HomeMy WebLinkAboutC2005-018 - 2/8/2005 - Approved DMBConstmcfion
S P E C I A L P R O V I S I ~
SPECIFICATIONS
AND
2005-018
02/08/05
M200~039
FORMS OF CONTRACTS AND BONDS
FOR
MAJOR OUTFALL REPAIRS - PHASE I (PART A)
t
Shiner Moseley and Associates, Inc.
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
Phone: (361) 857-2211
Fax: (361) 857-7234
J200.40041
I'Z '~.0~ DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880-3500
Fax: 361/880-3501
I PROJECT NO: 2206
IDRAWING NO: STO 514
of
Christi
IADDENDUM NO. 1 ]
January 14, 2005
TO:
ALL PROSPECTIVE BIDDERS
PROJECT: MAJOR OUTFALL REPAIRS - PHASE 1 (PART A)
PROJECT NO: 2206
Prospective bidders are hereby notified of the following modifications to the contract documents.
These modifications shall become a pad of the contract documents. The provisions of the
contract documents not specifically affected by the addendum shall remain unchanged.
I. PART A - SPECIAL PROVISIONS
A. Section A-6 Time of Completion/Liquidated Damages
1. Delete:
From The First Paragraph
"....120 calendar days...."
Add:
To The First Paragraph
".._130 calendar days...."
2. Delete: From The Third Paragraph
...shall not exceed 21 calendar days from the date work starts at thai
particular site. For each calendar day that any work remains
incomplete after the 2'1 calendar day limit...
Add:
To The Third Paragraph
...shall not exceed 30 calendar days from the date work starts at
that particular site. '"~'or each calendar day that any work remains
Incomplete after the 3_.~0 calendar day limit...
B. Section A-18 Schedule and Sequence of Construction
1. Delete:
From The First Paragraph
"....120 calendar days...."
Add:
To The First Paragraph
"....130 calendar days...."
2. Delete: From The Final Paragraph - delete in its entirety
...shall nol exceed 21 calendar days from the date work starts at that
particular site, For each calendar day that any work remains
incomplete after the 21 calendar day limit...
Add:
To The Final Paragraph
...shall not exceed 30 calendar days from the date work starts at
that particular site. '"~or each calendar day that any work remains
Incomplete after the 3_.~0 calendar day limit.,.
ADDENDUM NO. 1 I
Page 1 of 3
I1.
III.
DRAWINGS
A. Plan Sheet 5 of 13 - Louisiana - Site Plan
1. Delete: From Notes Under Repair Item 3
"The duration of work al this site shall not exceed 21 calendar days
from the date of commencement of work at this site."--
Add: To Notes Under Repair Item 3
"The duration of work at this site shall not exceed 30 calendar
days from the date of commencement of work at this s-[{e."
B. Plan Sheet 8 of 13 - Louisiana - Demolition and Repair. Repair Item 3
1. Delete: Demolition Plan in its entireb/.
Add: Demolition Plan. (See attachment No. lA)
2. Delete: Pavinq. Gradinq and Drainaqe Plan, in its entirety.
Add: Pavln¢l, Grading and Drainage Plan. {See attachment No. lB)
3. Delete: Note 2, in its entirety.
Add: Note 2, as follows:
"T--'h-~--duratlon of work at this site shall not exceed 30 calendar
days from the date of commencement of work at this s-~e."
C. Plan Sheet 9 of 13 - Louisiana - Details, Repair Item 3
'1. Delete: Typical Section 9 and Typical Section 10, in their entirety.
Add: Typical Section 9, Typical Section 10 and Typical Section 11.
(See attachments No. 1C and tD).
D. Plan Sheet 12 of 13 - Traffic Control Plan - Louisiana & Swantner
1. Add: 3 Ea. - "End Road Work" sl~lns
I Ea. - 8 foot t~De III barricade
14 Ea. - Plastic drums
I Ea. - "Throuclh Traffic Men3e Rl~lht" sh3n
(See attachment No. 1E)
AGREEMENT
Page 2 of 2
1. Delete:
Add:
From The First Paragraph
.... 120 calendar days...."
To The First Paragraph
"....130 calendar days...."
ADDENDUM NO. 1
Page 2 of 3
IV. PROPOSAL FORM
Page 6 of 8
1. Delete:
Add:
From The Fifth Paragraph
"....120 calendar days, ..,.
To The Fifth Paragraph
"....13--0 calendar days...."
Please acknowledge receipt of this addendum In the appropriate place In your REVISED
PROPOSAL FORM.
END OF ADDENDUM No. 1
AEa~ments:
No. 1A-Demolition Plan (1 page~
No. lB -Paving, Grading and Drainage Plan (1 page)
No. 1C -Typi~l Section 9 and 10 (1 page)
No. 1D-T~i~l Section 11 (1 page~
No 1E -T~a~c Control Plan -Louisiana and Swantner (1 page)
£
Director of Engineering Services
ADDENDUM NO. 1
[=age 3 of 3
LOUISIANA
I/ILL PAV~ENT
REX (TO
EXIS~ING 10' GAS MAIN
(TO R£~N)
(TO RE~LA~N)
(TO RE~JN)
THICK AND REJNFO(~CED WrTH ~4 ~
q2' c.c.) (wp)
o~
(TO
REWOKE
~: ~ '.~.
~....~ ..................... ~...~
LOUISIANA
DEMOLITION
SCALE: 1" = 20'
(~o
PLAN
OUT l' DEEP
REMOVT 6' CONCRETE
CURB ANO GLFFFER
3 EK GUY ~qRES
(TO REM~MN)
AND RE~CME
TOP 8' C~ I~NHOLE
CATCH B~SlN
RE}&NN)
(TO RE)~N)
CITY OF CORPUS CHRISTI
DEPARTMENT OF
MAJOR OUTFALL REPAIRS ENGINEERING SERVICES
PHASE 1 (PART A) . ~
ADDENDUM I ,'~DENDUM NOi1
Al-rAOrlMEl,,rr biO. lA
P^GE 1OF 1 ~
LOUiSiANA
,-~"-. 3.~ . ~
PAVING, GRADING
SCALE: 1"= 20'
MAJOR OUTFALL REPA_TRS
PHASE I (PART A)
ADDENDUlll 1
CITY OF CORPUS CHRIST/
DEPARTMENT OF
ENGINEER/NO SERVICES
ATTACHMENT NO. 18 ~
PAGE, OF 1
A~rN D698 STANDARD PROCTOR
/ BEHIND CURB
TYPICAL
SCALE: HOR 1"=5'
VERT. 1"=1'
TACK COAT
~ PAVEMENT PLACED IN
LAYERS NOT TO EXCEED 2'
2 1/2'
SECTION~
ST~~,~ ~0~ 02~mO)~ ~ ' ~ · ./ ~
~-~ OF ~ ///// ~ " · % I /
5 ~ ......... :.--,......~ 5.~.~;~
',A-~_ ~ ~-~7" ,~ ~ TYPICAL SECTION
I*,~S'~C:¢~ ( ;~_ ) ,, , NOTE: SEE STANDARD
'~/~'~C~ ~ SCALE: HOR. ~=5, SPECIFICATION SECTION 025424
~~~.~__~f. ,/~/~ VERT. 1 =1 FOR TACK COAT REQUJREBENTS.
MAJOR OUTFALL REPAZRS
PHASE 1 (PART A)
ADDENDUM 1
CITT OF CORPUS CHRISTI
DEPARTMENT OF
ENGINEERING SERVICES
ADDENDUM NOi1 ~
ATrACHMENT NO. lC
PAGE 1 OF 1 i I iI
14'
PAVEMENT
~",.-' ~ ".72~,
~..*...-:... ~ -..~,-,,
~~~. 1,4o5
TYPICAL SECTION
SCALE: HOE. 1"=5'
VERT 1"=1'
NOTE: SEE STANDARD
SPECIFICATION SECTION 025424
FOR TACK COAT REQUIREMENTS.
CITY OF COt:?PU~ CHRISTI
DEPARTMENT OF
MAJOR OUTFALL REPAZRS ENGINEERING SERVICES
PHASE I (PART A) ~
ADDENDUM I ~..~uu No.~
A"FTACHMIENT NO. 1D
PAGE 1 C~F 1 ~, ~
~... '~ -.. ~
~'HAROU~ T. B~O~ JR.~
~....~ ...................... ~.-~
~ ~% 90379 :~
TRAFFIC
LOUISIANA
SCALE: N,T.S
MAJOR OUTFALL REPAIRS
PHASE I (PART A)
ADDENDUM 1
CONTROL PLAN -
AND SWANTNER
CITY OF CORPUS CHRISTI
DEPARTMENT OF
ENGINEERING SERVICES
,~)~ND~JM NO. 1
A'I-FACHMENT NO. 1E
Ilfll
PAGE 1OF 1
SPECIAL PROVISIONS
SPECIFICATIONS
AND
FORMS OF CONTRACTS AND BONDS
FOR
MAJOR OUTFALL REPAIRS - PHASE I (PART A)
Shiner Moseley and Associates, Inc.
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
Phone: (361) 857-2211
Fax: (361) 857-7234
J200.40041
FOR
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Phone: 361/880-3500
Fax: 361/880-3501
I PROJECT NO: 2206
I DRAWING NO: STO 514
(Revised 7/5/00)
MAJOR OUTFALL REPAIRS P}iASE I (PART A}
Table of Contents
NOTICE TO BIDDERS (Revised 7/5/00)
NOTICE TO CO~TRACTORS - A (Revised Sept 2000)
Insurance Requirements
NOTICE TO CONT%~ACTORS - B (Revised 7/5/00)
Worker's Compensation Coverage For Building
Government Entities
or Construction Projects For
PART A - SPECIAL PNOVTSIONS
A 3
A 4
A 5
A-7
A 8
A-9
A 10
A 12
A 13
A 14
A 15
A 16
A~17
A 19
A 20
A 21
A 22
A 2~
A 24
A 2~
A-26
A-28
A-29
A 30
A-32
A-33
A 34
A 35
A-36
A 37
A 3B
A 39
A 40
A 42
A~43
A 44
Time and Place of Receiving Proposals/Pre Bid Meeting
Definitions and Abbreviations
Description of Project
Method of Award
Items to be Submitted with Proposal
Time of Completion/Liquidated Damages
Workers Compensation Insurance Coverage
Faxed Proposals
Acknowledgment of Addenda
Wage Rates (Revised 7/5/00)
Cooperation with Public Agencies (Revised 7/5/00)
Maintenance of Services
Area Access and Traffic Control
Construction Ecfuipment Spillage and Tracking
Excavation and Removals
Disposal/Salvage of Materials
Ficld officc NOT USED
Schedule and Sequence of Construction
Construction Staking
Testing and Certification
Projcct Eigns NOT USED
Minority/Minority Business Entei~rlse Participation Policy (Revised 10/98)
Inspcction Rcquircd (Bcviocd 7/5/00) NOT USED
Surety Bonds
galcs Ta~ Excmption NO LONGER A~PLICABLE (6/11/98)
Supplemental Insurance Requirements
Rcsponsibility for Damagc Claims NOT USED
Considerations for Contract Award and Execution
Contractor's Field Administration Staff
~unended "Consideration of Contract" Requirements
Amended Policy on Extra Work and Change Orders
Amended ~Execution of Contract" Requirements
Conditions of Work
Precedence of Contract Documents
City Watcr Facilitics gpccial Rcquircmcnts NOT USED
Other Submittals
Amcndcd "Arrangcmcnt and Chargc for Watcr Furnishcd by thc City" NOT USED
Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
Ccrtificatc of Occupancy and Final Acccptancc NOT USF~)
Amendment to Section B-8 6: Partial Estimates
Ozonc Advisory NOT USED
OS}L~ Rules & Regulations
Amended Indemnification & Hold Harmless (9/98)
Change Orders (4/26/99)
A 45 As Built Dimensions and Drawings (7/5/00)
A ~6 Disposal of Mighly Chlorinat~ Wa~er ~V/~/Q4~ NOT USED
A 37 Pfc Construction Exploratory Excavationm (7/~/00) NOT US~J)
A 48 Overhead Electrical Wires (7/5/00)
A 49 Amended ~Maintenance Guaranty"
p/~RT B
GE1FERAL PROVISIONS
pART C
FEDEI~AL WAGE P.A."ES ~ REQUIP. E)i~qTS
pART S
STANDARD SPECIFICATIONS
021020
022020
022022
022100
025205
025424
025610
025612
025614
025802
027202
027402
030020
032020
037040
038000
055420
Site Clearing & Stripping (S5)
- Excavation & Backfill for Utilities & Sewers
Trench Safety for Excavations
Select Material (S15)
- Removing and Replacing Pavements (S 54)
Hot Mix Asphalt Concrete Pavement (Class A)
- Concrete Curb & Gutter (S52)
- Concrete Sidewalks & Driveways (S53)
- Concrete Curb Ramps
Temporary Traffic Controls During Construction
Manholes (S62)
Reinforced Concrete Pipe Culverts (S60)
Portland Cement Concrete (S40)
Reinforcing Steel (S42) (Includes Diagram)
E~poxy Compounds (S44)
Concrete Structures
Frames, Grates, Rings and Covers
(S9)
(S 34)
PART T - TECHNICAL SPECIFICATIONS
Division 1 General Requirements
01355 - Environmental Protection
01356 Stormwater Pollution Prevention Plan
Division 2 - Site Construction
02110 Demolition and Removal
02225 - Cementitious Fill Materials
02631 - PVC Pipe Repair Sleeve
02632 Thermoplastic Pipe
02936 - Fabric Formed Concrete Mattress
Division 3 - Concrete
03930 - Concrete Rehabilitation
LIST OF DP. AWINGS
EXHIBIT I - TEXAS DEPT. OF TRANSPORTATION B~RRICADE AND CONSTRUCTION STANDARDS (4
SHEETS)
E~HIBIT II - U.S. AR/~Y CORPS OF ENGINEERS PERMIT D-16696 (WINDSOR PARK OUTFALL
REPAIRS )
m~gIBIT III - MANUFA~-~'uKER'S CATALOG CUT FOR PVC PIPE REPAIR SLEEVE
EX]tIBIT IV - T~ORJtRY CONSTRUCTION EASE)~NT (WINDSOR PA~K OUTFALL)
NOTICE
AGRREM]~NT
PROPOSAL/DI SCLOS~IRE STATEMENT
p ERF OR.MA.NCE BOND
P AI~M]~TT BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
~Jor Outf~_ll Re,a/rs - phA,e 1, Part A; consisting of the following general items:
· Water Street Storm Water Culvert internal reinforced concrete pipe
repairs, concrete crack repairs, and investigation and potential plugging of
small inlets. Ail repair work will be conducted from within the culvert; no
excavation will be required
· Louisiana Storm Water Culvert - repairs to culvert inlet pipes and manholes
in three locations. Portions of the repair work will include excavation and
street, curb/gutter, and sidewalk repairs
Windsor Park Storm Water Culvert and Outfall repairs and improvements
include scour remediation/protection at the outfall, structural concrete
repairs and concrete crack repairs.
the project in accordance with the
and all other work incidental to completing
plans, specifications and contract documents;
will k~ received at the office of the City Secretary until 2:00 p.m. on
We~ne,~m~, January 19, 2005, and then publicly opened and read_ A. ny bid
received after closing time will be returned unopened.
