.00 $ S4-0.o-o 2-F30 16-INCH D.I.M.J.45 DEGREE BEND EA 16 $A90,P0 $ 14,240:00 2431 12-INCH D.I.M.J.90 DEGREE BEND EA 9 $ ..30 ;09 $ 4-77o.00 2-F32 12-INCH D.I.M.J.45 DEGREE BEND EA 162 $ 500. tic, $ FS) 000,00 2-F33 10-INCH D.I.M.J.45 DEGREE BEND EA 6 $ LfOo,na $,-CfoO.00 2-F34 8-INCH D.I.M.J.45 DEGREE BEND EA 60 $ 330.0 O $ 141 00.07 2-F35 8-INCH D.I.M.J.90 DEGREE BEND EA 8 $32-0,0-0 $Z.5 L.o;o0 2-F36 6-INCH D.I.M.J.45 DEGREE BEND EA 16 $1.4 o.eo $ 3 o►FA.vo 2437 6-INCH D.I.M.J.90 DEGREE BEND EA 4 $ 2-50.00 $ 1000 .00 2-F38 16-INCH D.I.M.J.LONG PATTERN SLEEVE(12-INCH MIN.) EA 2 $ 44 O;00 $ \91 o.co p 2-F39 12-INCH D.I.M.J.LONG PATTERN SLEEVE(12-INCH MIN.) EA 9 $ 41.0.0 0 $ t4,2,30,00 2-F40 10-INCH D.I.M.J. LONG PATTERN SLEEVE(12-INCH MIN.) : EA 1 $ 42.0.00 $ L'2P• 0-0 2-F41 8-INCH D.I.M.J. LONG PATTERN SLEEVE(12-INCH MIN.) EA 17 $ -47 c....00 $ LI,0.-00 2-F42 6-INCH D.I.M.J. LONG PATTERN SLEEVE(12-INCH MIN.) EA 5 $ 'at 0‘00 $ (S S o.-o o 2-F43 16-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 6 $ 31.,0 o o $ i 2‘54°.°C' 2-F44 12-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 58 $ I C.o.OD $ 42.$O: oc 2-F45 10-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 2 $S.f' o.I,o $ Itbo.o o 2446 18-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 43 $ )/0.-0o $ -7 310.00 2-F47 6-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 10 $ 220.00 $ 2Z-oo.00 2-F48 TEMPORARY CONNECTION TO EXISTING WATERLINE EA 6 $11 oc,00, $ i i 60 0.00 2-F49 FIRE HYDRANT ASSEMBLY EA 19 $4- 7oo;p0 $ f300c 2-F50 REMOVE\SALVAGE EXISTING FIRE HYDRANT EA 16 $ 1.4.4.0,00 $7o ‘4.0.O0 2451 RELOCATE\RECONNECT EXISTING 1-INCH WATER SERVICE& METER EA 3 $15 o o.00, $ 1+Soo.00 2-F52 RECONNECT EXISTING 1-INCH WATER SERVICE EA 6 $ 13oca.00 $780 0.0o 2-F53 RECONNECT EXISTING 2-INCH WATER SERVICE EA 68 $304 p-DQ $2 04 000.D0 2 F54 RECONNECT EXISTING FIRE VAULT EA 5 $ CES 0 0-40 $ZO fioo:047 Bid Form(REVISED)-Concrete Pavement(Part 2) Page 4 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 03-23-2015. 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 11 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 2-F55 PAVEMENT REPAIR SY 120 $ C ,00 $ ? I(o o ,-03 2-F56 WATERLINE TO BE REMOVED AND DISPOSED LF 540 $ I s.7s. $ , -OS,-0o 2-F57 WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE IF 7800 $ ( (o.4 o $ (27 92.0.o.o 2-F58 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 $ 16.000.00 SUBTOTAL PART F-WATER IMPROVEMENTS(2-F1 THRU 2-F58) $ 10,000.00 Part G-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF WASTEWATER IMPROVEMENTS 2-G1 CONTRACT PRICE) LS 1 $'4 oJa 0o ,00 $ (40 0 o,,o„ 6-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 8-INCH ! 2-G2 POLYETHYLENE PIPE(SDR 17, IPS) LF 1766 $ ss, 00 $ 9 7J (3 g o• 8-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 10-INCH 2-G3 POLYETHYLENE PIPE(SDR 17, IPS) LF 2297 $ (, o, DO $ ‘8(Jt91,,,• O 10-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 12-INCH 2-G4 POLYETHYLENE PIPE(SDR 17, IPS) LF 1105 $1•6•00- $ 45 03 ,, •. 2-G5 CLEAN EXISTING SEWER LINES PRIOR TO REHABILITATION _LF 5168 $C,_3p - $32J 5s -Lip 2-G6 6-INCH PVC(SDR 26)GRAVITY SEWER PIPE LF 465 $Zso. o0 $ U(o 2So, •• 2-G7 8-INCH PVC(SDR 26)GRAVITY SEWER PIPE LF 439 $2..G.o. 00 $ 114 (4o- 00 2-G8 DEWATERING(ONLY ON DEPTHS>10 FEET) LF 904 $33.00 $2 I ir22.;oo 2-G9 TRENCH SAFETY FOR WASTEWATER LINES LF 904 $(0.30 - $56/5,10 REHABILITATION OF EXISTING BRICK\CONCRETE MANHOLES WITH A 2-610 FIBERGLASS LINER&NEW RING\COVER EA 18 $ 7 9 a0..343 $14a)ZoQ,00 16-INCH DIAMETER STEEL CASING(CORE 20-INCH HOLE IN BOX CULVERT 2-G11 AND FILL VOID WITH LINK SEAL) LF 20 $4 go.0o $ 91.o°, 00 2-G12 4-FOOT DIAMETER FIBERGLASS MANHOLE EA 1 $ 1'3j4-0a,c• $I3)4 00,'00 2-G13 WASTEWATER BY-PASSING LS 1 $ X713 0,1,00 $ 17 30o,-oo 2-G14 SHORT SANITARY SERVICE RECONNECTION EA 68 $3300.00 $Zy4,4on:oo 2-G15 LONG SANITARY SERVICE RECONNECTION EA_ 87 $ 47oa.'oo $q..og 90o,•. 2-G16 ADJUSTMENT OF EXISTING MANHOLE RING\COVER EA 4 $ 27-00:00 $'Soo. o 2-G17 VCP\CIP TO PVC COUPLING (12-INCH MIN.) EA 20 $ZSo ,00 $SoO). oo 2-G18 EXISTING WASTEWATER MANHOLE TO BE REMOVED EA 1 $ ($00,00 $ ii. oo. &.o 2-G19 WASTEWATER GRAVITY LINE TO BE REMOVED AND DISPOSED LF 985 $ '},o Q $ (os,0o 2-G20 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(2-G1 THRU 2-G20) $ 10,000.00 Part H-GAS SYSTEM IMROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 2-H1 BACKFILL AND COMPACTION OF LINES ADJUSTED BY GAS DEPARTMENT LF 773 $£4.3.0 $33 7-34. 2-H2 CONTINGENCY FOR UNANTICIPATED UT',LITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 $ ,10,000.00 SUBTOTAL PART H-GAS SYSTEM IMPROVEMENTS (2-H1 THRU 2-H2) $ 10,000.00 Bid Form(REVISED)-Concrete Pavement(Part 2) Page 5 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 03-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 AT TACI-1,1ENT NO. 1 PAGE 12 OF 12 Item I DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items 2-Al thru 2-A4) $ 633 7,o0 . 0 O - SUBTOTAL PART B-STREET IMPROVEMENTS(Items 2-B1 thru 2-B32) $ S 7'8o S$S. Is- SUBTOTAL PART C-RTA IMPROVEMENTS(Items 2-Cl thru 2-C32) $ j7(01, 10) .-75 - SUBTOTAL PART D-ADA IMPROVEMENTS(Items 2-D1 thru 2-D4) $ 1402.12k (o • 00 - SUBTOTAL PART E-STORMWATER IMPROVEMENTS(Items 2-E1 thru 2-E32) $ 3, Lt. Z)q 4*.A SUBTOTAL PART F-WATER IMPROVEMENTS(Items 2-F1 thru 2-F58) $ Lj R *0'753.4 v SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(Items 2-G1 thru 2-G20) $ S37 Q46. (Do- SUBTOTAL PART H-GAS SYSTEM IMPROVEMENTS(Items 2-H1 thru 2-H2) $ ( 172-Bct. o O 'TOTAL PROJECT BASE BID(PARTS A THRU H) ' $ 14 (o q ( 7 a Z sero Contract Times Bidder agrees to reach Substantial Completion in 730 days Bidder agrees to reach Final Completion in 760 days Bid Form(REVISED)-Concrete Pavement(Part 2) Page 6 of 6 South Staples Street from Morgan Avenue to IH 37 (BOND 2012)-Project E12096 REV 03-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 1 OF 12 00 30 01 BID FORM(REVISED) Project Name: SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37(BOND 2012) Project Number: PROJECT NO.E12096 Owner: CITY OF CORPUS CHRISTI,TEXAS Bidder: *r:..�- . %.44.i.f CA.►k e. a covins up b$ A 1 3 f'�vn H 0..4. ,. L.A.rk. OAR: (��p` Designer: ENGINEERING INC. Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT BASE BID- HOT MIX ASPHALT CONCRETE PAVEMENT(PART 1) Part A-General(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1-Al STORM WATER POLLUTION PREVENTION PLAN LS 1 $10o 400.00 $ 1001 goo:- 1-A2 TRAFFIC CONTROL PLAN LS 1 $38'0I 600,0 $ 38016o0 -co 1-A3 OZONE ACTION DAY EA 7 $ (00.o- $ 300. 00 1-A4 EXPLORATORY EXCAVATIONS LS 1 $170 000:oo $ 170000.-0o SUBTOTAL PART A-GENERAL(Items 1-Al thru 1-A4) $6 S1,(oo,-00 Part B-STREET IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF STREET IMPROVEMENTS CONTRACT 1-81 PRICE) LS 1 $a(0,000.00 $ ato,Ooa,00 1-B2 FINAL ASPHALT SURFACE(2-INCH TYPED'HMAC) SY 34200 $ /y.'LS $ ye71 3,$'0,ea 1-B3 INITIAL ASPHALT SURFACE(3.5-INCH TYPE'B'HMAC) SY 34200 $ 2-0.0 a $ 60/0 00-co CONCRETE SURFACE(9-INCH JOINTED CONCRETE PAVEMENT WITH 1-84 STANDARD REINFORCEMENT) SY 9150 $ 10,O- 0 12 $ 7l5;aop-0o 1-B5 SEAL COAT(ONE COURSE) SY 34200 $ 3:30 - $ 11z F6o,-0o 1-B6 PRIME COAT,MC-30(0.15 GAL/SY) GAL 5130 $ S.3D - $ 2?I 189.