A pre-bid meeting is scheduled for 2:00 p.m., Thurs~y, Jazmum_~ 06, 2005 and
will be conducted by the City. The location of the meeting will be the
Department of Engineering Services Main Conference Room, Third Floor, City
Hall, 1201 Leopard Street, Corpus Christi, TX. Any inquiries ~urin~ bi~in~
should be addressed to Scott Wa~er, Sb/ner Moseley & A~SOC., Inc., (381) 857-
2211.
A bid bond in the amount of 5% of the highest amount bid must accompany each
proposal. Failure to provide the bid bond will constitute a non-responsive
proposal which will not be considered. Failure to provide required performance
and payment bonds for contracts over $25,000 00 will result in iorfeiture of
the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is
subject to mandatory forfeiture to the City if bidding doc%um~nts are not
returned to the City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be procured
from the City Engineer upon a deposit of Fifty ~ no/100 Dollars ($50.00) as
a guarantee of their return in good condition within two weeks of bid date.
Documents can be obtained by mail upon receipt of an additional ($10.08) which
is a non-refundable postage/handling charge
The bidder is hereby notified that the owner has ascertained the wage rates
which prevail in the locality in which this work is to be done and that such
wage scale is set out in the contract documents obtainable at the office of the
City Engineer and the Contractor shall pay not less than the wage rates so
shown for each craft or type of 'laborer," "workman," or "mechanic' employed on
this project.
The City reserves the right to reject any or all bids, to waive irregularities
and to accept the bid which, in the City's opinion, seems most advantageous to
the City and in the best interest of the public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ ~ngel R. Escobar, P_E.
Director of Engineering Services
/s/ Armando Chapa
City Secretary
NOTICE TO CONTRACTORS- A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised September 2000
A Certificate of Insurance indicating proof of coverage in the following amounts is
required:
TYPE OF INSURANCE
30-Day Notice of Cancellation required on all certificates
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Conunercial General Liability including:
1. Colmnercial Form
Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Ha 9'.a rd
5. Products/Con:rpleted Operations Haz2.rd
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY-OWNED NON-OWNED
OR ILENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
EXCESS LIABILITY
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include
long-tern environmental irr~act for the disposal of
contarnmants
BUILDERS' RISK
INSTALLATION FLOATER
[I.S. Longshoreman's and Harbor Worker's Con~pensation
Act, Jones Act, and/or other applicable endorsements and/or
policies
$2,000,000 COMBINED SINGLE LIMIT
$ 1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
$100,000
$1,000,000 COMBINED SINGLE LIMIT
$2,000,000 COMBINED SINGLE LIMIT
[] REQUIRED
[] NOT REQUIRED
See Section B-6-11 and Supplemental Insurance
Requirements
[] REQUIRED
[] NOT REQUIRED
See Section B-6-11 and Supplemental Insurance
Requirements
[] REQUIRED
[] NOT REQUIRED
$1,000,000 COMBINED SINGLE LIMIT
Page I of 2
OThe City of Corpus Christi must be named ~ an additional insured on all coverages except worker's compensation
liability coverage,
OThe name of the proj eot must be listed under "description of operations' on each certificate of insurance.
MAJOR OUTFALL REPAIRS - PHASE I (PART A)
OFor each insurance coverage, the Contxac~or shall obmm an endorsement to the applicable insurance policy, sigtw-.x[ by
the insurer, providing the City with tlfirty (30) days prior written notice of cancellatxon of or material change on any
coverage. Thc Contractor shall provide to the City the other endorsen~nts to insurance policies or coverages which are
specified in section B4>-I 1 or Special Pmmsious section o[ the conla-act
A completed "Disclusure of Interesl" must be submitled with you~ proposal.
Should you have any questions regarding insurance requirements, please contact the Contract Administral~r a~ $80-
$$00.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS - B
WORBiER'S COMPENSATION COIrERAGE FOR
BUILDING OR CONSTRUCTION PROJECTS
FOR GOVERN?4ENT ENTITIES
Texas law requires that most contractors, su]Dcontractors, and
others providing work or services for a City building or
construction project must be covered by worker's compensation
insurance, authorized self-insurance, or an approved worker's
compensation coverage agreement.
Even if Texas law does not require a contractor, subcontractor
or others perforrain9 project sea-vices (including deliveries to the
job site) to provide 1 of the 3 folnns of worker's compensation
coverage, the City will require such coverage for all individuals
providing work or services on this Project at any time, including
during the maintenance guaranty period. Motor carriers which are
required to register with the Texas Department oX Transportation
under Texas Civil Statutes Article 6675c, and which provide
accidental insurance coverage under Texas Civil Statutes Article
6675c, Section 4(j) need not provide 1 of the 3 foz~ns of worker's
compensation coverage_
The Contractor agrees to comply with all applicable provisions
of Texas Administrative Code Title 28, Section 110.110, a copy oX
which is attached and deemed incorporated into the project
contract. Please note that under section 110_110:
1. certain language must be included in the Contractor's
Contract with the City and the Contractor's contracts
with subcontractors and others providing sez-vices for the
Project;
2. the Contractor is required to submit to the City
certificates of coverage for its employees and for all
subcontractors and others providing services on the
Project. The Contractor is reqn]ired to obtain and submit
updated certificates showing extension of coverage during
the Project; and
3. the Contractor is required to post the required notice at
the job site_
By signing this Contract, the Contractor certifies that it will
timely comply with this Notice to Contractors "B" requirements.
NOTICE ~O CONTRACTOP~S B
(Revised 1/13/98)
Page 1 of 7
.1719s
Title 25. ENSL-t:L _X-CE
Parr II. TEXAS WOR2,2E~' COMPENSATION COMMISSION
Ch~q prer 110. REQUEP,~ED NOTICES OF COV~:I~&GE
Subchaprer B. E~IPLO~ER NOTICES
§ 110.II0 Repomng Reauir~ments for ]3 uilding or Consrruc:io~ Projecr~ for Governmental
Eatiti~
(a) The folJoW'mg words ~'xd term.s, when used in al'tis mie, sh?i; hzve me following meanings, ualems
the context clearly indic,ares emerwise. Te.,~n.s not defined ;..n ~"as ruie shall have the meaning deft.ned ;_n
the Texas t-bor Code, ~-so defined.
(1) Cerdficare o£cove:2=: (cs:':'.'ficare:-.-'_ copy o(a ce.~.'i~carz c£"-~ur,-.uc=, z cerril:icare ofauthorin,
[o seitti_n_q~e issued by tine cc,.mrmSs~cr_ or a workers' comrmp..saucn coverage z_m-e~ment (T'WCC-8 i,
TWCC-82, TWCC-$3, or iW¥CC-84), showing s-t.zmtcry workers' compermation in.s'm-ance cOverage
for the person's or enu .ry's employees (inciud_ang those xubje~ :: z cover*_ge z_m-eement) providing
services on a pro/c-ct, £:r the duration or'the project.
(2) Build/.ng or comtru~ion-_;-ras the mez_o..Lng deft_ned Lo_ the Tea= Labor Code, § 406.096(e)(1)_
(3) Conrrzcrcr--A person bidding for or awarded a buflcimg or cop~rruc-r, ion project by a goverrmaenta. I
entity.
(4) Coverage-Workers' compensation inxu.r~nce mee~3ng Lhe statutory requirements of the Tex. a~
Labor Code, § 401.011(44)
(5) Coverage v--g:r_ eemea.~-A u~virre= zgeement on form TWCC-;i, form TWCC-82, form i'WCC-85,
or form I'WCC-84, filed vrith the Tex. a~ Workers' Compermanon Commiqsion which, exta~liqhe.$ a
re/afion~hip berweea the parties for purpose~ of the Tex. a~ Workers' CompenSation Act, pm-rca.ut to
· e Te.x. ax r,=bor Code, Chanter 406, Subchaoterz V ~,qd G, aa oi-~e of employer/employer :md
extabl/ah~ who will be respom~le for providfng workers' compe-~.arion cOverage for pemoas
providing serv/c, ez on the project_
(6) Duradoo of the project-[ncludes the time from the be~nra.qg of work on the project until the
work on the project h.-~ be~n completed and accented by the govermmenral enutT.
(7) Persons providing services on the project ("subcontractor" L-_ { 406.096 of the Act)-With the
e×cepdon o(oerso~ exa!uded under subsecuonz (h) and (i) of this section, includes all persons or
entiues pe~ormmg ail or ~owr of the seprices the contractor h~ undertaken to peff'orm on the project,
regardless or-whether thzr person contracrea direcdv with the conrr~.ctor a_nd regardless of whether
that person h~ employess T'r. is includes but is not limited to ¢.deaendent conuactors, ~ubconrrac-rors.
lea.sing companies, motor cznSers, owner-operators, employ=es ct: my such entity, or employe~ of
any entity fumish/ng persons to peNornn set'rices on the proje=. "Services" includes but is nor l.imited
!,otter TO cowrnJ~.c'roas - ~
t, aq~ 2 oc * 8/7/98
food/~ever~? vendors, o~ce sugpiy deSvenes, ~_q~ d~':ivery of;o~-~.ble mK'e:s.
(a) Pro. ie~-,r-]ciudes the orc'Asion of:dj se.'w/ces re!need :o a bu/Jdiag or con:wac-don con~acr for a
govemmen:~ e.q Ury
(b) Providing or Busing to be pro'aded a cerd~ca:e of coverage ?arsuant to ti~ rule is a
represe,nradon by the in_re.red :-hat all employees er'the insured who are providing servic~ on the
project we covered by workers' compensation coverage, that the coverage is based orr proper
reporting o£¢ia..~ificadon codes a_nd po.m-oil amount, ~-qd that ad! coverage a_m'eement$ have been filed
with the appropriate Lnmrance carrier or, in the caze ora self-kn~ured, with the commission's Division
of Sek--Ioxurance Reguiat/ov_ Pro,riding false or misleading ce:-d~catex of coverage, or faU~ng to
provide or ma.ntain requh-ed coverage, or failing to report any cka_nge that materially affec'r.x the
provision of covenge may rabject the contractor or other person providing services on the project to
adm/Nsrrz:/ve penalties, c~mmal penalties, civil pe."-.a/des, or other civil action&
(c) A gove~ental entity t;-_zt eaters Nto a building or conm-uc-zcn contract, on z proje~ sha/lz
(D include N the bid specification, al/the provisions or-para_m-apb (7') of this subsection; using the
language reauired by paraD-zph (7) of this ~'ubsecdon;
(2) a~ part o£the contract, using the language required by para_m-apb (7) of th.is $ubsecriork require the
contra~or re perform az reauired in subsection (d) of r. Ns section;
(3) obtan i-nm the contrac:cr a certificate of coverage for each person providing serv/¢es on the
project, prior re that person begLm-fing work on the project;
(4) obtain fi-cra the coatra~or a new certificate of coverage showing e_x'rension of coverage:
(A) before the end of the cc.c-.enr coverage period, i/the contra~or's current cemficate of coverage
shows that the coverage period ends dtw_ng the duration of the project; and
(CB) no later t?.-n seven days a~5er the exTiratioa of the coverage for e. zcb other person providing
serv/c~ on the project whose cnn-ear certificate shows that the coverage period end~ during the
duration of the projecq
(5) retain ce.,-rificare: of coverage on file for the duration of the project and for three year: thereafter;
(6) pro'dee a copy oft. he cerxficates of coverage to the commission uoon requert and to any person
entitled to them by law; and
(7) use the language contained tn the foilavdng Fig'are i for bid saem.ficadons and contrams, without
any additiona5 words or changes, exceot those reauired to accommocizte the specific document in
wkich they are contained or ~o impose stricter standards of documentation:
T28 S I ] 0 ] I
tbi
http://wv,~v sos.sramtx uw'tacJZS/IJYl 10/13/1 I0 110 htrrd
~17195
2Z 7'-.C Il0 110
_-) A contractor
i) pro'nde coverage_ For ils em~:cvees. . crowding_ se.wices on a .Drojeck Sa: ~'1%- duration o£the project
3=ed on proper reporting or-c!azsLS_cz:~za codes ~,nd pz.~zoii amounts and ~zg 06 a.ny coverage
.j2) provide z certi.fic~.te of coverage s~.oWmg workers' ccmpensadon coverage to the goverrtmental
e.".dw, prior to be_mn.m_'-.g work or. £~e :rojecr
(~) provide the gove,'TLmen£aJ eh:-'7,-, F-~or to the end of the coverage po.dod_ z new certific, zze of
coverage showing ex~en_s-ion of cc'.'e~ge, i~the coverage period shown on '.&: conrractoes current
::r-allState of coverage ends durir, z :ko dtu'auon of the proje~;
(4) obtain fi.om each pe,'~on providing se.wices on a project, and provide to ti".e governmental entity:
(A) a certi~caze of coverage, prior to rhzt person be~nning work on the eroiezx, so the governmental
~-~fiW wiiJ have on file ce?dficates or'coverage showing coverage for ail ~'e~'e~ providing services on
7_s pro.icc:.; mad
(B) no later ti-~.n seven days a&er rec.eipr by the conu-ac"ror, a new cerrzficaze otcoverage sho~in~-
exqeo, sion or-cover-age, k-r_he cove~ge period shown on the curr~nt certi~czz: or'core,ge ends d-m4ng
the duration of the projec:;
(5) retain ail required ce:xificates o£coverage on file for the duration or-the project and for one yem-
t,her e.~5 e r,
(6) notify, t.he governmemal entity, in writing by certLfied mail or perxonat ds~ive.'3,, within ten days after
the contractor knew ar should have kmown, of any change that mazerially a~.e~z r. he provision of
coverage of any person providing se:-viczx on the project;
(7) pos~ a notice on each project size m:-orrnmg all persons providing services on t_he project thor they
a_-e reqtm-ed to be covere, d, and smdmz how a person may veriby corrent ccve,~ge and report failure to
provide coverage. This notice does noc satisfy other pos-mag re=quirements imposed by the Act or other
commission ruJes. This notice must be printed with a title in ~ least 30 point bold .type a.nd texx in at
least 19 point normal ryp~ and shall be in both English a_nd Spanid:l and any orhea- langtmge con,mort
to the worker pop,,bt;on_ The text for the noficc~ shall be the following text pro,oder by the
commission on the sample notice, without any additional, words or changes:
KEQLrI~FD WOR_KiF_.RS' COMPENSATION COVEtLA_GE
'The law requires that each per, on working on this site or providing ser'vice~ related to this
constm~ion projec~ must be coverec by workers' compensation ir~u.ra_nce. _-7-~s includes persons
providing, hauling, or delivering equipment or materials, or providing la, or or trm'tsportafion or other
se, v-ice related to the projecT, regm-dless of the identity of' their employer or slanas as an employee."