©0 1-B7 12-INCH CRUSHED LIMESTONE BASE SY 34500 $ 0'2.2.00 $ 757/OOO.C° 1-B8 8-INCH LIME STABILIZED AND COMPACTED SUBGRADE SY 44200 $ 9.GO- $3 97 goo.o0 1-69 EXCAVATION AND EMBANKMENT(12-INCH MIN.) SY 44200 $ .00 $ �/S6 i 2,o 0,o0 1-B10 REFL PAV MARK TY1(W)(4-INCH)(BROKEN) LF 2810 $ /.eve)- $ a i 9,0.-e40 1-311 REFL PAV MARK TY1(W)(4-INCH)(SOLID) LF 13839 $ 0.98 $ 13114(7.05-- 1-B12 3114(7.051-B12 REFL PAV MARK TY1(W)(4-INCH)(DOT) LF 400 $ ( ,15 - $ WO 0,o-0 1-B13 REFL PAV MARK TY1(Y)(4-INCH)(SOLID) LF 11190 $ 0,90 - $ /off 6,7(,00 1-B14 REFL PAV MARK TY1(W)(8-INCH)(SOLID) LF 460 $ I, Q $ ?g2.,0 1-B15 REFL PAV MARK TY1(W)(12-INCH)(SOLID GORE) LF 40 $ 7.00- $ 1$0 .00 1-B16 REFL PAV MARK TY1(W)(ARROW) EA 15 $ 290,D0 $ Lf1 35-0.-o o 1-317 REFL PAV MARK TY1(W)(WORD) EA 8 $ 35-0.00 $ 2'800 . 00 1-618 REFL PAV MARK TY1(W)(SYMBOL) EA 31 $ 3.2 0.00 $ 91920,-0b 1-619 RAISED PAVEMENT MARKERS(TYPE I-C) EA 177 $ 9.10 - $. jr `(0.70 1-B20 RAISED PAVEMENT MARKERS(TYPE II-.A-A) EA 216 $ 9. 10 $ I 9c5.60 1-B21 RAISED PAVEMENT MARKERS(TYPE II-B-B) EA 18 $ 9 , lb - $ 1143.g0- 1-B22 CONCRETE DRIVEWAY SF 2201 $ //,7S- $ --x5;$61,75 1 B23 BLOCK SODDING SY 440 $ ),Z,Sro- $ Scav, oo 1-B24 SIDEWALK DEMOLITION SF 11918 $ 2.00- $ 23/836.-90 1-825 CURB AND GUTTER DEMOLITION LF 2255 $ jq.75 - $ Lf q 8'36,2x 1-B26 CONCRETE DRIVEWAY DEMOLITION SF 2373 $ 3.70- $ $`7,601 t 0 - 1-827 CONCRETE PAVEMENT DEMOLITION SF 247200 $ Q.40- $ I Li 9i 320,-00 Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 1 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 Ph\r 03-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 2 OF 12 ESTIMATED EXTENDED Item DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 1-B28 PAVEMENT REPAIR SY 410 $ 42.oo $7,$I yzo -tb 1-B29 NEW REGULATORY SIGNAGE EA 93 $ °/(0,00 $ $l/)6 3a .-01) 1-B30 RELOCATION OF EXISTING SIGNAGE EA 2 $ 390.0-b $ -7 g0.0 b 1-B31 REMOVAL OF EXISTING SIGNAGE EA 3 $ .2.5-0,0e $ ?S-o. 00 CONTINGENCY FOR UNANTICIPATED CONFLICTS AND OFFSITE PARKING 1-632 (MANDATORY) LS 1 $ 35,000.00 $ 35,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items 1-B1 thru 1-632) $ 35,000.00 Part C-RTA IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF RTA IMPROVEMENTS CONTRACT 1-C1 PRICE) LS 1 $32 000.co $32 060 .00 e / 1-C2 8-INCH CONCRETE BUS PAD(WITH CRUSHED LIMESTONE BASE) SF 6725 $ j7.So- $ 11716.92.So CONCRETE SURFACE(7-INCH JOINTED CONCRETE PAVEMENT WITH 1-C3 STANDARD REINFORCEMENT) SY 3510 $ $3.o 0 $d3/t 330:of 1-C4 8-INCH LIME STABILIZED AND COMPACTED SUBGRADE SY 4285 $ 9'.4 D $(12/C12/,J-0 1-05 EXCAVATION AND EMBANKMENT(12-INCH MIN.) SY 4285 $ ct . 4 0 $ to/134 . 0o 1-C6 REFL PAV MARK TY1(W)(4-INCH)(BROKEN) LF 80 $ J , 35 $ 1o8 . °o 1-C7 REFL PAV MARK TY1(W)(4-INCH)(SOLID) LF 510 $ ' ,1 S- $ 1-86 .So 1-C8 REFL PAV MARK TY1(Y)(4-INCH)(SOLID) LF 1180 $ I , IS-- $ 11357,0v 1-C9 RAISED PAVEMENT MARKERS(TYPE I-C) EA 4 $ )/, 7 s- $ t0,04, 1-C10 RAISED PAVEMENT MARKERS(TYPE II-A-A) EA 18 $ I I,75-- $ 21/ . S c 1-C11 RAISED PAVEMENT MARKERS(TYPE II-B-B) EA 1 $ ) ( •75-- $ fl, ?S" - 1-C12 CONCRETE DRIVEWAY SF 3500 $ )'2.. 0.0 $ L127 000: 0a 1-C13 BLOCK SODDING SY 400 $ I/ .s0 $ It600,-ofl 1-C14 SIDEWALK DEMOLITION SF 5641 $ 2,oo $ // A8z.00 1-C15 CURB AND GUTTER DEMOLITION LF 1707 $ 1,4,1-c $ 3,y6 7sl.—o 1-C16 CONCRETE DRIVEWAY DEMOLITION SF 2747 $ y, ?o $ /Z 9/s.9a 1-C17 CONCRETE PAVEMENT DEMOLITION SF 1533 $ G,0o- $ 7�/98,Oa 1-C18 PAVEMENT REPAIR SY 19 $?3,no $ ?6?.00 1-C19 ADJUSTMENT OF EXISTING MANHOLE RING\COVER EA 9 $ /,000iO0 $ glpso, 00 1-C20 MANHOLE TO BE DEMOLISHED AND FILLED WITH SAND EA 1 $ I,goo,o 0 $ f/Foo .60 1-C21 CURB AND GUTTER LF 1287 $ 2(oceo- $ "31 % ,-o o 1-C22 18-INCH REINFORCED CONCRETE PIPE LF 107 $ )3 D. oo $ 1319//2• 00 1-C23 TRENCH SAFETY FOR STORMWATER LINES LF 107 $ 'b. 7d $ a 95-.go 1-C24 CURB\GRATE INLET DEMOLITION EA 3 $ )I)oo. eo $ 3,3o0.ov 1-C25 REMOVE EXISTING STORM WATER LINES LF 163 $ is .5-0- $ 3,0/S.SD 1-C26 NEW REGULATORY SIGNAGE EA 5 $ `1'7o. oo $ t// 8So. o-D 1-C27 RELOCATION OF EXISTING SIGNAGE EA 4 $ 37o. op $ /,31.0.-00 1-C28 CONCRETE SIDEWALK SF 4912 $ C.?o - $ " Zig/0,1/a 1-C29 CONCRETE CURB RAMPS SF 168 $ 2.7. 0O $ t/ • -3',-00 1-C30 PREFABRICATED CROSSWALK STRIPING(24-INCH) LF 202 $ /1,o o $ 3/8 38,v0 1-C31 PREFABRICATED CROSSWALK STRIPING(12-INCH) LF 72 $ 1 4 0 $ g / 2' 1-C32 CONTINGENCY FOR UNANTICIPATED CONFLICTS(MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART C-RTA IMPROVEMENTS(Items 1-Cl thru 1-C32) $ 25,000.00 Part D-ADA IMPROVEMENTS(per SECTION,021,29 01 MEASUREMENT AND BASIS FOR PAYMENT) 1-D1 CONCRETE SIDEWALK/ SF 4304 $ G,V0 - $ 29124?.20 1-D2 CONCRETE CURB RAMPSLKSF 7128 $ 2 Coo $ /9j(CBY=e0 / . Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 2 of 6 South Sta les Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 03-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 3 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 1-D3 PREFABRICATED CROSSWALK STRIPING(24-INCH) LF 8952 $ 120 0- $ 152-i tg'f o0 1-D4 PREFABRICATED CROSSWALK STRIPING(12-INCH) LF 3602 $ 5.70 - $ 311 337. o SUBTOTAL PART D-ADA IMPROVEMENTS(1-D1 THRU 1-D4) $Cl/2-1 3 7.2,6D Part E-STORMWATER IMPROVEMENTS(per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF STORMWATER IMPROVEMENTS 1-E1 CONTRACT PRICE) LS 1 $ 17 000,00 $ 0 170/00o,00 1-E2 5-FOOT CURB INLET EA 20 $ 600..-00 $ 921,000,-0e 1-E3 CURB INLET EXTENSION EA 6 $ j I3oo,-0o $ ?is'oo-00 1-E4 GRATE INLET EA 3 $ 5;000.-c° $ 15/000,00 1-ES CURB AND GUTTER LF 1458 $ ,2 g,°A $ yol$32 y-0° 1-E6 2-FOOT CONCRETE DRIVEWAY GUTTER IF 350 $ GJ 5- ex., $ 1 r1 7sc,o 0 1-E7 18-INCH REINFORCED CONCRETE PIPE LF 2744 $ ( 8(. D° $ N9G/664/:" 1-E8 24-INCH REINFORCED CONCRETE PIPE IF 1413 $ 139. °-° $ J9'61 1(07," 1-E9 36-INCH REINFORCED CONCRETE PIPE LF 1452 $ 2 oo, O0 $ a/0 I/00--6° 1-E10 48-INCH REINFORCED CONCRETE PIPE LF 1311 $ 2 9 0, oo $ 3$0)J5t0;°0 1-E11 60-INCH REINFORCED CONCRETE PIPE LF 30 $ (0$0 ," $ ,..10/(/oo:°o 1-E12 4-FOOT X 4-FOOT BOX CULVERT LF 443 $ 39 o,01) $ )7.21270." 1-E13 5-FOOT X 4-FOOT BOX CULVERT LF 2012 $ Lfs'o .46 $ 9 0,5-1yoo;oa 1-E14 7-FOOT X 2-FOOT BOX CULVERT LF 38 $ 7 (0, o° $ 26 ?go!'"" 1-E15 8-FOOT X 6-FOOT BOX CULVERT LF 46 $ j oe o.-0° $ G(61/coo,-OO 1-E16 TRENCH SAFETY FOR STORMWATER LINES LF 9489 $ 41,10- $ 3g 9ny,9 o 1-E17 JUNCTION BOX NO. 1 LS 1 $ IG/f oa.