"Call the Texaz Workers' CompepzaUon Comrruszion at 5 I2~40-3789 to receive irLt-ormadon on the
legal requirement for coverage, to yetiS.., whether your employer has provided the required coverage,
or to report an employers failure to pre¼de coverage."
hap://'v,~,,.~, sos.sta£e.~x.us/tac./28/'U:'110/B/1 I0 110 htrrd ~,,,~,d x/x~/~ 8/7198
2$T.z-C [l?
I. ) c ..... CL~..',Iy re ........ ?erzcn ' :roject to:
(A) provide c~veraue based en 2rouer re:e~-~L':g o£ classificazen :odes =-~.d pa.vroii amounts and
ofw, y coverage a~men:s (ct =;; of its e_.~__~icvees orovidLz: z:.~,qces en the proje~. Far the duration
of the
c~amca ..... 05 er_=e to .,,e c ..... c-tar Drear .~e C,'.z[ oerson begs.m~-.g work on the
proje=:
(C) i. nciude m .=il cca:.-a~s :o ~rovide se_'-,Sces cn the proje~ eke i~-,guage in subse:2cn (e)(3) of this
seczio,-L
(D) provide ,.,he con:.-a~cr. ?nor to the end o£ :i':e coverage :eSock z new ce,'-rifica:e o£coverage
showing e~en~ion of coverage, k'-he ceverage period shosvn on the current certificate of coverage
en~ eltwing the dttraticn cf the project:
(E) ob[am fi.om each other re~on with v,-~,om i: controls, and :_-evide to the con:romar:.
0) a ce:~.a, cate of coverage, prior ;o the cmer :e~on begm--2ag work on ~e proje~: --~-d
(ti) prior to the end of the coverage pe:-iod, a new certificate cf coverage shoWing e.v-er, zion of the
coverag_e penoci, if the coverage period shown on the current ce,'-:~cate of coverage end~ during the
duration of the proje~;
('F') re'=--am all re .cp.~red ce~.iE, c.ates o£coverage on ~e for the dura.'iort o£the proje~ ~'".d for one year
there, a_~e r;
(G) nareS', the goverr, m:.z:,l entity in writing by certified mail or pe~on~.l delivery within ten days
after the person knew or should have known, o£ any change ti:at materially agectz ~e vrovision o£
coverage of any person providing se~4cex on the projec~ ?d
(Iff) conu-acmally remm-e each other peaon with whom it coau-ac:s, to oerform as rec'uired by
subparagwapNs (A)-(H') of this par-agra_ ph with the cer-cificate of'coverage to be provided to the per, on
for whom they are providing services.
(e) A. perxon providing servicex on a proje~ other than a contractor, shall:
(l) provide coverag_e for ks employees providhng se.,-vices on a project, for the duration of the project
ba~ed on proper reporting or-classification codes and payro~i amounts ~nd fi.ling o£any coverage
agreements;
(2) provide a cerfi.ficz~e o£coverzge as reauired by ks contrac: :o orovide services on the project,
prior to begixming work cn ~he project;
(3) have the £ollowmg Imguage in iu conu'ac~ to provide se?rices on the project: "By signing this
contrac or providing or causine to be provided a certificate o£coverage, the person signing thSs
contra~ is representing to the governmental entity that all employees of the person si~ing this
con~rac: who will prov~ae services on the proj~t will be covered by workers' comoensation coverage
hnp:~/'s;-,~'w sos.state.~ uwtac/28/[I/1 lOFB?110 110.hLrn3 Revl~ed ~z~/~a~ 8/7/98
For tz:: duration o£:3: proiect, :hzt :h~ cc'.'cra~ ~ be ~c~ on proper rcpa~a~ ofd~s~on
codes ~q~ pa~oQ ~oums. and ,hat ~ cov~rz~e a~e~ms 'a~ be ~ed ~th ~ zppropdatc
~acc: ~er or, :z ~c ~c oFa sckZ~e~ ~ &e co~2ssioa:s DMsioa o~Se~-~ce
Re~iadoa Pro~] ~e or ~:l~db~ L~o~UO~ may subjc~
pen~s, c~ ~en~des, cJ~ pe~dcs, or o~er ci~
(4) provide the person for whom it is providing semces oa the projec',, prior to the end oft. he
coverage per/od shown on its current cemScate ofcoverzge, z new c.e.'-fi:ficare showing exxer~ion of
coverage, ir- doe coverage period shown on ,'he cemficare of coverage ends during ',.he duration of the
proje~;
(5) obt~ua from each .aerson providing se:w/ces on a proje~ re:der contract to it, and provide ax
required by irs contr~:
(A) a cenS. ficate o£coverage, prior to the omer per, on be~nn.mg work on the project; and
CB) pnor to the end oft.he coverage period, a new cem.fi, ca.tc or-coverage shoVang ertermion oft_he
cover2ge period, it'the coverage period shown on the ,cun-enr ce,'-dficate of coverzge end~ during the
dm'~tion of the
(6) re:aLu ~ required cen:ificates of coverage on fi/e for d'~e duration of the project and for one year
there2.fi:er,
(7) nati0 the gaverrtmental entity in writing by cemfied mail ar personal del/very, al~' any change that
mal:erizlly affects the provision of coverage o£any person provid/ng serv'ice~ on the project and send
the not/ce witNn ten days afl. er the person i~-new ar should have known a£the change; and
(8) conu'acmally rezuke each other person with whom it contracts to:
(A) provide coverage based on proper reporting of claxsfficadon code~ and paY'roil amotmtx and
of any coverage a~m-e--menrs for all of its employees providing services on the project, for the alu. tm:ion
o£the project;
(Et) provide a certificate of'coverage to it prior to that other per:on be_aLto-ting work on the projecg,
(C) hac!uda ha all ccaa~ac~ to provide se~Sc~ oct the projec~ the ia.ngu~ge in pa_,~m~ph (3) ofrh;,
subsectioa;
(D) provide, prior to the end of the coverage period, a new certificate ofcoveage showing ex'tension
of the coverage period, ii-the coverage pe.qod shown on the current certificate of coverage ends
during -,.he duration cf the project;
OE) obtam from each other person under ccntract to it to prov/de serv/ces on the projec"g and provide
as required by its conwacr:
(i) a cerrLficare of coverage, prior to the other r>erson be?rang work on the project;
(h) prior to the end of the coverage pedod, a new cem.ficare o£coverage showing exxer~ion of the
coverage period, if the coverage period shown on the current ceaificare of coverage endx during the
8/7198
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dura[lorl C[ :he Co~[r~cll
reran ali' r¢~uLred" c~...2°~'----~¢ .... of cc','era~e_ ca ~ie _For the duration of:he _vrofec~. and for one year
(G) not~. the govemme.-:.~ ca'-;.'7/in writing by ce.'wJzled mail or persor2.i de~Jvery., w/thin ten days
axler the person kmew or should have known, of arty change that mzte,,5.~iiy affecx, s the provision o£
coverage oDany person prov/din, g services on the project; and
(H) contractually require each.P-erson with whom ir contracts, to perfo..,:m as required by this
subpar'~_m-aph and ~bparagapi~ (A)-(G) o£this para_m-ap[t, w/th the ce~..~cate of coverage to be
provided to the person for whom Lhey ~re providing se,~Aces.
(0 Ifa.ny provision of th_is roi: or irs at~piicauon to any person or cFa-cam_stance is held invalid, th,"
mvalid/ty does not affect other oro','/sioax or appticadons ofthi~ llJ. ie rhea. ~ be given effect without
the invalid provision or appllcariork aald to this end the provisions o/'tkis rule are declared to be
severable.
(g) Ths ruie is appficabie for buiiding or ccrLvrruc~hon contracts adve.msed/'or bid by a government, a/
entity on or a.fier September i, 1994 'lTbJs mie is a/so appl/c.a.ble for ~ose building or c-omc*don
contrac-~ entered into on or a~rer September l, 1994. which are not rezuired by law to be advertised
for bid.
(h) 'I-he coverzge requirement m this rule does not apply to motor cra-nets who are required pu_,-xumx
to rexa~ Civil Statutes, Article 6675c, to re,xfer ,.ruth the Texas De?_rrment of Trarmporration and
who pro,ride accidental ir~_~urance coverage purmant to Tex3.~ Civil St=rotes, Articie 6675c, § 4~").
(i) The coverage requ/rement in thJz rule does nor apply to sole proprietors, partners, and corporate
olTicers who m~t the requirements of the Ack § 406.097(c), and who are: explicitly excluded Rom
coverage m accorch, nee with the Ack § 406.097(a) (as added by I-torte Bffi 1089, 74th Le~dattlre,
1995, § 1.20). This subsection applies ordy to sole proprietors, partners, and corporate exem.n~e
officers who are excluded [rom ccverage in an irt.yin-anco policy or ce.,-dfic, are of authority to sel~-inxure
that is de[iver~ bxued for de;Jveo,, or renewed on or after JanuaC/ 1, 1996
Source: The provi~iom o£this § 110. 110 adopted to be effective September 1, 1994, 19 Tex_.R. eg
5715; amended to be effe:'Uve November 6, 1995, 20 Tex_R_eg 8609.
Return to Section Index
P,e ~,i ~ eci 1/I, 37981 8tr7/9~
ht[p://,xmrov sos.srate.rx.uw'rac,,'2SfLIJ110/13/110110.html ~,,~ vot ?
PART A
SPECIAL PROVISIONS
M~JOR OUTFALL R~PAIRS - P~A~E I (PART A)
SECTION A - SPECIAL pROVISIONS
A-1 Time and Plac~ of Receiving Proposals/Pre-Bi4 Meeting
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 Leopard Street, %until ~:00 p.m., We~[nesday, J~n~&ry 19, 2005. Proposals
mailed should be addressed in the following manner:
City of Corpus Christi
City Secretary's office
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN. ~ID PROP~AL - MAJOR OUTF/%LL N_~pAIR~ - PHASE I (PART A)
A pre-bid meeting is scheduled for 2E00 p.i., Th~re~y, J~e~-~ 06~ 2005 and
will be conducted by the City. The location o[ the meeting will be the
Depart~nt of Engineering Services Main Conference Room, Third Floor, City
Hall, 1201 Leopar~ Street, Corpus Christi, TX. Any ~z~Air~es ~xri~ b~4~
I~o~ld be a*~xeel~ to ~c~tt Warmer, ~h/ner ~osel~ & A~I~c., Xnc., ($6~) S57-
2211.
No additional or separate visitations will be conducted by the city.
A-2 Definitions and Abbreviations
Section B-1 of the C~neral Provisions will govern.
A-3 Description of Pro~ect
Major Outiall Repairs - Phase I (Part A); consisting o~ the following general
items: /
· Water Street Storm Water Culvert internal reinforced concrete pipe
repairs, concrete crack repairs, and investigation and potential plugging
of small inlets. All repair work will be conducted from within the
culvert; no excavation will be required.
· Louisiana Storm Water Culvert - repairs to culvert inlet pipes and
manholes in three locations_ Portions of the repair work will include
excavation and street, curb/gutter, and sidewalk repairs.
Windsor Park Storm Water Culvert and Outfall - repairs and i~provements
include scour remediation/protectJon at the outfall, str~/ctural concrete
repairs and concrete crack repairs.
and all other work incidental to completing the project in accordance with
the plans, specifications and contract documents;
A-4 Method of Award
The bids will be evaluated based on the Total Base B/d, subject to
availability of funds.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion, is most
advantageous to the City and in the best interest of the public.
A-5 Items to be Subm/tted with Proposal
The following items are required to be submitted with the proposal:
1. 5% Bid Bond (~ust reference Pro4ect Name as identified in the Proposal)
(A Cashier's Check, certified check, money order or bax~k draft from any
State or National Bank will also be acceptable.)
2. Disclosure of Interests Statement
A-6 Ti~e of Co~letion/Liquidated D-m-gee
The working time for completion of the Project will be 120 calendar days.