°o $ 161sat) ,ain 1-E18 JUNCTION BOX NO. 2 LS 1 $2,0I 2 oo.e' $ Zol200, 4O 1-E19 JUNCTION BOX NO. 3 LS 1 $ (g1{0o,00 $ isitoo 2 00 1-E20 TYPE'AI STORMWATER MANHOLE EA 29 $ 14100;00 $ 11(6;100,-00 1-E21 TYPE'S'STORMWATER MANHOLE EA 5 $ 91$90,to $ 01,-o0,-00 1422 TYPE'C'STORMWATER MANHOLE EA 17 $ g ?ooroo $ /i0/900,o0 1-E23 TYPE0'STORMWATER MANHOLE EA 1 $ 61 1 roO3;a0 $ %oo,eo q„ 1-E24 MANHOLE RISER EA 6 $ J 1 °,oc $ St(/o o, 00 1-E25 LATERAL CONNECTION TO PIPE MAIN\MANHOLE EA 47 $ ( (0000 $ 571 700,4 1-E26 REMOVAL\DISPOSAL OF EXISTING STORMWATER PIPE LF 2176 $ 2,7,-0 0 $ ,$`g 1 25-2-,o0 1-E27 MANHOLES TO BE DEMOLISHED AND FILLED WITH SAND EA 24 $ G$0•t'-0 $ it, ,z,o;c° 1-E28 MANHOLES TO BE DEMOLISHED AND REMOVED EA 33 $ 530 O. °-o $291 o yD,-oo 1-E29 CURB INLET DEMOLITION EA 11 $ J zoo,/0O $ 131 Zoo, o0 1-E30 GRATE INLET DEMOLITION EA 6 $ SS-°.0D $ 5, /oo, as 1-E31 GROUT FILL STORMWATER PIPE AND ABANDON IN PLACE LF 7433 $2% . o.o $ I o!, S24.00 1-E32 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 25,000.00 $ 25,000.00 SUBTOTAL PART E-STORM WATER IMPROVEMENTS(1-E1 THRU 1-E32) - $ 25,000.00 Part F-WATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) _ MOBILIZATION(MAXIMUM 5%OF WATER IMPROVEMENTS CONTRACT 1-F1 PRICE) LS 1 $ 75;00o;00 $ 75;000,00 1-F2 6-INCH PVC(C-900)WATERLINE LF 115 $ 7 2,m° $ 5,a6 0.0° 1-F3 8-INCH PVC(C-900)WATERLINE LF 440 $ 7 6,00 _$ 33) 41z(6-;°° 1-F4 10-INCH PVC(C-900)WATERLINE LF 40 $ 1,00 $ 312,140.40 1-F5 12-INCH PVC(C-900)WATERLINE LF 6317 $ g2 , oo $S-17 9'34,00 Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 3 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 HEV CH-13-2015 111111111111v =-2 -2015 r 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 4 OF 12 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 1-F6 16-INCH PVC(C-905)WATERLINE LF 80 $ 1 6 0,0.0 $ 12 I goo.-O° 1-F7 6-INCH DUCTILE IRON PIPE LF 75 $ 3 56,40 $ 25 5—o°.4° 1-F8 8-INCH DUCTILE IRON PIPE LF 320 $ 3 40,0-0 $ 11 Saoa,o0 1-F9 10-INCH DUCTILE IRON PIPE LF 20 $ l/2 p.tro $ III goo,4D° 1-F10 12-INCH DUCTILE IRON PIPE LF 1130 $ 1 co,oo $ 1 6 9,S-oo;00 1-F11 16-INCH DUCTILE IRON PIPE LF 75 $ 2-'0." $ 2 (j 75—cr." 1-F12 TRENCH SAFETY FOR WATERLINES LF 8537 $ 3,74 $ 31+Sg6.90 1-F13 6-INCH D.I.M.J.GATE VALVE EA 5 $ 700,oo $ cflgo0 ..441 1-F14 8-INCH D.I.M.J.GATE VALVE EA 17 $ 1 Zoo,°O $ 20,1/Do.o0 1-F15 12-INCH D.1.M.J.GATE VALVE EA 41 $ 2 1),,go;00 $ 901zo° co 1-F16 16-INCH D.I.M.J.GATE VALVE EA 2 $ (6I oso,-OD $ /6 i 000,-°° 1-F17 8-INCH X 8-INCH D.I.M.J.TAPPING SLEEVE WITH GATE VALVE EA 1 $ 2,i t/00.0° $ .2„, foo, '90 1-F18 10-INCH X 10-INCH D.I.M.J.TAPPING SLEEVE WITH GATE VALVE EA 1 $ 3(900-." $ ' /9 oo, O-0 1-F19 16-INCH X 16-INCH D.I.M.J.CROSS EA 1 $ 2Soo. ° $Z3p0. 00 1-F20 12-INCH X 12-INCH D.I.M.J. CROSS EA 5 $ toe.-0O S 5,5-0o. °O 1-F21 12-INCH X 8-INCH D.I.M.J. REDUCING CROSS EA 6 $ 7c70, �O $ 1/ ? &.- ° 1-F22 12-INCH X 6-INCH D.I.M.J. REDUCING CROSS EA 1 $ 7/0 °° $ 7/0, 0-0 1-F23 12-INCH X 12-INCH D.I.M.J.TEE EA 2 $ 0 go,©O $ / 76o. Q0 1-F24 12-INCH X 8-INCH D.I.M.J. REDUCING TEE EA 3 $ 7 30.-4' $ 1,190. °° 1-F25 8-INCH X 6-INCH D.I.M.J.REDUCING TEE EA 1 $ 3o -DO $ 3£'o .°°- 1-F26 0Q1-F26 16-INCH X 12-INCH D.I.M.J. REDUCER EA 2 $ SO o,e0 $ / coy.C° 1-F27 12-INCH X 10-INCH D.I.M.J. REDUCER EA 2 $ 3 3 0,Q° $ 14 40,00 1-F28 12-INCH X 8-INCH D.I.M.J. REDUCER EA 3 $ 216. p° $ 9?0.°-€' 1-F29 12-INCH X 6-INCH D.I.M.J. REDUCER EA 2 $ 70,60 $ Sy0 , 0 1-F30 16-INCH D.I.M.J.45 DEGREE BEND EA ' 16 $ 9 00,°-v $ 141//00.6.° d/oo.6.° 1-F31 12-INCH D.I.M.J.90 DEGREE BEND EA 9 $ $1(0,°6 $ of/s 60,90 1-F32 12-INCH D.I.M.J.45 DEGREE BEND EA 162 $ S/0,O° 5 $Z 62o,1" 1433 10-INCH D.I.M.J.45 DEGREE BEND EA 6 $ foo,OD $ 2/ foo,-°° 1-F34 8-INCH D.1.M.J.45 DEGREE BEND EA 60 $ 333o. 4° $ /91$Do.0° 1-F35 8-INCH D.I.M.J.90 DEGREE BEND EA 8 $ 32 o,e-° $ 2(c60." 1-F36 6-INCH D.I.M.J.45 DEGREE BEND EA 16 $ 2 9o, -° $ 3123/4,97) 1-F37 6-INCH D.1.M.J.90 DEGREE BEND EA 4 $ ZS-c, eo $ J/000. a° 1-F38 16-INCH D.I.M.J.LONG PATTERN SLEEVE(12-INCH MIN.) EA 2 $ 1/000.P0 $ B°o.Q ° 1-F39 12-INCH D.I.M.J.LONG PATTERN SLEEVE(12-INCH MIN.) EA 9 $ ygo. O $ 4f1320 .o-D 1-F40 10-INCH D.I.M.J.LONG PATTERN SLEEVE(12-INCH MIN.) EA 1 $ t/2.o, p0 $ C/ O, Q° 1-F41 8-INCH D.I.M.J. LONG PATTERN SLEEVE(12-INCH MIN.) EA 17 $ 37o. 00 $ 6j 290. oo 1-F42 6-INCH D.I.M.J. LONG PATTERN SLEEVE(12-INCH MIN.) EA 5 $ 310, 0-b $ 1 S-5 0.°° 1-F43 16-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 6 $ 'A 1 o. 0.-° $ I I eto e o 1-F44 12-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 58 $ 16o .0-9 $ 9 2go,62° 1-F45 10-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 2 $ L/90,Q° $ t/S0 0° 1-F46 8-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 43 $ 1 7 o. Q° $ 7, 310, o-o 1-F47 6-INCH SPOOL/NIPPLE PIECE(24-INCH MIN.) EA 10 $ 2 2 0," $ a i 2 00,°0 1-F48 TEMPORARY CONNECTION TO EXISTING WATERLINE EA 6 $ 31100.-00 $ 18+bc°. 0_1) 1-F49 FIRE HYDRANT ASSEMBLY EA 19 $ y,goo,-°0 $ 91i zoo,a° 1-F50 REMOVE\SALVAGE EXISTING FIRE HYDRANT -EA 16 $ t/c°,°° $ 7,L00, e0 1-F51 RELOCATE\RECONNECT EXISTING 1-INCH WATER SERVICE&METER EA 3 $ 1(5-00, t/oo,°O $ Soo, QO 1-F52 RECONNECT EXISTING 1-INCH WATER SERVICE EA 6 $ ( 300.Q0 $ 71000.6-0 1-F53 RECONNECT EXISTING 2-INCH WATER SERVICE EA 68 $'',000,°o $2 o if 000:00 1-F54 RECONNECT EXISTING FIRE VAULT EA 5 $y /00,-°6 $20 160, 6'Q t Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 4 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 93-23-2015 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 5 OF 12 (tem DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT 1-F55 PAVEMENT REPAIR SY 120 $ C 00- $ $ 215o. °D 1-F56 WATERLINE TO BE REMOVED AND DISPOSED IF 540 $ ((p, DO- $541 &c(o , QD 1-F57 WATERLINE TO BE GROUT FILLED AND ABANDONED IN PLACE IF 7800 $ i ,, Cl6 $ II 7, 920;°O 1-F58 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS(1-Fl THRU 1-F58) $ 10,000.00 Part G-WASTEWATER IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) MOBILIZATION(MAXIMUM 5%OF WASTEWATER IMPROVEMENTS 1-G1 CONTRACT PRICE) LS 1 f p'ovo.DO $ yo 000,oa 6-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 8-INCH 1-G2 POLYETHYLENE PIPE(SDR 17, IPS) LF 1766 $ 66 • °9 $ 781%94:" 8-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 10-INCH 1-G3 POLYETHYLENE PIPE(SDR 17, IPS) LF 2297 $ 4 , 00 $ (S 8/300 10-INCH SEWER REHABILITATION BY PIPE BURSTING WITH A 12-INCH 1-G4 LF 1105 POLYETHYLENE PIPE(SDR 17, IPS) $ 2,°o- $ 961135, 00 1-G5 CLEAN EXISTING SEWER LINES PRIOR TO REHABILITATION LF 5168 $ `, yo- $ 33�O2c" 1-G6 6-INCH PVC(SDR 26)GRAVITY SEWER PIPE LF 465 $ 2 So.00 $ 1(4/Zso.O° 1-G7 8-INCH PVC(SDR 26)GRAVITY SEWER PIPE LF 439 $,z 6,0,`D° $ (I y/ 1 c(0,00 1-G8 DEWATERING(ONLY ON DEPTHS>10 FEET) , LF 904 $ 33,0° $ a..91$32.:°° 1-G9 TRENCH SAFETY FOR WASTEWATER LINES LF 904 $ 6, rt; $ St?gC 60 REHABILITATION OF EXISTING BRICK\CONCRETE MANHOLES WITH A 1-G10 FIBERGLASS LINER&NEW RING\COVER EA 18 $ grew qt. $ (ct'Y10,4.0 16-INCH DIAMETER STEEL CASING(CORE 20-INCH HOLE IN BOX CULVERT 1-G11 AND FILL VOID WITH LINK SEAL) LF 20 $ too. pp $ cv Do ,00 1-G12 4-FOOT DIAMETER FIBERGLASS MANHOLE EA 1 $ 13)boo.