The Contractor shall commence work within ten (10) calendar days after
receipt of written notice from the Director of Engineering Services or
designee ("City Engineer") to proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $500 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Ser~zices (City Engineer) may withhold and deduct from m~nies
otherwise due the Contractor the amount of liquidated damages due the City
The w~rking time for completion of Louisiana Repair Item 3 (Intersection of
Loutsia~za ~d Swa~tner - see Drawing Sheets 5, 8 and 9) shall not exceed 21
calendar days from the date work starts at that particular site. For each
calendar day that any work remains incomplete after the 21 calendar day ]~m~t
for this particular site (Loulsiaua Repair Item 3; intersection of Louisiana
and Swantner) or after such t~me period as extended pursuant to other
provisions of this Contract, $1000 per calendar day will be assessed against
the Contractor as liquidated damages. Said liquidated damages are not inclosed
as a penalty but as an estimate of the damages that the City will sustain
from delay in co~q~letion of the work, which damages by their nature are not
capable of precise proof. The Director of Engineering Services (City
Engineer) may withhold and deduct from monies otherwise due the Contractor
the m~ount of liquidated damages due the City.
A-7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furtherm~Dre, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
In accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Faxed Proposals
Proposals faxed directly to the City will be considered non-responsive
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B-2 of the ~eneral Provisions.
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt Since addenda can have significant i~act on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non receipt, could have an adverse effect when determining the lowest
responsible bidder.
A-10 Wage Rates (Revised 7/5/00)
Labor preference and wage rates for Heavy Construction. In case of conflict,
Contractor shall use higher wage rate.
~ Cbrpus C~risti city Council has determir~d the general p~l~ ~ ~ly ~
~t~ for ~ ~, ~ ~ ~t ~t ~ ~ C. ~ ~t~ctor ~ ~ ~t~r
~t ~t ~y less ~ ~ ~ifi~ ~ ~tes to ~1 l~re~, ~, ~ ~
~1~ ~ ~ ~ ~ ~ti~ of ~ ~tra~. ~ ~t~ctor or ~t~r s~l
fo~eit s~ ~11~ ($60.00) ~r ~1~ ~y, or ~i~ ~f, for ~ l~r,
~, or ~c ~1~, if ~ch ~ is ~d 1~ ~ ~ ~ifi~ ~tes for ~
cl~sifi~ti~ of ~rk ~o~. ~ ~t~or ~ ~ch ~t~or ~t ~ ~
ac~ ~ s~ ~ ~ ~ cl~sifi~t~ of ~1 1~, ~, ~ ~
~1~ ~ ~ ~ ~i~ ~ ~ ~oj~ ~ s~ ~ ac~ ~ ~id to ~
The Co~tractor ~u 11 make bi ~ekly certified payroll su~nittals tm t/~ City Er~3ineer.
C~n~_~actor will a/so obtain copies of such certified payrolls frum all sub~u~t~ctors
others ~rk/n~ on ~he Project ~hese ck~-~nts will also ~ submitted to the City EngLn~er
bi w~kly. (S~ section for Minority/Minority Business Enterprise Participation Policy for
additic~a/ 'eqUlr~m~nts concerning the p~r form and c~ntent of tt~ payroll sukmittals. )
One and c~ne-half (1/2) ti~s the sl~cifi~d hourly ~ nust k~ paid for all he~r~ ~rk~d in
e~cess of 40 hours in an~ or~ ~eek and for a/1 hours ~rk~d cm Sunday~ or holiday~. (See
Section B-l-l, Definitic~ of Terms, and Section B-7 6, Working Hour~.)
A-I_1 fk~o~-at/~ w~th public ;~3~z~ies (R~v~s~d 7/5/00)
The Contractor shall cc~oerate with all public and private agencies with facilities operating
within the limits of the Project. Tim Contractor shall provide a forty eight (48) hour
r~tice to any applicable agency ~xe~ ~3rk is anticipated to pro~i~<t in t/~ vicinity of any
facility by using the Texas One-Call System 1 800-245 4545, the ~ Star Notification
C~ at 1-800-669 8344, ar~ t~ Sout~tern Bell Lc~at~ ~ at 1 800-~8-5127_ For t~
C~tractor's c~e/qc~, t~ followi~ telepP~ r~ ar~ listed_
City ~'~=~r 880 3500
~j(~t Eu~3~ 857-2211
F~tt K. Wa~r, E.I.T.
· k~fic E~/r~rir~ 880 3540
Police Depa~h,==~t 882 1911
~ter Divisicm% 857-1880 (880-3140
~aste~ter Se~c~ Div/sic~l 857-1818
~ Di~ri sic~ 885-6900 (885-6900
~Im ~ter 857 1881
Parks & P~cr~aticn 880-3461
Solid W~te Se~c~s 857 1~70
f~tr~ ~ & Li~qt f~. 299-4833
Sc~t~te~u~ Bell q~le~ CD. 881-2511
C/ty St_r~t Div. for ~fic
Signal/Fiker Optic I~ate
·EsI (Fiker Optic)
~ (Fi~ Optic)
f~ic~ (Fi~r optic)
CA~DCK (Fi~ O~ic)
Br~ Fi~r Optic (MAN)
after
(880-3140 after
after ~)
(880-3140 after
(693-9444 af t~.r
(1- 800 -824-4424, after ~rs )
857 -1946 857-1960
857-5000 (857-5060 after hours)
887 9200 (Pager 800-724-3624)
813-1124 (P~r 888-204-1679)
881 5767 (P~ 850-2981)
512/935 0958 (F~ile)
972 753-4355
A-12 Maintenance of Services
The Contractor shall take all precautions in protecting existing utilities,
k~Dth above and below ground. The Drawings show as much information as c~ be
reasonably obtained from existing as built drawings, base maps, utility
records, etc. and from as much field work as normally deemed necessa~ for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such info~]nation is not ~aranteed. It is the Contractor's sole and
cc~lete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities_ If
the Contractor encounters utility se~ices along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
utilities back in service to construct the work as intended at no increase in
the Contract price. Ail such repairs must conform to the requirements of the
company or agency that o~q/s the utilities
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporar~
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped~ bailed or flumed over the streets
or ground surface and Contractor must pay for ali fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
(Revised 9/18/00)
Page 4 of 23
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public_
Thc Contractor will bc required to schedule his operations so as to cause
minimum adverse impact on thc accessibility of thc muccum and public_ This
may include, but is not limited to, working driveways in half widths,
eonstruction of temporary ramps, crc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City_ copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department
Ail costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A-14 Construction Equipment Spillage and Track£n~
The Contractor 8hall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area_ ~and labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 ~xeavatlon and Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
Ail existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
Ail necessary removals including but not limitcd to pipe, driveways,
sidewalks, crc., arc to bc considcrcd subsidiary to thc bid itcm for "Street
Excavation", therefore, no direct p~cnt will bc ~adc to Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broken culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
Contractor.
(Revised 9/18/00)
Rage 5 of 23
A-17 Field Office NOT USED
Thc Contractor must furnish thc City Engineer or his representative with a
field office at thc construction site Thc field office must contain at lca0t
120 square fcct of u0cablc space. Thc field office mu0t be air conditioned
and heated and mu0t bc furni0hcd with an inclined table that measures at
least 30" x 60" and two (2) chairs~ Thc Contractor shall move thc field
efficc on thc site ac rcguircd by thc City Engineer or his rcprc0cntativc_
Thc field office must bc furnished with a telephone (with 2t hour per day
answering service) and F/kK machine paid for by thc Contractor_ There is no
separate pay item for thc flcld office.
A-18 Schedule and Sequence of Construction
The working time for completion of the Project will be 120 calendar clays_
The Contractor shall commence work within ten (10) calendar days after
receipt of written notice from the Director of Engineering Services or
designee ("City Engineer"} to proceed_
The Contractor shall submit to the City Engineer a work plan based only on
calendar days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three (3) calendar days prior to the
pre construction meeting.
The plan must indicate the schedule of the following work items:
Initial Schedule: Submit to the City Engineer three
the Pre Construction Meeting an initial Construction
for review.
(3) days prior to
Pr~ress Schedule
Items to Includez Show complete sequence of constr~ction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re Submission: Revise and resubmit as required by the City Engineer.
Periodic Update: Submit Updated Construction Prc~3ress Schedule to show
actual progress of each stage by percentage against initial Schedule.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $500 per
calendar day will be assessed against the Contractor as liquidated damages_
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer) may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City
The working time for completion of Louisiana Repair Item 3 (Intersection of
Louisiana and Swantuer - see Drawing Sheets 5, 8 and 9) shall not exceed 21
calendar days from the date work starts at that particular site. For each
calendar day that ~ny work remains incu~lete after the 21 calendar day l~m~t
for this particular site (Louisiana Repair Item 3; Intersection of Louisiana
and Swantner) or after such time period as extended pursuant to other
provisions of this Contract, $1000 per calendar day will be assessed against
the Contractor as liquidated d*m~ges. Said liquldated d~m-ges are not ~mposed
as a penalty but as an estimate of the damages that the City will sustain
Section A - ~P
(Revised 9/18/00)
Page 6 of 23
from delay in completion of the work. which damages by their nature are not
cepable of precise proof. The Director of Engineering Services (City
Engineer) may withhold ~nd deduct from m~nies otherwise due the Contractor
the amount of liquidated d~mages due the City.
A-19 Construction Staking
The drawings depict lines, slopes, grades, sections, measurements, bench
marks, baselines, etc_ that are normally required to construct a project of
this nature.
The major controls and bench marks required for setting up a project, if not
shown on the drawings, will be provided by the City or the Consultant Project
Engineer.
The Contractor will furnish all lines, slopes and measurements for control of
the work.
If, during construction, it is necessary to disturb or destroy a control
point or bench mark, the Contractor shall provide the City Surveyor 48 hours
notice so that alternate control points can be established by the City
Sur~xeyor as he deems necessary, at no cost to the Contractor. Control points
or bench marks damaged as a result of the Contractor's negligence will be
restored by the city Surveyor at the expense of the Contractor.
If, for whatever reason, it is necessary to deviate from proposed line and
grade to properly execute the work, the Contractor shall obtain approval of
the City Engineer prior to deviation. If,- in the opinion of the City
Engineer, the required deviation would necessitate a revision to the
drawings, the Contractor shall provide supporting measurements as required
for the City Engineer to revise the drawings.
The Contractor shall tie in or reference all valves and manholes, both
existing and proposed, for the purpose of adjusting valves and martholes at
the completion of the paving process. Also, the City Engineer may require
that the Contractor furnish a maximum of two (2) personnel for the purpose of
assisting the measuring of the completed work_
A-20 Testing and Certification
Ail tests required under this item must be done by a recognized testing
laboratory selected by the city Engineer. The cost of the laboratory testing
will be borne by the City. In the event that any test fails, that test must
be done over after corrective measures have been taken, and the cost of
retesting will be borne by the Contractor and deducted from the payment to
the Contractor.
The Contractor must provide all applicable certifications to the City
Engineer
A-21 Project Signs NOT USED
Thc Contractor must furnish and install 1 Project signs as indicatcd on the
iollowing drawing0. (Attachmcnt IV} Thc signs must bc installed bcforc
eonstruction bcgins and will bc maintaincd throughout thc Projcct pcriod by
thc Contractor. Thc location of thc ~ign~ will bc dctcrmincd in thc ficld by
thc City Enginccr~
A-22
1.
Minority/Minority Busiuess Enterl)rise Particip&tion Pol4cy (Revised
Policy
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise_
Definitions
Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
C
Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person(s). Minority persons
include Blacks, Mexican Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women are also
considered as minorities. Minority person(s) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
1. Owned
(a)
For a sole proprietorship to be deemed a minority
business enterprise, it must be ow~led by a minority
person.
(b)
For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s)
(c)
For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority
person(s).
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s)
Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51 0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
0ectfon A SP
(Revised 9/18/00)
Page 8 of 23
procurement, and subcontract payments, and any other
monetar~ distribution paid by the business enterprise
Minority: See definition under Minority Business Enterprise.
Female Owned Business Enterprise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least 51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
in the corporate shares are owned by one or more women.
Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
~ founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture_ For example, a joint venture
which is to perform 50 0% of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25_0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
The goals for participation by minorities
Enterprises expressed in percentage terms
aggregate work force on all construction
award are as follows:
and Minority Business
for the Contractor,s
work for the Contract
Minority Participation
(Percent)
Minority Business Enterprise
Participation (Percent)
45 % 15 %
These goals are applicable to all the const~n~ction work (regardless
of federal participation) performed in the Contract, including
approved change orders. The hours of minority employment must be
su]pst~ntially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
Compliance
Upon completion of the Project, a final breakdow~ of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade~ which has been utilized on the
Project. Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved The city Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
(Revised 9/18/00)
Page 9 of 23
A-23 Inspection Required (Revised 7/5/00) NOT USeD
Thc Contractor shall assure thc appropriate building inspections by thc
Building Inspection Division at thc various intc~alo of work for which a
pcr~it is rcquircd and to ao0urc a final inspection aftcr thc building is
completed and ready for occupancy. Contractor must obtain thc Ccrtificatc of
Occupancy, %~hcn applicablc. Section B 6 2 of thc Ccncral Provisions is hcrcby
amended in that thc Contractor must pay all fcco and charges lcvicd by thc
City's Building Inspection Dcpartmcnt, ~nd all othcr City fees, including
watcr/~otcwatcr meter fees and tap fcco as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City_ All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent (10%) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10%) of the Surety
Company's capital and surplus with reinsurer(s) authorized to do
business in the State of Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10%) of the
reinsurer's capital and surplus_ For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasur~ or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
A-25 Sales T~K EX"m~. tion (NOT USED)
E~ction B 6 22, Tax Exemption Provision, iD deleted in its entirety and the
following substituted in lieu thereof.
Contracts for improvcmcnts to real property awardcd by thc City of Corpus
Christi do not qualify for cxcmptionD of Ealcs, Excise, and Usc Taxes unlcss
thc Contractor clccts to opcratc under a scparatcd contract as defined by
Ecction 3.291 of Chaptcr 3, Tax Administration of Titlc 3t, Public Finance of
thc Tc×a~ Adminietrati¥c Code, or ouch other rulc~ or regulations as may be
promulgated by thc Comptroller of Public Accounts of Texas.
If thc Contractor elects to operate under a separated contract, hc shall:
Obtain thc ncccssar7 sales t~[ permits from thc Statc Comptroller
Section A - SP
(Revised 9/18/00)
Page 10 of 23
thc "Etatcmcnt of Materials and
thc cost of materials physically
Identify in thc appropriate space on
Other Charges" in thc proDooal form
incorporated into thc Project.
Provide resale certificates to suppliers.
Provide thc City with copies of material
proposal value of materials_
invoices to substantiate thc
If thc Contractor docs not elect to operate under a separated contract, hc
must pay for all Calco, ~xui0c, and Usc Taxes applicable to thio Project_
Subcontractors arc eligible for oulcs tax exemptions if thc subcontractor
also complic0 with thc above requirement0, Thc Contractor must issue a
resale certificate to the subcontractor ~nd thc subcontr~ctor~ in turn,
issues a resale certificate to his uupplicr.
A-26 Supplement&l Insurance Requirements
For each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
chan~ to~
1
Name: city of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
Address: P.O. Box 9277
Cot]pus Christi, Texas 78469-9277
Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30) calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor shall provide
the City Engineer with a certificate of insurance certifying that the
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract
For each insurance coverage provided in accordance with Section B 6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys' fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or a~/y damage
to a~ay property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract The foregoing indemnity shall apply except if such
inju~-y, death or damage is caused directly by the negligence or
other fault of the City, its agents, se~-vants, or employees or any
person indemnified hereunder_
A-27 Responsibility for D-~-~e Cleims NOT USED
Paragraph (a) Ccncral Liability of Ccction B g 11 of thc Ccncral Pro¥ioiono
is amended to includc:
Contractor must provide insurance coverage for thc
term of thc Contract up to and including thc date thc City finally
acccptc thc Project or work. I eovcragc must bc an
"All Ri0k" form_ Contractor must pay all costs ncecsnary to procure such
insurance covcragc, including any dcductiblc. Thc
city must bc named additional insured on any policies providing such
insurance coverage
A-28 Consider&tions for Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, then prior to award, the City
Engineer may require a bidder to provide documentation concerning:
Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects be~n
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien_ If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field A~m{nlstration Staff
The Contractor shall employ for this Project, as its field administration
staff, superintendents and foremen who are careful and competent and
acceptable to the City Engineer.
The criteria upon which the City Engineer makes this determination may
include the following:
Section A - SP
(Revised 9/18/00)
Page 12 of 23
The superintendent must have at least five (5) years ex"perience in the
day-to-day field management and oversight of projects of a similar size
and complexity to this Project. This experience must include, but is not
limited to, scheduling of manpower and materials, structural 0tccl
crcction, ma0onr~, safety, coordination of subcontractors, and
familiarity with the architcctural submittal process, federal and state
wage rate requirements, and contract close out procedures.
2
The foreman must have at least five (5) years experience in oversight
and management of the work of various subcontractors and crafts_ If the
scope of the Project is such that a foreman is not rec~/ired, the
Contractor,s superintendent shall assume the responsibilities of a
foreman
Documentation concerning these matters will be reviewed by the City Engineer.
The Contractor's field administration staff, and a~y subseguent substitutions
or replacements thereto, must be approved by the City Engineer in writing
prior to such superintendent or foreman assuming responsibilities on the
Project.
Such written approval of field administration staff is a prerequisite to the
City Engineer's obligation to execute a contract for this Project_ If such
approval is not obtained, the award may be rescinded. Further, such wucitten
approval is also necessary prior to a change in field administration staff
during the term of this Contract. If the Contractor fails to obtain prior
written approval of the city Engineer concerning any substitutions or
replacements in its field administration staff for this Project during the
term of the Contract, such a failure constitutes a basis to annul the
Contract pursuant to section B-7-13.
A-30 Amended 'Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B 3 1 Consideration of Contract add the following text:
Within five (5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
A schedule of values which specifies estimates of the cost for each
major component of the work;
schedule of anticipated monthly payments for the Project duration.
The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
(Revise4 9/1B/0O)
Page 13 of 23
A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not c~leted his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project_ The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award_
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Pailure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-7-13;
A preliminary progress schedule indicating relationships between the
major components of the work. The final progress schedule must be
submitted to the City Engineer at the pre-construction conference;
Documentation required pursuant to the Special
concerning Considerations for Contract Award
Contractor's Field Administration Staff.
Provisions A-28 and A-29
and Executio~ and the
Dooumcntation as rcquircd by Epccial Pro¥ision A 35 K, if applicablc.
Within five (5) days followlng bid opening, a,,~t in letter form,
infoz~ation Identifying type of entity ~d state, i.e., Texas (or other
et&te) Corporation or Partnership, and n~e(s} and Title(s) of
individual(s) authorized to execute contracts on behalf of said entity.
A-31 ~ Policy ~ Extx~ Work and ~je Orders
Under ',General Provisions and Requirements for Municipal Construction Contracts" B 8-5
Policy on Extra ~ork and Chanqe Orders tile present text is deleted and replaced with the
following:
ODntractor acknowledges that the City has no obligation to pay for any extra work
for wh/ch a ch=lnge order has not been si~med by the Director of Er~ineerir~
Service~ or h/s designee. The Contractor also acknowledges that the city Engineer
may authorize charge orders which do not exceed $25,000.00. The Contractor
acknowledges that any charge orders in an a~ount in excess of $25,000.00 ~st also
h~ approved by the City Council.
A-32 ~ "Execution of C~traut- Rsqu/r~m-.ts
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
~ award of the Contract may b~ rescinded at any tin~ prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, ar~ City Attorney, or their authorized d~signees.
Contractor has no cause of action of any kind, includir~ for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 C~n~/tlc~s of Work
Each bidder must familiarize hi.elf fully with the conditions relating to the
completion of t~ Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract Contractor is reminded to
attend the Pre-Bid ~eeting re~erred to in Speci-] provision A-1.
A-34 Precedence of Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications, fi~th precedence w~ll be given to the Technical
~p4~cific&tion~, and the C~eneral Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
A,~ specifications, etc , the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, Technical
~ecifications, and General Provisions, in that order.
A-35 City Water Facilities~ Special Requirements NOT USED
A visitor/Contractor Orientation
Prior to pcrfor~ing work at any City watcr facility, thc
Contractor, his subcontractors, and cash of their employees must
have on their person a valid card certifying their prior attendance
at a visitor/Contractor Safcty Orientation Program conducted by thc
City Water Dcpartmcnt Personnel A visitor/Contractor Eafcty
Orientation Program %;ill bc offered by authorized City Water
Department personnel for tho0c persons who do not have ouch a card,
and who dcGirc to perform any work within amy City water facility.
For additional inforr~ation rcfcr to Attachment 1.
B. Operation of city G~ned Equipment
C
Tho contractor shall not start, operate, or stop ~y pu~, motor,
valve, equi~ent, switch, breaker, control, or any other item
rolatud to City water facllity at any time. All ouch items muo~ bs
operated by an operator or othcr authoriscd maintenance employee of
thc City Water Department_
Protection of Water Quality
Thc City must dclivcr watcr of drinking quality to itu customcro at
all times Thc Contractor 0hall protcct thc quality of thc watcr
in thc job site and shall coordinate its work with thc City Water
Department to protect thc quality of thc water
D. Conformity with A~;SI/NEF Standard 61
All matcrialo and equipment used in thc repair, reaomcmbly,
transportation, rcinotallation, and inspection of pumps, or any
other items, which could come into contact with potable water, must
conform to ~crican National ~tandards Institute/National
Canitation Foundation (~;SI/NSF} Ctandard 61 as dcocribcd in thc
F~ard Cpccifications.
(Revised 9/18/00)
Pa~e 15 of 23
~uoh ~aterialo include all oolvmnto, cleaners, lu~ricanto, gaskets,
thr~&d c~--~ou~do, coatlngD, or hydxaulia o~i~mMu~t. Th~mo lt-----
~uo~ not bo used ~laoo ~hey con~o~ with ~OI/NEF S~rd gl ~d
~leoo ~uch i~ are inep~c~ed on the oi~o by au~horised City
poroo~cl l~diatuly prior to uso_
Thc Contractor shall pro¥idc thc Engineer with copies of written
proof of A};EI/NgF gtandard 61 approval for all matcrialo which
could come into contact with potablc watcr.
Ha~dlia9 and Disposal of Trash
A/1 trash 9cncratcd by thc Contractor or his cmploycco, agent0, or
subcontractors, must be containcd at all times at thc water
facility site. Blowing trash will not bc allowed. Thc Contractor
shall kccp work arcao clean at all times and rcmovc all trash
daily.
CONTRAOTOR'~ ON EIT~ PRepARATION
Contractor's pcrsonncl must wcar colored uniform ovcralls other
than orange, blue, or white_ Each ~.loyee u~ifoz-m muo~ provido
c~mpany na~e and individual ~--~loyeo identification.
Contractor shall provide tclcphoncs for Contractor pcrsonncl. Plant
t~l~phonu~ arc not av&il~lo for Contracto~
Working hours will bc 7:00 A.M. to S:00 P.M , Monday thz-u Friday.
Contractor must not usc any City facility rcotroomo_ Contractor
must provide own sanitary facilitico.
All Contractor vehicles must bc parkcd at dcoignatcd site, as
designated by city Water Department staff. Ail Contractor vchiclcs
must be clearly labeled with company name. NO priYatc employee
vchiclcs arc allotted at O. N. gtcvcno Water Treatment Plant. Ail
pcroonncl must bc in company vehicles. During working hours,
contractor cmployccs must not leave thc dcoignatcd construction
area nor wander through any buildings other than for required work
er au dircctcd by City Water Department personnel during cmcrgcncy
evacuation.
Contractor Qualifications
ACQUICITION~)
gCADA (gUPERVIEORY CO}~I~OL A}~ DATA
Any %~ork to thc computcr bascd monitoring and control system must
bc p~rformcd only by qualificd technical and supcrvisorf pcrsoruncl~
as determined by meeting thc qualifications 1 thru 9 below. Thin
work includes, but is not limited to~ modifications, additions,
changco, oclcctions, furnishing, installing, connecting,
programming, customizing, dcbu§ging, calibrating, or placing in
operation all hardwarc and/or uoftwarc specified or rcquircd by
thcoc specifications.
Thc Contractor or his subcontractor proposing to perform thc SCADA
%;ork must bc able to demonstrate thc following:
Section A - SP
(Revised 9/18/00)
Page 16 of 23
A-36
1.
2.
3
5
Mc is regularly engaged in thc computer based monitoring
and control system busincos~ preferably aa applied to thc
municipal water and waotcwatcr industry
Mc has performed work on systems of comparable si~c, type,
and complcKity as required in thio Contract on at least
three prior projects.
Mc has bccn actively engaged in thc type of work spcclficd
herein for at least $ years.
IIc employs a Registered Professional Engineer, a Control
Eystcmc Engineer, or an Electrical Engineer to supervise or
perform thc work required by this specifications
Mc employs personnel on thio Project who have successfully
co,~plctcd a manufacturcr,s training course in configuring
and implementing thc specific computers, RTU~'o, and
software proposed for thc Contract.
Nc maintains a permanent, fully staffed and equipped
service facility within ~00 miles of thc Project site to
maintain, repair, calibrate, and program thc systems
specified herein.
IIc shall furnish equipment which is thc product of one
manufacturcr to thc maximum practical extent. Where thio is
not practical, all equipment of a given type will bc thc
product of one manufacturer.
Prior pcrforr~ancc at thc O. N. Stevens Water Treatment
Plant will bc used in evaluating which Contractor or
subcontractor programs thc new work for thio Project_
Thc Contractor shall produce all filled out progra.~ning
block0 rcq~/ircd to chow thc prograNm~ing as nccdcd and
required, to add these two systems to thc c×isting City
CCADA system. Attached is an c×amplc of thc required
progra.~ning bloc]is which thc City requires to bc filled in
and given to t~ City Engineer with all changes made during
thc programming phase. Thc attached sheet is an example and
is not intended to show all of thc required sheets Thc
Contractor will provide all pro~rammin~ blocks used.
L. Trcnchi_n~ Rcquiremcnts
All trenching for this project at thc O- N. gtcvens Water Treatment
Plant shall bc performed using a backhoe or hand digging duc to thc
nu~r of c×ioting underground obotructions. No trenching machines
shall bc allowed on thc project.
Other Submittals
Shop Drawing Submittal: The Contractor shall follow
outlined below when processing Shop Drawing submittals:
the procedure
Quantity: Contractor shall submit five (5) copies of each required
by thc City to the City Engineer or his designated representative_
Rcproduciblcs: In addition to thc required copies, thc Contractor
chall also submit one (1) reproducible transparency for all shop
drawings.
Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
Section A - SP
Page 17 of 23
supplier; pertinent Drawing sheet and detail number(s), and
specification Section nu~er, as appropriate, on each submittal
form_
Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
constr]~ction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the city Engineer for approval, and
coordinate the submission of related items.
Marking: Contractor must mark each copy to identify applicable
pr~ucts, mc~els, options, and other data_ Supplement
~anufacturers' standard data to provide informatio~ unique to this
Project_
Variations: Contractor must identify any pro~sed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on all submittal forms.
Resubmittals: Contractor must
required by City Engineer and
since previous submittal
revise and resubmit submittals as
clearly identify all changes made
Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection_
Test and Repair Report
When specified in the Tec~u/ical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project·
A-37 ~--~ "~-~-az~e~e~t and ~-~e for Water FUX~/S~ by tt~ City' Z~DT USED
Undcr "Ccncral Provisions and Rcquircmcntu for Municipal Construction Contracts",
C lB ;u-rangc~m2nt and Chnr~c for Watcr Furni0hcd by thc City, add thc following:
B
',Thc Contractor must comply with thc City of Corpus Christi's Watcr
Conscrvation a~d Drought Contingcncy Plan as amcndcd (thc "Plan")_ 7]lis
includcs implcmenting watcr conscrwation mcasurc0 cstabli0hcd for changing
eonditlonu Thc City Enginccr will providc a copy of thc Plan to Contractor at
thc pfc construction mccting. Thc Contractor will kccp a copy of thc P10=n on
thc Projcct sitc throughout conotruction."