° $ (31 boo,°-° 1-G13 WASTEWATER BY-PASSING LS 1 $ (7,Soo,-00 $ 17cog,�' 1-G14 SHORT SANITARY SERVICE RECONNECTION EA 68 $ 3 3°o 00 $ 2 Z,y cio°:°' 1-G15 LONG SANITARY SERVICE RECONNECTION EA 87 $ cf goo,g° $ c(1? c0°,00 1-G16 ADJUSTMENT OF EXISTING MANHOLE RING\COVER EA 4 $,2(200 ,O° $ S,g6O, &' 1-G17 VCP\CIP TO PVC COUPLING(12-INCH MIN.) EA 20 $ a S°,0o $ S;0 oo,co 1-G18 EXISTING WASTEWATER MANHOLE TO BE REMOVED EA 1 $ / goo,'" $ soo .Qa 1-G19 WASTEWATER GRAVITY LINE TO BE REMOVED AND DISPOSED LF 985 $ /9, Jo- $S1963 ,s0 1-G20 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 $ r 10,000.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(1-G1 THRU 1-G20) $ 10,000.00 Part H-GAS SYSTEM IMROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) 1-H1 BACKFILL AND COMPACTION OF LINES ADJUSTED BY GAS DEPARTMENT LF 773 $ N3, 09 $ 33(139,-O'D 1-H2 CONTINGENCY FOR UNANTICIPATED UTILITY ADJUSTMENTS(MANDATORY) LS 1 $ 10,000.00 S 10,000.00 SUBTOTAL PART H-GAS SYSTEM IMPROVEMENTS (1-H1 THRU 1-H2) $ 10,000.00 Part I-DEDUCTIVE ALTERNATE NO.1 per SECTION 01 23 10 ALTERNATES AND ALLOWANCES) 1-11 9-INCH CRUSHED LIMESTONE BASE SY 34500 $ 16 . 6v $ 57Z..�7oo ob 1-12 GEOGRID,TENSAR TX-5 _ SY 34500 $ 3.25= $ 112 125:°° 1-13 DEDUCT:ITEM B7,12-INCH CRUSHED LIMESTONE BASE SY -34500 $ 22 ,6°- ($ 7c9t0o°.-0O , SUBTOTAL PART I-DEDUCTIVE ALTERNATE NO.1 (1-I1 THRU 1-13) C $ 7 L�,!i3 f Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 5 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV03-23-2315 00 30 01 BID FORM(REVISED) ADDENDUM NO. 1 ATTACHMENT NO. 1 PAGE 6 OF 12 Item DESCRIPTION UNIT ESTIMATED I UNIT PRICE EXTENDED QUANTITY It AMOUNT BID SUMMARY SUBTOTAL PART A-GENERAL(Items 1-Al thru 1-A4) $ CoS 1 ( 006 as - SUBTOTAL PART B-STREET IMPROVEMENTS(Items 1-Bi thru 1-B32) $ 1 ��3.25 SUBTOTAL PART C-RTA IMPROVEMENTS(Items 1-C1 thru 1-C32) $ J 77115 ;S. 1S- SUBTOTAL PART D-ADA IMPROVEMENTS(Items 1-D1 thru 1-D4) $ C.{12,1';72-, (cp- SUBTOTAL PART E-STORMWATER IMPROVEMENTS(Items 1-El thru 1-E32) $ 3,6614- 427,9p SUBTOTAL PART F-WATER IMPROVEMENTS(Items 1-F1 thru 1-F58) $ \J'(o 6�3741.4-o SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(Items 1-G1 thru 1-G20) $ t }_SS4{ O7 o.,3p SUBTOTAL PART H-GAS SYSTEM IMPROVEMENTS(Items 1-H1 thru i-H2) $ 41239. ,c 0 i 'TOTAL PROJECT BASE BID(PARTS A THRU H) I $ 13i 4'$7289. (.p (TOTAL PROJECT DEDUCTIVE ALTERNATE NO.1(PART I) I $ 7� (lS.Oo) - I Contract Times Bidder agrees to reach Substantial Completion in 730 days Bidder agrees to reach Final Completion in 760 days Bid Form(REVISED)-Hot Mix Asphalt Concrete Pavement(Part 1) Page 6 of 6 South Staples Street from Morgan Avenue to IH 37(BOND 2012)-Project E12096 REV 03-23-2015 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. ❑ 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: BAY LTD. (typed or printed) By: — E.5�..,...�C ny M r,, (s gnature--attach evider&of auth' rity to sign) Name: JON LENTZ (typed or printed) Title: ESTIMATING MANAGER Business address: BAY LTD. 1414 VALERO WAY CORPUS CHRISTI,TX 78409 Phone: 361-299-3721 Email: LENTZJ@BAYLTD.COM END OF SECTION Compliance to State Law on Nonresident Bidders 0D 30 02-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012),Project E12096 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. 1 Name of person who has a business relationship with local governmental entity. N-I14 2 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.) 3 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? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local govemmental entity? Yes 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? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 S ture of person doing business with the governmental entity Date Adopted 06/29/2007 00 30 05 City of Corpus Christi Disclosure of Interest ZEI%A SUPPLIER NUMBER TO BE ASSIGNED BY CITY = PURCHASING DIVISION ~`~of CITY OF CORPUS CHRISTI Corpus City pDISCLOSURE OF INTEREST us Christi 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: BAY LTD. P. O.BOX: 9908 STREET ADDRESS: 1414 VALERO WAY CITY: CORPUS CHRISTI ZIP: 78469 -9908 FIRM IS: 1. Corporation _ 2. Partnership X 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." NameX ' / A 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 /A Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: JON LENTZ Title: ESTIMATING MANAGER (Type o Print) Signature of Certifying N, Date:_ s (o- 3_ 5 1 Person: �- Jr``�� Na. 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. 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: SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37(BOND 20121 PROJECT NO.E12096 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: BAY LTD (typed or printed) By: LSa�1`And . (signature--attach evidence of authority to sign) Name: JON LENTZ (typed or printed) Title: ESTIMATING MANAGER Business address: BAY LTD. 1414 VALERO WAY CORPUS CHRISTI, TX 78409 Phone: 361-299-3721 Email: LENTZJBAYLTD.COM END OF SECTION Non-Collusion Certification 00 30 06-1 South Staples Street from Morgan Avenue to IH 37(BOND 2012), Project E12096 11-25-2013 CERTIFICATION FORMS Please fill out and sign the following forms and return with your signed contract. Certification forms revised 9/23/09 CERTIFICATION In submitting this proposal, the undersigned certifies as follows: (1) Proposal Validity Certification: The undersigned offers and agrees, if this offer is accepted within one hundred twenty (120) calendar days from the Proposal sue date, to furnish any or all services upon which prices are offered at the designated point within the time specified, (2) Non-Collusion Certification: The undersigned PROPOSER hereby certifies that it has made this proposal independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to this Request for Proposals with any other PROPOSER or with any other competitor, (3) DBE Certification: The undersigned PROPOSER hereby assures that its firm is in compliance with the Regional Transportation Authority's DBE Program and has a goal of twenty percent (20%) of the dollar value of this project for Disadvantaged Business, (4) Non-Conflict Certification: The undersigned PROPOSER hereby represents and warrants that no employee, official, or member of the Regional Transportation Authority's Board of Directors is or will be pecuniarily benefited directly or indirectly in this Contract, (5) Non-Inducement Certification: The undersigned PROPOSER hereby certifies that neither it nor any of its employees, representatives, or agents have offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any director, officer, or employee of the Regional Transportation Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performance of this Contract. (6) Non-Debarment Certification: The undersigned PROPOSER certifies that it is not included on the U. S. Comptroller General's Consolidated List of Persons or Firms currently debarred for violations of various contracts incorporating labor standards provisions, and (7) Non-Lobbying Certification: The undersigned PROPOSER certifies that no funds to be provided under the Contract will be used in any way to attempt to influence in any manner any member of or delegate of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislatures, or for lobbying with any officer or employee of an agency. The PROPOSER additionally certifies that it will comply with the requirements of Restrictions on Lobbying: Certification and Disclosure Requirements imposed by 29 CFR. The undersigned BIDDER hereby further certifies that she/he has read all of the documents and agrees to a 'de by the terms, certifications, and conditions� thereof. �S� M s1T`y..