A-38 Worker's Co~ensation Coverage for Building or Construction Projects for
Government Entlties
The requirements of "Notice to Contractors 'B'" are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Final Acceptance NOT USED
Thc issuance of a certificate of occupancy for i~rovcmcnts docs not
conotitutc final acceptance of thc impro¥cmcnt0 under Ccncral Pro¥ioion B 8
A-C0 A~endment to Section B-8-6, Partial Est4~tes
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite_
A-~i Ozone Advisory ~ USED
Priming and hot mix pavin9 operations must not bc conductcd on days for which
an omonc advisory has bccn issued, except for repairs. Thc City Engineer %~ill
notify Contractor about omonc alert If a delay such as thio is c×pcricnccd,
thc day will not bc counted as a work day and thc Contractor will bc
compensated at thc unit price indicated in thc proposal.
A-42 OS~ Rules & Regulations
It is the responsibility of the Contractor(s) to adhere to all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs The contractor is alerted that much of the required work is to
be conducted from within storm water culverts; particular attention must be
given to confined space entry and work safety procedures.
A-43 Amended Ind-~ification & Hold Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts,, B 6 21 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
Section A - SP
(Revised 9/18/00)
Page 19 of 23
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, ets_) . This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
A-45 As-Built Di~ensions and Drawings (7/5/00)
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as built dimensions and locations of all work constr~/cted_ As
a minimum, the final drawings shall include the following:
(1) Horizontal and vertical dimensions due to
substitutions/field changes.
(2) Changes in equipment and dimensions due to substitutions.
"};amcplate" data on all installed equipment_
(4) Deletions, additions, and changes to scope of work.
(5) Any other changes made.
A-&6 Dlsposal of H/ghly Chloriuated water (7/5/00) NOT USED
Thc Contractor shall bc rcspon0iblc for thc disposal of watcr used for
testing, disinfection and linc flushing in an appro¥cd manner_ Contaminants
in thc water, particularly high lcvcls of chlorine, will bc used for
disinfection, and may cxcccd thc permissible limits for discharge into
wetlands or cn¥ironmcntally 0cnoitivc areas. Those arc regulated by numerous
agencies such as TNRCC, EPA, crc. It will bc thc Contractor's responsibility
to comply with thc requirements of all regulatory agencies in the disposal of
all water used in thc projcct. Thc methods of disposal shall bc submittcd to
thc city for approYal. Thoro shall bc no separate pay for disposal of highly
chlorinatcd water. Contractor shall not usc thc City's sanitary scwcr system
for disposal of contaminated water.
A-47 Pre-Constr~ction Exploratory Excavations (7/5/00) NOT USED
Prior to any construction whatever on thc projcct, Contractor shall cxcaYatc
and c~po0c all c×isting pipelines of thc project that cross ~ithin 20 fcct of
proposed pipclincu of thc projcct and Contractor shall sur~cy thc cxact
¥crtical and horizontal location of cash crossing and potentially conflicting
pipeline.
For existing pipelines which parallel and arc within ton fcct (10') of
proposed pipelines of thc project, Contractor shall excavate and cxposc said
e~xiting pipelines at a ~imum of ~00 fcct S.C. and Contractor shall survey
thc accuratc horizontal and vortical locations of said parallcl pipclincs at
300 fcct maximum
(Revised 9/18/00)
Pag~ 20 of 23
Contractor shall thcn prcparc a rcport and submit it to thc City for approval
indicating thc Owner of pipclincs c][caYatcd and ou~cycd, as well as thc
approximate station thereof, distance to thc pavement ccntcrllnc and
elevations of thc top of c×ioting plpclincu.
Contractor shall porfo~ no const~uction work on tho project until all
exploratory ~xoavation~ have been ~d~ in their entirety, the results thereof
to,or,cd to the ~-ginoer and until Cent=actor roceive~ Eng~neor,o approval of
E~ploratory excavations uhall bc paid for on a lump sum basis_ Any pavcmcnt
repair as0ociatcd with cxploratory c~cavationo shall bc paid for according to
thc established until price of pavcmcnt patching. Contractor shall provide
all his o%~ survey work effort (no separate pay) for cxploratory cxcavationo.
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires_ There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
constr~ction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A-49 Amended "Maintenance Guaranty. (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenanc~ Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity "
A-50 Dewa~ering
Storm water that enters an excavation can be pumped out as 1cng as care is
taken to minimize solids and mud entering the pump suction and flow is pumped
to a location that allows for sheet flow prior to entering a storm water
drainage ditch or sto~ water inlet. An alternative to sheet flow is to pump
storm water to an area where pending occurs naturally without leaving the
designated work area or by a manmade berm(s) prior to entering the storm
water system. Sheet flow and pending is to allow solids screening and or
settling prior to entering a storm water conduit or inlet. Storm water or
groundwater shall not be discharged to private property without permission.
Dewatering associated with groundwater only shall not be pumped directly or
indirectly to the storm water system. The City's storm water department
(857 1868) indicated that the City of Corpus Christi, by ordinance will not
allow untreated groundwater to discharge to a location that flows into Corpus
Christi Bay without testing prior to discharge. If the stoI~ water is tested
Section A - SP
(Revised 9/18/00)
and found to be o~ a quality that is equal to or better than the receiving
water, then it can be discharged to the storm sewer system_ The water must
be tested periodically throughout the duration of the project Options would
include pumping to the nearest sanitary sewer or discharging to temporary
holding tanks then trucking to a sanitary sewer or wastewater plant_ Other
groundwater disposal alternatives or solution may be approved by the Engineer
on a case by case basis. Pumped groundwater from the excavation can be
pumped to the sanitary sewer system adjacent to the proposed work_ Contact
Mark Shell (857 1817) to obtain a "no cost" permit. City will pay for any
water testing or water analysis cost required. The permit will require an
estimate of groundwater flow
Section A - SP
(Revised 9/18/00)
Pm~e 22 of 23
PROJECT:
OWNS R,
ENGINEER:
CONTRACTOR:
SUBM-/TTAL DATE:
APPLICABLE SPSCIFICATION
OR DP. AWING
SUBMITTAL TPJ%NSMTTTAL FOP. M
MAJOR OUTFALL REPAIRS - PHASE I (PART A); PROJECT No. 2206
CITY OF CORPUS CHRISTI
Shiner Moseley & Assoc_, Inc.
PART C
FEDERAL WAGE RATES AND REQUIREMENTS
Page 1 of 2
General Decision Number TX030039 06/13/2003 TX39
Superseded General Decision No. TX020039
State: TFPlAS
Construction Type:
HEAVY
County(les) :
NLrECES
SAN PATRICIO
HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line
Construction and Drainage Projects)
Modification Nuntber
0
Publication Date
06/1372003
COUNTY(ies):
NqJECES
SAN PATRICIO
SUTX2052A 12/01/1987
Rates
CARPENTERS (Excluding Form
Setting) $ 9.05
Fringes
CONCRETE FINISHER
7.56
ELECTRICIAN 13.37 2.58
LABORERS:
Common 5.64
Utility 7.68
POWER EQUIPMENT OPERATORS:
Backhoe
Motor Grader
.21
.72
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing~
WAGE DETEP~4INATION APPF~LS PROCESS
1.) Has there been an initial decision in the m~tter~ This can
be:
* an existing published wage deter~nination
* a survey underlying a wage determination
http//192.239 92.108/search/davisbacon/currenfft.x39.dvb?ts:=0.44154200 1103815653
Page 2 of 2
a Wage and Hour Division letter setting forth a
position on a wage determination matter
a conformance (additional classification and rate)
ruling
On sur~ey related matters, initial contact, including requests
for sununaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the sur~;ey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfacto~, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the fox-mai
process described here, initial contact should be with the Branch
of Constr~ction Wage Determinations_ Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U_ S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D_ C 20210
2-) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U_S Department of Labor
200 Constitution Avenue, N.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S- Department of Labor
200 Constitution Avenue, N W.
Washington, D. C. 20210
4.) Ail decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
http://192.239.92.108/search/davisbacordcurrenfftx39.dvb?ts--0,44154200 1103815653 12/23/IM
AGREEMENT
THE STATE OF TEX~S §
COUNTY OF NUECES ~
THIS AGREEMENT is entered into this 8TH day of FEBRUARY, 2005, by
and between the CITY OF CORI~US CHRISTI of the County of Nueces, State of
Texas, acting through its duly authorized City Manager, termed in the
Contract Documents as "City," and DMB CONSTRUCTION, L.L.C. termed in
the Contract Documents as "Contractor," upon these terms, performable in
Nueces County, Texas:
In consideration of the payment of $351,087.80 by City and other
obligations of City as set out herein, Contractor will construct and
complete certain improvements described as follows:
M~JOR OUTF~?.T. REPAIRS PHASE i (PART A)
PROJECT NO.2206
(TOTAL BASE BID: $351,087.80)
according to the attached Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in their
attached bid proposal supplying at their expense such materials,
services, labor and insurance as required by the attached Contract
Documents, including overseeing the entire job. The Contract Documents
include this Agreement, the bid proposal and instructions, plans and
specifications, including all maps, plats, blueprints, and other
drawings, the Performance and Payment bonds, addenda, and related
documents all of which constitute the contract for this project and are
made a part hereof.
Agreement
Page 1 of 2
I
ITEM
1
4
5
II
1 LS
20 LF
1 LS
60 LB
130 LF
III
Description
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Water Street
Storm Water Repair Work in
accordance with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Item 2.
Perform crack/ joint repairs
with polyurethane injection
(Water Street Repair Items .2
and 3), complete and in place
per LINEAR FOOT. See Note 1
below.
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Louisiana Storm
Water Repair Work in accordance
with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Items 4
through 6.
Perform inlet pipe joint
sealing with polyurethane
injection (Louisiana Repair
Item 1), complete and in place
per POUND. See Note 2 below.
Provide Trench Safety Measures
(Louisiana Repair Items 2 and
3) as required by the
specifications, complete and in
place per LINEAR FOOT.
IV V
Unit
Price Total
~T~4 QT¥
7
8
1 LS
1 LS
30 CY
90 LF
Description
Provide Temporary Traffic
Controls during the work
(Louisiana Repair Item 3) as
required by the plans and
specifications, complete and
place per LUMP SUM.
in
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Windsor Park
Storm Water Repair Work in
accordance with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Items 8
through 9.
Provide and place flo~able fill
material for repair of approach
slab underm/ning at the Windsor
Park Outfall (Windsor Park
Repair Item 1), complete and in
place per CUBIC YARD. See Note
3 below.
Perform crack/ joint repairs
with polyurethane injection
(Windsor Park Repair Items 3,
5, 7, and 9), complete and in
place per LINEAR FOOT. See
Note 1 below.
IV V
Unit
Price To~al
TOTAL BASE BID:
(Bid Items 1-9)
The Contractor will commence work within ten (10) calendar days from
date they receive written work order and will complete same within 130
C~?.~NDAR DAYS after construction is
Contractor may be liable for
Contract Documents.
City will pay Contractor
contract in accordance with
progresses.
Signed in 4 parts
above.
begun. Should Contractor default,
liquidated damages as set forth in the
in current funds for performance of the
the Contract Documents as the work
at Corpus Christi, Texas on the date shown
ATTEST
C~TY OF CORPUS CHRISTI
Ronald F. Massey, Asst. ~ty Mgr_
of Public Works and Utilities
APPI~ AS TO LEGALj FORM:
As~/ ~ity Attorney
~nge//. Escobar, P.E.
Director of Engineering Services
ATTEST: (If Corporation)
(Seal Below)
(Note: Zf Perso~ si~. for
oomlmor~i~n is not President,
atta~l ~ of authorization
CO~T~ACTOR
DMB Construction, L.L,C,
By:
P.O. Box 71118
(Address)
Corpus Christi, TX 78467
(City) (State) (Zip)
361/883-1805 * 361/884-1068
(Phone) (Fax)
Agreement
Page 2 of 2
PROPOSAL
FOR
FORM
MAJOR OUTFALL REPAIRS - PHASE I (PART A)
PROJECT 2206
DEPARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
Page 1 of 8
PROPOSAL
Place:
Date:
Proposal of b~ ~mQ~ ,
a Corporation or~nized and existing under the laws of
State of
the
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor and
materials, tools, and necessary equipment, and to perform the work
required for:
MAJOR OUTFIT.?. REPAIRS - PHASE I (PART A)
PROJECT NUMBER 2206
at the locations
accordance with
wit:
set out by the plans and specifications and in strict
the contract documents for the following prices, to-
I
ITEM
1
2
4
5
II
1 LS
2O LF
1 LS
60 LB
130 LF
III
Description
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Water Street
Storm Water Repair Work in
accordance with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Item 2.
Perform crack/ joint repairs
with polyurethane injection
(Water Street Repair Items .2
and 3), complete and in place
per LINEAR FOOT. See Note 1
below.
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Louis~ana Storm
Water Repair Work in accordance
with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Items 4
through 6.
Perform inlet pipe joint
sealing with polyurethane
injection (Louisiana Repair
Item 1), complete and in place
per POUND. See Note 2 below.
Provide Trench Safety Measures
(Louisiana Repair Items 2 and
3) as required by the
specifications, complete and in
place per LINEAR FOOT.
IV V
unit
Price Total
I I,7,52, oo $ (ql,752,
Proposal Form
Page 3 of 8
I ~ II III IV V
Unit
ITEM QT¥ Description Price Total
6 1 LS
Provide Temporary Traffic
Controls during the work
(Louisiana Repair Item 3) as
required by the plans and
specifications, complete and in
place per LUMP SUM.
7 1 LS
8 30 CY
9 90 LF
Provide all labor, material,
equipment, bonds, insurance,
mobilization/demobilization,
and other essentials necessary
to complete the Windsor Park
Storm Water Repair Work in
accordance with the plans and
specifications, complete and in
place per LUMP SUM, except for
work covered under Bid Items 8
through 9.
Pr'ovide and place flowable fill
material for repair of approach
slab undermining at the Windsor
Park Outfall (Windsor Park
Repair Item 1), complete and in
place per CUBIC YARD. See Note
3 below.
Perform crack/ Joint repairs
with polyurethane injection
(Windsor Park Repair Items 3,
5, 7, and 9), complete and in
place per LINEAR FOOT. See
Note 1 below.
TOT;iL ~%S~. BID:
(Bid Items 1-9)
~ropo~al Form
SPECIAL NOTES TO BIDDERS:
1- The quantity of crack/joint polyurethane injection repairs is
approximate and may range between 80 and 100 linear feet. The
Contractor shall only be paid for the actual amount of material placed
(measured in linear feet of crack repair), therefore may not be paid
the full amount shown on the bid form. Mobilization of equipment for
polyurethane crack injection repairs shall be included in Bid Item 1.