%3_y � Printed Name: Jon Lentz Title: Estimating Manager Date: to- 3' 1'3 Firm Name: BERRY CONTRACTING, L.P. dba BAY LTD. Business Address: 1414 VALERO WAY CORPUS CHRISTI, TX 78409 Telephone: Office: 361-299-3721 Fax: 361-289-2304__ Firm Owner: LIMITED PARTNERSHIP Firm CEO: ED MARTIN Taxpayer Identification Number: 1-74-2982901-7 Number of years in contracting business under present name: 25 YEARS Type of work performed by your company: HEAVY CIVIL CONSTRUCTION Have you ever failed to complete any work awarded to you? NO Have you ever defaulted on a Contract? NO Taxpayer ID#: 74-2982901 Date Organized: 1950 Date Incorporated: N/A Is your firm considered a disadvantaged business enterprise (DBE)? NO If you answered yes to the DBE question, explain type. N/A EXPERIENCE: The Bidder must supply a list of five (5) similar projects which he/she has completed within the last five (5) years. A. Company: CITY OF CORPUS CHRISTI Owner: CITY OF CORPUS CHRISTI Contact: DAN BILES, P.E. Address: 1201 LEOPARD STREET CORPUS CHRISTI,TX 78401 Telephone No.: 361-826-3500 Project: STAPLES STREET-WILLIAMS TO SARATOGA PHASE 1 &2 Date Completed: 10-2013 Cost: $15,814,496 B. Company: TEXAS A&M UNIVERSITY CORPUS CHRISTI Owner: TEXAS A&M UNIVERSITY CC Contact: MURRAY"MURF" HUDSON, P.E. Address: 2725 SWANTNER AVE. CORPUS CHRISTI,TX 78404 Telephone No.: 361-854-3101 Project: TEXAS A&M MOMENTUM CAMPUS, ISLANDER WAY RD AND UTILITY PROJECT Date Completed: 5-2015 Cost: $3,726,747 C. Company: CITY OF CORPUS CHRISTI Owner: CITY OF CORPUS CHRISTI Contact: DAN BILES. P.E. Address: 1201 LEOPARD STREET CORPUS CHRISTI.TX 78401 Telephone No.: 361-826-3500 Project: YORKTOWN BLVD. CIMARRON BLVD. TO RODD FIELD RD. (BOND 2012) Date Completed: 12-2014 Cost: $6,373,769 D. Company: TxDOT Owner: TxDOT Contact: MARTIN C. HORST, P.E. Address: 1701 SPID CORPUS CHRISTI,TX 78416-1324 Telephone No.: 361-808-2300 Project: NUECES COUNTY FM 2444 Date Completed: 4-2012 Cost: 3,105,449.91 E. Company: CITY OF CORPUS CHRISTI Owner: CITY OF CORPUS CHRISTI Contact: DAN BILES, P.E. Address: 1201 LEOPARD ST CORPUS CHRISTI,TX 78401 Telephone No.: 361-826-3500 Project: PAVING ASSESSMENTS PROJECT-BOND 2008 VAKY ST.. IVY LN. & CLARE DR. Date Completed: 8-2013 Cost: $2,392,470.502 CONTRACTS ON HAND: The Bidder must provide a list of contracts that the firm is currently in process: San Patricio Co. SH 188, Nueces Co. SH 44, Nueces Co. FM 2444, City of Corpus Christi CCIA Runway 13-31 Extension. San Patricio Co. FM 1069. TxDOT Aviation McCampbell Airport. City of Corpus Christi Citywide Street Overlay/Sealcoat SUBCONTRACTORS: The Bidder must provide a tentative list of subcontractors proposed to assist in the performance of this contract. Bidder must also note the portion (percentage) of work to be performed by each. Subcontractor: HIGHWAY BARRICADES % of work: 2% Subcontractor: SOIL-TECH % of work: 1% Subcontractor: % of work: Subcontractor: % of work: Subcontractor: % of work: DBE PARTICIPATION FORM (RTA Disadvantaged Business Enterprises Program) Purchase Order/IFB/RFP/RFQ No. E12096 Project Name: SOUTH STAPLES STREET FROM MORGAN BAY LTD. AVENUE TO IH 37 (BOND 2012) Name of Contractor Project Name of DBE Type of Work or Contract Start& Agreed Participant Address Items or Parts Provided Finish Date Price TRAFFIC CONTROL,STRIPPING&SIGNS TBD TBD HIGHWAY BARRICADES C%Pig CHRISTI,TX 78469 SEEDING,EROSION CONTROL TBD TBD SOIL-TECH 709 W.EXPRESSWAY 83 PHARR,TX 78577 SEWER WATER IMPROVEMENTS TITAN PIPE&SUPPLY P .BOX 2684,8213 UP RIVER RC MATERIALS SUPPLIER TBD TBD CORPUS CHRISTI,TX 78403 I� Please complete this DBE form per FTA Guideline 49 CFR 26.53. A good faith effort to include DBE participation is required and should be listed above and returned to the RTA. If"None" a good faith effort documentation must be provided with this form. The undersigned will enter into a formal agreement with the DBE Participants for work listed in this Schedule upon execution of a contract with the Regional Transportation Authority. NOTE: Any business listed above must be certified as a Disadvantaged Business Enterprise (DBE) or will be provided an opportunity to be certified by the RTA. Date: 3— `5 BAY LTD. e of Firm By: - E SA- +a.� „ Myr. Name: JON LENTZ Title: ESTIMATING MANAGER REFERENCES Describe recent major projects (list no more than three) that your firm worked on that met the client's timelines for completion. References will be checked. Please provide complete contact information. Thank you. Project Company ( Estimated Actual Contact Description Name Project Completion name & Completion Date Phone # Date 1. CHARLOTTE NAS-CC HEAD, INC. 361-961-2933 CUMMINS 12/15/2012 11/01/2011 STREET IMPROVEMENTS 2. CITY OF PORTLAND LNV/CITY OF 10/26/2012 9/11/2012 RUBEN PEREZ,P.E. PHASE 8 STREET IMPROVEMENTS PORTLAND 361-883--11 984 3. NICK CECAVA, P.E. CITY OF CORPUS CHRISTI CITY OF C CORPUS C 08/30/2013 08/22/2013 CITY OF CHRISTI 361-561-6500 STAPLES PHASE 1&2 The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any reference information requested by the RTA. zols Executed 3 ''� day of & . .. , 2ixt • Print- • Name: JON LENTZ Title: ESTIMATING MANAGER Company Name: BAY LTD. Corpus Christi Regional Transportation Authority DISCLOSURE OF INTERESTS CERTIFICATION FIRM NAME: BAY LTD. STREET: 1414 VALERO WAY CITY: CORPUS CHRISTI ZIP: 78409 FIRM is: 1. Corporation ❑ 2. Partnership 3. Sole Owner ❑ 4. Association Li 5. Other [1 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheets. 1. State the names of each "employee" of the Regional Transportation Authority having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". NAME JOB TITLE AND DEPARTMENT (IF KNOWN) / N/A /A 2. State the names of each "official" of the Regional Transportation Authority having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". NAME TITLE N/A 1 /A 3. State the names of each "board member" of the Regional Transportation Authority having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". NAME BOARD, COMMISSION OR COMMITTEE N/A 1A 4. State the names of each employee or officer of a "consultant" for the Regional Transportation Authority 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 N/A CERTIFICATE 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 Regional Transportation Authority, Texas as changes occur. Certifying Person: JON LENTZ Title: ESTIMATING MANAGER (Type or rint) Signature of Certifying Person: ak•ts.4.1 '5 Date: to- 3-l5 Buy America Certificate Certification required for procurement of steel, iron, or manufactured products (required for contracts $100,000 or more). Certificate of Compliance with 49 C.F.R. 661 The bidder or offeror hereby certifies that it will meet the requirements of Section 165(a) of the Sur- face Transportation Assistance Act of 1982 and the regulations of 49 C.F.R. 661. Date C.- 3- i S Signature ),1___.�� Esq•, M I, • 03 \\nJ r . Printed Name: JON LENTZ Title ESTIMATING MANAGER Company Name BAY LTD. or Certificate of Non-Compliance with 49 C.F.R. 661 The bidder or offeror hereby certifies that it cannot comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982 and the regulations of 49 C.F.R. 661.7. Date Signature Printed Name: Title Company Name CERTIFICATION OF RESTRICTIONS ON LOBBYING (Required for contracts $100,000 or more.) I, JON LENTZ , ESTIMATING MANAGER , hereby certify on behalf of (Name) (Title) the BAY LTD. , that: (Company Name) (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, regarding the award of Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement, contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for Federal assistance, federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL: "Disclosure of Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 49 CFR Part 20.110. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The undersigned understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 49 CFR Part 20.110. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ( e-d - Executed this Aday of 7..." ,-29&8. - - 2 o 1 S Signed: .� ►� ��L_�.f Printed Name: JON LENTZ Company Name: ESTIMATING MANAGER 00 61 13 PERFORMANCE BOND BOND NO. 929592832 Contractor as Principal Surety - Name: Berry Contracting,LP dba Bay, Ltd. Name: CONTINENTAL CASUALTY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 1414 Valero Way 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78409 HOUSTON, TEXAS 77056 Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas SAME 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: ILLINOIS 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):713-513-6301 #E12096 So. Staples Street from Morgan Ave.to IH37 Telephone(for notice of claim): SEE ATTACHED Local Agent for Surety Name: SWANTNER & GORDON INS AGENCY LLC Award Date of the Contract: July 21,2015 Address:500 N. SHORELINE BLVD.,STE 1200 Contract Price: $13,414,114.10 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Bond Email Address:mmoore@s—gins.com Date of Bond: AUGUST 3, 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 61 13-1 Proj#12096 S Staples St Morgan Ave to IH37 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. ContractoPrincipal Surety Signature: _ Signature: _ _// � Name: ' p r, Len 42, Name: MARY/EN MOORE Title: E ST.. M u ;";ifli Mgr Title: ATTY IN FACT Email Address: LQ:0)'r- (9! 13 el Ltd. Coin Email Address:mmoore@s—gins.com (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond 00 61 13-2 Proj#12096 S Staples St Morgan Ave to IH37 7-8-2014 00 6116 PAYMENT BOND BOND NO.929592832 Contractor as Principal Surety Name: Berry Contracting,LP dba Bay, Ltd. Name: CONTINENTAL CASUALTY COMPANY Mailing address(principal place of business): Mailing address(principal place of business): 1414 Valero Way 5151 SAN FELIPE, SUITE 1800 Corpus Christi,TX 78409 HOUSTON, TEXAS 77056 Physical address (principal place of business): Owner SAME Name: City of Corpus Christi,Texas 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: ILLINOIS Corpus Christi,Texas 78469 8y submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number):713-513-6301 #E12096 So.Staples Street from Morgan Ave.to IH37 Telephone (for notice of claim): SEE ATTACHED Local Agent for Surety NameSWANTNER & GORDON INS AGENCY LLC Award Date of the Contract: July 21, 2015 Address:500 N. SHORELINE BLVD. ,STE 1200 Contract Price: $13,414,114.10 CORPUS CHRISTI, TEXAS 78401 Telephone: 361-883-1711 Bond Email Address:mmoore@s—gins.corn Date of Bond: AUGUST 3, 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#E12096 S Staples St Morgan Ave to IH37 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 her-in. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor rincipal Surety Signature: a Signature: �� 61�/�� , DY/1�— Name: .. Name: MAR LEN MOORE Title: E g ; rt.a�4nj M9 y4 Title: ATTY IN FACT Email Address: Le..„4 Q av L.1 o�• Co Email Address: mmoore@s—gins,corn (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16-2 Proj#E12096 S Staples St Morgan Ave to IH37 7-8-2014 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mary Ellen Moore,Steve Addkison,Tami J Duncan,Cathleen Hayles,Kerry McIntosh,Aaron J Endris,Individually of Corpus Christi,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 8th day of June,2015. G^gw(T tiisui1 �ae Continental Casualty Company • ,� National Fire Insurance Company of Hartford • 1 oga a American Cas lty Company of Reading,Pennsylvania ( ''''' Ci ‘4,/ i. i N. V/ ) Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 8th day of June,2015,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. S. EICH ,,., NOTARY Puarc SOWN DAKOTA My Commission Expires February 12,2021 S.Eich otary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 3RD day of AUGUST , 2015 • Continental Casualty Company �'Gtr � National Fire Insurance Company of Hartford 40 plStul� •irl • ( , '\1, ro�lrr American Casualty Company of Reading,Pennsylvania gut i. 21 V 4r �`' 109, • D.Bult Assistant Secretary Form F6853-4/2012 • State of Texas Claim Notice Endorsement In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 80604 Telephone: (312) 822-5000 You may also write to CNA Surety at P.O. Box 1068, Houston, Texas 77251-1068. You ma .• contact the Texas Department of Insurance to obtain information on companies, coverages rights or complaints at 1400-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Taxa: 787149104, or fax 512-475-1771. PREMIUM OF CLAIM DISPUTES: Should you have a dispute concerning your premium o about a claim you should contact the company first If the disputa is not resolved you ma) contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does no become a part or condition of the attached documents. AcoDATE(MMIDD/YYW) ® CERTIFICATE OF LIABILITY INSURANCE 7/27/2015 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 CONTACT NAME: Nicole Brummett Sistrunk Higginbotham Insurance Agency, Inc. PHONE 361-883-1711 FAX 361-844-0101 dba Swantner&Gordon Insurance Agency, LLC (A//C.No.Fat)• (AIC.No); PO Box 870E-MADDREss;nbrummett@higginbotham.net Corpus Christi TX 78403 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACE American Insurance Company 22667 INSURED BERRY13 INSURER B:ACE Property&Casualty Insurance C 20699 Berry Contracting, LP / INSURER C:I ndian Harbor Insurance Company 26940 dba Bay, Ltd. INSURER D:AGCS Marine Insurance