2. The quantity of sealant material required for the pipe joint
sealing repair items is approximate and may range between 20 and 60
pounds. The Contractor shall only be paid for the actual amount of
sealant material placed (measured in pounds), therefore may not be paid
the full amount shown on the bid form_ Mobilization of equipment for
pol!rurethane pipe sealing repairs shall be included in Bid Item 1.
3. The quantity of flowable fill required for the repair of the
Windsor Park approach slab %undermining is approximate and may range
between 10 and 30 cubic yards. The Contractor shall only be paid for
the actual amount of flowable fill placed (measured in cubic yards),
therefore may not be paid the full amount shown on the bid form.
Mobilization of equipment for placement of flowable fill shall be
included in Bid Item 1.
Proposal Form
The undersigned hereby declares that he has visited the site
and has carefully examined the plans, specifications and contract
documents relating to the work covered by his bid or bids, that he
agrees to do the work, and that no representations made by the City are
in any sense a warranty but are mere estimates for the guidance of the
Contractor.
Upon notification of award of contract, we will within ten
(10) calendar days execute the formal contract and will deliver a
Performance Bond (as required) for the faithful performance of this
contract and a Payment Bond (as required) to insure payment for all
labor and materials. The bid bend attached to this proposal, in the
amount of 5% of the highest amount bid, is to become the property of
the City of Corpus Christi in the event the contract and bonds are not
executed within the time above set forth as liquidated damages for the
delay and additional work caused thereby.
Minority/Minority Business Enterprise Participation: The
apparent iow bidder shall, within five days of receipt of bids, submit
to the City Engineer, in writing, the names and addresses of MBE firms
participating in the contract and a description of the work to be
performed and its dollar value for bid evaluation purpose.
N,,m~er of Signed Sets of Documents: The contract and all
bonds will be prepared in not less than four counterpart (original
signed) sets.
Time of Co~letion: The undersigned agrees to complete the
work within l~calendar days from the date designated by a Work Order.
Th~ndersigned further declares that he will provide all
necessary tools and apparatus, do all the work and furnish all
materials and do everything required to carry out the above mentioned
work covered by this proposal, in strict accordance with the contract
documents and the requirements pertaining thereto, for the sum or sums
above set forth.
Receipt of the following addenda is acknowledged (addenda
number):
(SEAL - IF BIDDER IS
a Corporation)
Respectfully submitted:
Do not detach bid from other papers.
Fill in with ink and subm/t complete
(Revised August 2000)
STATE OF TEXAS
COUNTY OF NusCES
PERFORMANCE BOND
Bond #4346637
KNOW ALL BY THESE PRESENTS:
THAT DMB Construction, L.L.C. of NUECES County, Texas,
hereinafter called "Principal", and SureTe¢ Insurance Co~%Dany , a
corporation organized under the laws of the State of Texas ,
and duly authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas, hereinafter
called "City", in the penal sum of THREE HL~NDI~F~D FIFTY-ONE THOUSAI~D,
EIGHTY-SEVEN AND 80/100 ($351,087.80) DOLLARS, lawful money of the United
States, to be paid in Nueces County, Texas, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH of FEBRUARY , 20 05 , a copy of which is hereto
attached and made a part hereof, for the construction of:
MAJOR OUTFAI=L REPAIRS PHA~E i (PART A)
PROJECT NO.2206
(TOTAL BASE BID: $351,087.80)
NOW, THEREFORE, if the principal shall faithfully perform said work
in accordance with the plans, specifications and contract documents,
including any changes, extensions, or guaranties, and if the principal
shall repair and/or replace all defects due to faulty materials and/or
workmanship that appear within a period of one (1) year from the date of
completion and acceptance of improvements by the City, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED ~'u~TNER, that if any legal action be filed on this bond,
venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the contract, or to the work to be performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of the
State of Texas.
The undersigned agent is hereby designated by the Surety herein as
the Agent Resident in Nueces County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising
out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas
Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4
one of which shall be deemed an original, this the 8th
February , 20 05
__ copies, each
day of
PRINCIPAL
DMB Construction, L.L.C.
(Print Name & Tztle)
(Prznt Name)
SURETY
SureTec Insurance Company
Attorney-in-fact
Roxanne G. Hebert
(Print Name)
The Resident Agent of the Surety in Nueces County,
notice and sez-~ice of process Ks:
Contact Person:
Address:
Phone ~er:
Texas, for delivery of
Elsey & Associates Surety/Insurance AKency, Inc.
Jacquelyn Kln~sbury
15102 Leeward, #604
Corpus Christi, Texas 78418
281-651-0002
(NOTE: Date of Performance Bond must not be prior ko date of contract)
(Revised 9/02)
Performance Bond
Page 2 of 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF NUECES
Bond #4346637
KNOW ALL BY THESE PRESENTS:
T~AT DMB Construction, L.L.C. of NUECES County, Texas,
hereinafter called "Principal", and SureTec Insurance Company , a
corporation organized under the laws of the State of Texas ,
and duly authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas, hereinafter
called "City", and unto all persons, firms and corporations supplying
labor and materials in prosecution of the work referred to in the
attached contract, in the penal sum of THREE HZrNDP, ED FIFTY-ONE THOUSAND,
EIGHTY-SEVEN AND 80/100 ($351,087.80} DOLLARS, lawful money of the United
States, to be paid in Nueces County, Texas, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH day FEBRUARY , 20 05 , a copy of which is hereto
attached and made a part hereof, for the construction of:
MAJOR OUTF~T.T. P, EPAIRS PHASE 1 (PART A)
PRO~ECT N0.2206
(TOTAL BASE BID: $351,087.80)
NOW, THEREFORE, if the principal shall faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors,
corporations and claimants supplying labor and material in the
prosecution of the work provided for in said contract and any and all
duly authorized modification of said contract that may hereinafter be
made, notice of which modification to the surety is hereby expressly
waived, then this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED FURTW~.R, that if any legal action be filed upon this bond,
venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bend, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the contract, or to the work to be performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of the
State of Texas. The terms "Claimant", "Labor" and "Material", as used
herein are in accordance with and as defined in said Article.
The undersigned agent is hereby designated by the Surety herein as
the Agent Resident in Nueces County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising
out of such suretyship, as provided by Art. 7.19-1, Vernon~s Texas
Insurance Code.
IN WITNESS WBEREOF, this instrument is executed in
one of which shall be deemed an original, this the
February , 20 05
4 copies, each
8th day of
PRINCIPA~
DMB Construction, L.L.C.
By: ~-~.~ ~
(Prmnt Name & Tztle
Secretarv
(Print Name)
SUP. ETY
SureTec Insurance Company
~ttorney in-fact
Roxanne G. Hebert
(Print Name)
The Resident Agent of the Surety in Nueces County. Texas, for c~livery of
motice a~d sex.ice of process ks:
Agency:
Contact Person:
Elsey & Associates Surety/Insurance Agency,
Jacquelyn Kingsbury
15102 Leeward, #604
Corpus Christi, Texas 78418
281-651-0002
(NOTE: Date of Payment Bond must not be prior to date of contract)
(Revised 9/02)
Payment Bond
Page 2 of 2
CITY OF CORPUS (~P_I~TI
DRPART~RNT OF ~K~II~u~ING
P.O. BOX 9277
CORPUS CHRISTI, ','aAA~ 78469-9277
Certification of Power of Attorney for Performance a~d Payment Bon~a
Contract Name ~
Surety C~an¥: SureTe~ Insurance Company
Z, JohnKnox, Jr. (na~e o£ o~flaa~ of surety),
hereby certify that the facai~/le power of attorney eub~tted by
Bruce C. DeHart, David R. Orop~ll, Ro~lyn~. H~sell, ~w~d L, M~re, *** (A~-~-~a~}
f~ v~o~ (~n~tor) ,
a o~ o~ ~ il at~ to ~s ce~l~ioate, is a t~e ~d ~ect ~y
of ~e orig~n~l ~r of at~o~ey ~ file in the recor~ of ~e ~eCy
c~ 'in ice h~ o~ice, ~s not ~ a~nd~ or ~ri~ed, ia still ~
f~l ~orce ~d effect, ~d said desi~sted agent is =~=ly ~ 9~
eC~ding wi~ the ~rety. In ~e ~= of c~cellaCi~ of ~ls ~r o~
a~o~, the City of Co~a ~ie~i shall be notifi~ in ~it~g by
cer=ift~ ~il within seven (7) ~ thereof at =he ~ollow~g ad--es,
City of Corpus ~isti
DeparC~t of r,'ngtnaering Services
At~, Contract A~tnistrator
P.O.' ~OE 91~7
Corpus. ~hwtsti, Texas 78469-9277
27th September
Signed this -- day of
Sworn and subscribed to before ~e on this
, 20c~
27th
*** Lorl Ellis, Rolanue C. Hebert, Gary L. T/m~ons
( HeViled 7/00)
ATTA~ 1
10FI
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732~}099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Depadment oi: Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax-~: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for
surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance
Company, U S. Specialty Insurance Company, and any other company that is added to SureTec Insurance
Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage tor ~acts of terrorism" as defined in Section 102(1) o[the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety percent (90%) oi: any covered losses from
terrorist acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the
terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules oi: law. This Important Notice Regarding Terrorism
Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part
or condition of the attached document.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or
appearance.
Triple Rider.doc rev 11_03 1
PAYMENT BOND
STATE OF TEX~S
COUNTY OF N~ECES §
KNOW A?.?. BY THESE PRESENTS:
THAT DMB Construction, L.L.C. of NUECES County, Texas,
hereinafter called "Principal", and , a
corporation organized under the laws of the State of ,
and duly authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas, hereinafter
called "City", and unto all persons, firms and corporations supplying
labor and materials in prosecution of the work referred to in the
attached contract, in the penal sum of THREE HUNDRED FIFTY-ONE THOUS~/~D.
EIGHTY-SE1~EN;~ND 80/100 ($351,087.80) DOLLARS, lawful money of the United
States, to be paid in Nueces County, Texas, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH day FEBRUARY , 20 05 , a copy of which is hereto
attached and made a part hereof, for the construction of:
Mi~JOR OUTF~?.?. REPAIRS PH~E i (PART A)
PROJECT NO.2206
(TOTAL BASE BID: $351,087.80)
NOW, T~.REFORE, if the principal shall faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors,
corporations and claimants supplying labor and material in the
prosecution of the work provided for in said contract and any and all
duly authorized modification of said contract that may hereinafter be
made, notice of which modification to the surety is hereby expressly
waived, then this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED FURT~n~.R, that if any legal action be filed upon this bond,
venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the contract, or to the work to be performed thereunder.
Payment Bond
Page 1 of 2
This bond is giYen to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of the
State of Texas. The terms "Claimant", "Labor" and "Material", as used
herein are in accordance with and as defined in said Article.
The undersigned agent is hereby designated by the Surety herein as
the Agent Resident in Nueces County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising
out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas
Insurance Code.
IN WTTN-~SS W~KR~OF, this instrument is executed in 4 copies, each
one of which shall be deemed an original, this the day of
, 20__
PRINCIPAL
By:
(Print Name & Tztle)
ATTEST
Secretary
(Print Name)
SURETY
By:
Attorney in-fact
(Print Name)
Th~ ResiSt Ag~t of the S~re~ in N~ecea County. T~a~, for d~livez-y of
~otice ~ sez-~/ce of process
Agency:
Contact Person:
Phone A%-.~er :
(NOTE: Date of Pasrment Bond must not be prior to date of contract)
(Revised 9/02)
Payment Bond
Page 2 of 2
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE
PRESENTS:
THAT DMB Construction, L.L.C. of NI/ECES County, Texas,
hereinafter called "Principal", and , a
corporation organized under the laws of the State of ,
and duly authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto the City of Corpus
Christi, a municipal corporation of Nueces County, Texas, hereinafter
called "City", in the penal sum of T~REE H73NDRED FIFTY-ONE T~OUSAND,
EIGHTY-SEVEN AND 80/100 ($351,087.80) DOLLARS, lawful money of the United
States, to be paid in Nueces County, Texas, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents:
T~E CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 8TH of FEBRUARY , 20 05 , a copy of which is hereto
attached and made a part hereof, for the construction of:
M]%JOR OUTFALL REPAIRS PHASE i (PART A)
PROJECT N0.2206
(TOTAL BASE BID: $351,087.80)
NOW, THEREFORE, if the principal shall faithfully perform said work
in accordance with the plans, specifications and contract documents,
including any changes, extensions, or guaranties, and if the principal
shall repair and/or replace all defects due to faulty materials and/or
workmanship that appear within a period of one (1) year from the date of
completion and acceptance of improvements by the City, then this
obligation shall be void; otherwise to remain in full force and effect.
PROV-~DED FURTHER, that if any legal action be filed on this bond,
venue shall lie in Nueces County, Te×as.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the contract, or to the work to be performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of the
State of Texas.
The undersigned agent is hereby designated by the Surety herein as
the Agent Resident in Nueces County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising
out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas
Insurance Code.
IN WITNESS W~-REOF, this instrument is executed in
one of which shall be deemed an original, this the
, 20
4 copies, each
day of
PRINCIPAL
By:
(Print Name & Title)
ATTEST
Secretary
(Print Name)
SURETY
By:
Attorney-in-fact
(Print Name)
Th~Resi~tAgemt oft he SnretyinNueces Conntv.
notice amd sez~ice of process is:
Agency:
Contact Person:
for~eliFer~of
Phone ~er:
NOTE: Date of Performance Bond must not be prior to date of contract)
Revised 9/02)
Performance Bond
Page 2 of 2
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms sasldng to do business
with the City to provide fl~e following Information. Every question must be answered. If Ihs question Is not
applicable, answer with "HA". ~,
STREET:
FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association ~
5. Other Lt L.([,
DISCLOSURE QUESTIONS
If additional space Is necessary, please use the reverse side o! this page or attach separate sheet,
1. Slate the names of each "employee' ol= b~e City of Coqous Christi having an 'ownership inlerest' constituting 3%
~- more of [he ownership in the above named 'firm'.