Company 22837 P.O. Box 4858 Corpus Christi TX 78469-4858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:574993152 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYYI (MM/DDIYYYYI A x COMMERCIAL GENERAL LIABILITY` HDOG27393147 5/20/2015 5/20/2016 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR / / PREMISES EaENTEoccu ence) $100,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $5,000,000 OTHER: $ A AUTOMOBILE LIABILITY / ISAH08856886 5/20/2015 5/20/2016 COMBINED SINGLE-WET '$ (Ea accident) 2,000,000 X ANY AUTO / BODILY INJURY(Per person) $ ALLOSVNED SCHEDULED BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X MCS-90 $ B X UMBRELLA LIAB X OCCUR / XO0G27320715 5/20/2015 5/20/2016 EACH OCCURRENCE $25,000,000 _ EXCESS LIAB CLAIMS-MADE / / AGGREGATE $25,000,000 DED X RETENTION$25,000 $ A WORKERS COMPENSATION / WLRC48149935 5/20/2015 5/20/2016 X STATTH- UTE 0TH AND EMPLOYERS'LIABILITY -- ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A / E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? / (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE'$2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT i$2,000,000 Cr, Contractors Pollution CPL742031902 5/20/2015 5/20/2016 Pollution Condition $25,000,000 Contractors Equipment MXI93045861 11/1/2014 11/1/2015 Pollution Aggregate $25,000,000 CE-Leased/Rented $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) See Attached... AUG 0 4 2015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi TX 78469 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BERRY13 LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Berry Contracting, LP dba Bay, Ltd. POUCY NUMBER P.O. Box 4858 Corpus Christi TX 78469-4858 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization CG2010 10/01, and Additional Insured-Owners, Lessees or Contractors-Completed Operations CG2037 10/01.The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others To Us CG2404 05/09.The General Liability policy includes a primary and non-contributory endorsement- Non-Contributory Endorsement For Additional Insureds Form LD-20287(06/06)only when there is a written contract requiring such,and Construction Project(s)General Aggregate Limit LD-21732(01/07)-$5,000,000 Aggregate Per Project. The General Liability policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement—Schedule Notice by Insured's Representative ALL-32686 (01/11). Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to others only when there is a written contract between the insured and certificate holder that requires such status.Additional Insured-Designated Persons or Organizations DA-9U74b(06/14). The Auto policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Transfer of Rights of Recovery Against Others DA-13115a(06/14). The Auto policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder as required by written contract except 10 days notice of nonpayment of premium. Notice to Others Endorsement— Schedule Notice by Insured's Representative ALL-32686(01/11). Commercial Umbrella Liability Policy Form#XS-20835(08/06)includes the following in regards to who is an insured:Any person or organization, if insured under"underlying insurance", provided that coverage proved by this policy for any such Insured will be no broader than coverage provided by the"underlying insurance". The Commercial Umbrella Liability Policy Form#XS-20835(08/06)includes Transfer of Rights of Recovery Against Others to Us-If you or the insurer of"underlying insurance"waive any right of recovery against a specific person or organization for damages as required under an"insured contract",we will also waive any such rights we may have against such person or organization provided that the"bodily injury"or"property damage"occurs subsequent to the execution of the"insured contract". Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Waiver of Our Right to Recover From Others Endorsement WC000313 11/05&Texas Waiver of Our Right to Recover From Others Endorsement WC420304B(06/14).The Workers Compensation policy includes Longshore and Harbor Workers'Compensation Act Coverage Endorsement WC000106A 0492, Outer Continental Shelf Lands Act Coverage Endorsement WC000109C(01/15), Maritime Coverage Endorsement-Limits of Liability$2,000,000 Each Accident/Aggregate,and includes Transportation,Wages, Maintenance&Cure WC000201B(01/15),Voluntary Compensation Employers Liability Coverage Endorsement WC000311A(08/91)&Voluntary Compensation Maritime Coverage Endorsement WC000203(4/84),and a blanket automatic alternate employer endorsement that provides this feature only when there is a written contract between the insured and certificate holder that requires it.Alternate Employer Endorsement WC000301A(Ed 02/89)&Alternate Employer Endorsement WX000301 (04/84). The Workers Compensation policy includes an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder except 10 days notice of nonpayment of premium. Notice to Others Endorsement—Schedule Notice by Insured's Representative WC 99 03 69(01/11). Contractors Equipment includes Blanket Additional Insured and/or Loss Payees Endorsement—Written Agreement-Endorsement 009. Project—Staples Street from Morgan Ave to IH 37—Project#E12096. 7 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: xn0G27393147 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location: All locations where you are performing operations for such additional insured pursuant to any such written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section H —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work"out of which the injury or damage arises has been This insurance does not apply to "bodily in- put to its intended use by any person or jury"or"property damage" occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 1010 01 0 ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: HDOG27393147 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: . Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Location And Description of Completed Operations: All locations where you perform work for such additional insured pursuant to any such written contract. Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section Il —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products-completed operations haz- ard". CG 20 37 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ POLICY NUMBER: HDOG27393147 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown In the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 0 NONCONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named insured Endorsement Number Berry GP, Inc. Policy Symbol Pelicy Number Policy Period Effective Date of Endorsement HDO G27393147 05/20/2015 to 05/20/2016 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information le to be completed only when this endorsement Is Issued subsequent to the preparation of the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement Any additional Insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (If no information is filled in, the schedule shell read:"Alf persons or entities added as additional insureds through an endorsement with the term"Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to Section IV.4.a: If other insurance is available to an Insured we cover under any of the endorsements listed or described above (the"Additional Insured") for a loss we cover under this policy, this Insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. • Authorized Agent LD-20287(06/06) Page 1 of 1 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named Insured Endorsement Number Berry GP, Inc. Policy Symbol Policy Number Paicy Period Effective Date of Endorsement HDO G27393147 05/20/2015 to 05/20/2016 05/20/2015 Issued 8y(Name of insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Subject to and eroding the General Aggregate Limit shown in the Declarations,for all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at your construction projects away from premises owned by or rented to you (such ongoing operations at such construction projects are hereinafter defined as"Your Projects"): 1. A separate Construction Project General Aggregate Limit applies to all of Your Projects, and that limit is equal to $5,000,000 2.The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily Injury" or "property damage" included In the "products- completed operations hazard", and for medical expenses under COVERAGE C, which damages and medical expenses can be attributed only to "Your Projects", regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". 3.Any payments made under COVERAGE Afor damages or under COVERAGE C for medical expenses that can be attributed to "Your Projects" shall reduce the Construction Project General Aggregate Limit and shall 2lso reduce and erode the General Aggregate Limit shown in the Declarations. 4. The limns sfibwn in'the.Deelai'ations for Each Occurrence, Fire Damage and Medical Expense continue to ap- ply:However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C(SEC- TION l ), which cannot be attributed only to"Your Projects": 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2.Such payments shall not reduce the Construction Project General Aggregate Limit. LD-21732(01/07) Copyright,Insurance: 10 is Office,Inc., 1996 Page 1 of 2 C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" Included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D, If any one or more of"Your Projects"has been abandoned,delayed, or abandoned and then restarted,or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. Authorized Agent LD-21732(01/07) Copyright,Insurance S 1 1•s Office,Inc., 1996 Page 2 of 2 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE. {Named insured Berry GP, InC. Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G27393147 05/20/2015 to 05/20/2016 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and In accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is Intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative • ALL-32886(01(11) Page 1 of 1 • ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number Berry GP Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H08856886 05/20/15 to 05/20/16 05/20/15 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information Is to be completed only when this endorsement la issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered"auto,"Who Is Insured is amended to include as an"insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury" or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74b(06/14) Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Endorsement Number Berry GP Inc. Policy Symbol Policy Number Policy Period Effective Cate of Endorsement ISA H08856886 05/20/15to 05/20/16 05/20/15 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the Information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto, The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. r Authorized Representative DA-13115a(06/14) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named insured Berry GP, Inc. Endorsement Number 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H08856886 05/20/2015 to 05/20/2016 05/20/2015 Issued By(Name of Insurance Company) LACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only When this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named In the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any Information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 4. — illik 7-N,, . ,-..., _ . ,., Authorize. ' tl''t..',.1,: { ALL-32686(01/11) Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number BERRY GP, INC. P.O.BOX 4858 Policy Number CORPUS CHRISTI TX 784694858 Symbol: WLR Number: C4814 99 3 5 Policy Period Effective Date of Endorsement 05/20/2015TO 05/20/2016 05/20/2015 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY insert the policy number.Tne remainder of the information Is to be completed ohly when this endorsement Is Issued subsequent to the preparation of the policy. i WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the . extent that you perform work under a written contract that requires you to obtain this agreement from us, • This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. • • For the states of CA, UT, TX, refer to state specific endorsements. � ..r, This endorsement is not applicable in KY, NH, and NJ. *4111. ---- Authorized Agent 931 WO OG 03 13 (11105)Ptd.U.S.A. Copyright 1982-83,National Council on Compensation Workers' Compensation and Employers'Liability Policy Named Insured Endorsement Number Berry GP Inc. Policy Number Symbol:WLP Number: C48149935 Policy Period 05/20/2015 to 05/20/2016 Effective Date of Endorsement TO 05/20/2015 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( xx ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: (Pcer:ss Authorized Representative WC 42 03 04B (06114) ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Workers'Compensation and Employers' Liability Policy { Named Insured Endorsement Number BERRY GP,INC. P.O. BOX 4558 Policy Number • CORPUS CHRISTI TX 784694858 Symbol: WLR Number: C48149935 Policy Period Effective Date of Endorsement 05/20/201510 05/20/2016 05/20/2015 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information Is to be completed only when this endorsement is issued subsequent to thepreparatlon of the policy. i NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain(the"Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. E. The notice referenced in this endorsement as provided by your representative is Intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage, We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy, You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule, E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative WC 99 03 69(01111) Page 1 cf 1 945