Name Job Title and City Department (if known)
State the names ct each 'official" of the City of Corpus Chdsti having an 'ownership interest" constituting 3% or
more of I~e ownership In the above named "firm".
Name/~ o_ TItis
State Ihe names of each 'board member= of the City of Corpus Christi having an 'ownership interest- constituting
3% or more of the ownership in [he above named "l~rm'.
Narse Board, Corsrslsslon or Commlttas
Stale the names of each employee or officer of a "consultant' for [he City of Corpus Chdsfi who worked on any
matter related to Ihs subject ct 1Ns contrecl and has an 'ownership interest' constituting 3% or more of the
ownership in the above named 'firm'.
Name Consultant
CERTIFICATE
I certify that all Information provided Is true and correct as of the date of this statement, that I have not
knowingly wtthheld disclosure of any InformaUon requested; and that supplersental statements will be
promptly submitted to the City of Corpus ChrlsU, Texas es changes occur.
CertJfylngPeraon: Do/~ll.~c. /./~. 8('i~c(-/,X"/ Title: ~.~e-- ~
(Type ~
Signature of Certifying Person:
DEFINITIONS
"Board Member". A member o1' any board, commission or committee appointed by the City
Council of the City of Corpus Chrisg, Texas.
"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.
"Firm". Any enUty operated for economic gain, whether professional, Indus~al or
commercial and whether established to produce or deal with a product or sen/Ice, Including
but not limited to, entitles operated In the form of sole proprietorship, as self-employed
person, partnership, corpomUon, Joint stock company, Joint venture, rscelvsrahlp or trust and
entitles which, for purposes ol'taxagon, are treated as non-profit organizations.
"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.
"Ownership Interest". Legal or equitable Interest, whether actually or constructively held In a
firm, Including when such Inter~t Is held through an agent, trust, estate or holding entity.
"Const3'ucUvely held' refers to holding or control astebltshed through yoUng trusts, pro)dee or
special terms of venture or partnership agreements.
"Consultant". Any person or firm, such as engineers and architects, hired by the City of
Corpus ChrisU for the purpose ol' professional consultation and recommendation.
Pa~e 8 of 8
'~'-OR_~. CERTIFICATE OF LIABILITY INSU~ANcE
8uz~LT/Ineu.t'~nc~ Agancy~ ThC.
8p~SJtg TX ??388
Ph~: 281-E51-0002 k~Lx: 291-350-0281
TX 7~467
IN~.UREI~ AFFORDING COVERAGE NAIC #
CPB900008000
¥
co~a~ ~ L~T ¥/~ 1055025
DCT000004024 12/05/04 12/05/05 ~" "~*'~
DSS~421155~ v/~ ~2/05/04 12/05/05 BOeLY~A,m'
~i,,cH oc~b'~geee $ 5000000
CSPT-UI'4-OO 361 12/05/04 12/05/05 ,,x)e~eoA're ___.s 5~00000
IT~ I lU~- _
C Cont:ictors Ec~uip DCT000004023 12/05/04 12/05/05 9er 'rt~ $100,000
Lea~ed/~ed Ded. $1,000
~: h~or Ou~.~all J~LL~o-I~mOe X (Pa=~ A)- ~ect B0.2206. cl~ o~
AMENDED
CZCOCR1
City of Co~-pgl Ch.r:LmI:~.
Dept. o~ R~gin~4~
P.O. ~oz 9277
ACOrn) U (20el;08)
Feb. 25, 2005 3.'30PM No, 4260 P, 1/2
ACORD. CERTIFICATE OF LIABILITY INSURANCE
Employee Risk Management Company, Inc.
4639 Corona, Suite ~100
Corpus Christi TX 78411
COVERAGES
IN~URER8 AFFORDING COVERAGE
22945
TSF0001144091 1/23/2005 1/23/2006
USLH ~ndorsem~nt TSF0001144091 1/23/2005 1/23/2006
CE~ { tFICAI~ HOCDER
City of Corpus Christi
Attn: Sylvia Arriaga
PO Box 9277
Corpu~ Christi TX 78649
ACORD 25 (20011ne)
OACORD CORPORATtON 1g~8
Policy Number CPS800008000
ALF..A NORTH AMERJCA ~PECIAI. TY ~NSURANCE COMPANY
55 CAPITAL BOULEVARD
ROCKY H;LL, CT
GENERAL LIABILITY ~'
OECI.ARATIONS
Policy Period From 12J05/04 To 12105/05
Tr~rma~Jon
~ In~umd and Address
DMB Constzucflon
PO 1~4x 1'1118
Corpu. Christi, TX 78405
Buslnem. Dm~cril~lon Audit Period
Plp~ ~nd ethel f~bHcM.ion, cone ~ork, mr and aew®r Une Con~lctlng Annual
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO AJ_L THE TERMS OF THIS PO{ICY, WE
AGREE WTTH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
UMffS OF INSURANCE
General Aggregate Limit (Other then Pr"oducts-Cornple{ed OperaUons)
Products - Comple~ecl Operallon. Aggreg~[e Limit
~ Occurrence Limit
Personal and Advertising Ir~jury L~m~t
Meclic~ Experrse Limit. any one pert, on
Fire Damage Limit, any one fir,.
2,000,000
,O00,0OO
5,000
50.0OO
AMENDED LIMITS OF LIABILITY
Refe~ to attached schedule, If any.
LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Refe~ to attached sc. hedule.
CLASSIFICATIONS
Re{~ to ~t~ched tchedule.
TOTA~ ANNUAl. MINIMUM AND DEPOSIT PREMIUM
MINIMUM EARNED PREMIUM
and ~ Apfllk=~bl~ la ~ Policy
SF_~-~ PRE~..,~..: , 'S.U~AR¥
~HEE-I A'[ TACHED
$
S
These D~clmrations tog~her with the common I~llcy conditions, -,',var'age part declir'aflone,
Covlclge f~r~(~.) and (~rm(~) end ~ndememmrd~, if ~ny, issued, ¢omplwta ~ ~v$ ntsnl~rm/policy.
/ Adth~rl. zed $ignmtur~
SCHEDULE OF FORMS & ENDORSEMENTS
GENERAL LIABILITY - OCCURRENCE FORM
Issued To: DMB CONSTRUCTION
Policy # CPSS00008000
GL880000 - GENERAL LIABILITY DECLARATIONS
GLDEC 0801 - SIGNATURE PAGE
GL880001 - COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CPS99000TX - SERVICE OF PROCESS (Texas)
1. GL880002 - CGL COVERAGE AMENDATORY FORM
2. GL880004- DEDUCTIBLE ENDORSEMENT
3. GL880018 - ADDITIONAL INSURED - AUTOMATIC
· . GL880031 - PER PROJECT AGGREGATE
5. GL880032 - SILENT ON PUNITIVE
Pag~ 4 of 1
Policy ~CP~800008000 Insured: DHB Co~tr!-~tion
Ef facti~ 1215/04-05
THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE RF. AD IT CAREFULLY.
/~/ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endomemenl mo~irms iflsu~nce provided ~nder ~ following:
COMMERCIAL GENERAL UABILITY COVERAGE PART
A. Sect~ II - Who Is An InsU~d · smem:led to Inctude as an Insured any per~o~ or o~.~rttzaUofl ~or ~m
~ ~flon I; an a~l~ I~ ~ly ~ ~ ~ Ilab~ ~ o~ of ~ur ~golng opem~s
~ for ~a[ ~s~. A ~'s ~ ~6on's ~ as an ~ ~ ~ls e~l e~s
With r~oect t~ th~ thsurance afforded t~ these
apply.
2. Exclumlorm
This insurance does not apply to:
a. '8o~J~y I~ury", "property '~age' or 'perusal ~ ~ i~u~' ad.rig ~[ ~ ~ mn~dng of,
m ~e f~m Io ~d~. any ~sslo~l a~tec~ml, e~ng ~ suwe~ng ~l~s, In~l~;
(1) ~ p~a~. ap~ng. = railing ~ ~pam ~ apse, ~pa, shop d~ngs. ~inl~s,
~, su~e~, fl~d ~, ~a~ ~ ~ dr~ngs a~ ~s: and
b. 'Socli~¥ talus' a~ 'pmpe~/~arnage' occumng aP, er.
All w~m, Inc~ucing mammals, parts ~ equ~rn~l fumished In ~ ~ su~ ~, on ~e
~ (o~r ~ ~. made,nm ar ~alm) ~ be ~ by ~ ~ beh~ of t~
~dlUo~l in~(s) al ~ s~ ~ ~ ~vemd o~efl~ has be~ ~1~; or
(2) Thai/x~ion of 'your work' om ~ which ~he injury ~ damage aHse~ has be~n pul lo Its intended
u~e by any ~ or o~genlza~on o'~er than anol~er co~rac~r or subconlr~ctor engaged in
pedon'na'~ operallons for m prlnc~al as a part of the same project
GL880018
twsued dat~:
North America ,.qpJmlly Insurance Company
Page 1 of 1
Endor,,~eme~t # 3
ADDmoNN. IN6URED
I BUBINE~B AUTO GOI/~RA~; FORM
TRIJCKER~ COVERAGE
T~ ~gglB
( Enmr Nm~ md A~m ~Addl~m~ Inroad )
FORM '11; # 0lB · ~U~II10NN. INSURe)
TE 9g01B
~/"~ADDITIONAL INSURED
'l'hle endo. reement rnodJ~s insurance provided under t~ Io41ovdng:
BUglNESS AUTO COVERAGE FORM
GARAGE COVERAOE FORM
TRUCKERS COVERAGE FORM
This endorsement changes the i:~llcy ella:five on the inception dale of the policy unless another date is indtceled below:
Endorsement Efi'm::tJve Po~-y Number
1215/04 J'
Named Insured ~/
DMS CONSTRUCTION Co.untelllgned by
( Authorized Relxesentallve )
The provisions and excJuelons Ihat ala:~y lo LIABrLITY COVERAGE alr, o apply to this endo~ee~ent.
BLANKET AS REQUIRED BY WRFITEN CONTRACT
( Enter Name and Address ct AddlUonal In~ured )
is al~ Ineumd. bul only with reepect to legal respon,Jb#tty for acta or omlssio~a of · person for whom Uablllty Co~'erage is afforded
The eddllfl:mal In~ured is not required to pay for any premiu,~s stated in th~ po(Icy or earned from the policy, Any tatum premium
and any dk~end, if applicable, decdated by u~ shall be I:mid to you.
You ere euthoctzed to act for the additional ineurod I~ all melters pertaining to ti'ds Insurarlce~
We win mall the edclltienel I~urecl nol~ce el' any cancel/alton of t~i.~ ixdlcy, if Ihe cenceL~aUon Is by ua, we wtll give ten days no~r.~ to
the additional Irmurecl.
The eddlflorml Ineured will retain any ~ of recovery ,as a claimenl under Ihis policy.
FORM TE g9 01 B. ADDITIONAL INSURED
Texae Sb~ndard Automobile Endoreement
Pm~crfbed Mm'oh 18, 1982
THIS ENDORSEMENT CHANGES THE POLICY. PI. EASE READ IT CAREFULLY
POLICY CHANGES
POLICY NUMBER POLICY CHANGES
CJ~SeO0008OO0 ~J'r~- I~VE
V/ 12/D5/04
NAME]:) INSURED
DI~ CONS'TR~.JCTION
PMcy Charge
Numbe~ 1
COMPANY
ALEA NORTH AMERICA SPECIALTY
INSURANCE COMPANY
' ~ R.I~REgENTA'I'IV~
in etas/debt,on of a~ addl~l(wal 1tat incl ftdly earned Ixemlum Df $1OO.O0. It ia ~=k~,J and (,~ ~ ~
M~ J 1.
G1.680006 Nea Norlh America Speelalty Insurance C~mpany Page 1 of 1
J~ugd ~ 3/11/05 F. ndorsemeflt # $
TE 0~ 02A
v~ CANCELLATION PRO¥18JON OR COV~GE CHANGE ENDORSEMENT
Tim ~e~ m~llffe~ Irm~'&-,~ pm~d~d under l~e
~/ BU-qlNF.~S AUTO ~;OV~RAG~
~ COV~RA~ PORM
,/
CITY OF CORP~I~ CHRJSTI, Dl:P i. OF ENGII'¢EERJNG SERVICES
ATT~ CONTRACT
CORPUS ~l-IR,i,,~rl, 'IX 7B489-~,'r
~ Mm:d1 lB, 1~12
MAR-I?-~OO5(THU)
10~5~
CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
The endorsemenL modifies Insurance/rovided under the
TRUCKERS COVERAGE FORM
~. UU3/UI I
TE 02 02A.
This endorsemenl changes the policy effective on the inception date o1' [he policy unless another date Is indicated below:
Endorsement Effective L/~
02/1712005
Named In~ur~l /
DMB CONSTRUCTION
policy Numbor
DCT000004024
Counteralgned hy
days befere this policy Is cancelled or matertally changed to reduce or res[Tict coverage
we will mail notice of the cancellation or change
CITY OF CORPL.~ CHRISTI, DEPT. OF ENGINEERING SERVICES
AI'I'N: CONTRACT ADMINISTRATOR
PO BOX 9277
CORPUS CHRISTi, TX 78469-9277
( Enter Name and Address )
FORM TE 02 02A · CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT
Texas SI~'KIIn:I ALitomolflle Endor&en~n!
Pmscdbecl MiJ-ell 18, 1002
OLD Ab~RZCAN COUNTY MUTUAL ]rl=R~ lbfS. CO.
POLICY
CLARItNDON AMERICA INSU~,NCr COMPANY
I~LICY C~ANGg
Insured: Db4B CONSTRUCTION
Pfoduoe~. 420559 ELSEY & A,~SO(:IATES SURETY
l~ffecflve date of ~hls mdoe~ment Is: 02/17/200~
Type of
in co~B~te~io~ of premium
It Is alreed Thu as oft~e effecth~ date half Ih~ polly b be~ay amended in
Da~,,d nc $OUTI4LAKE, TX Tbis 3rd Dny ofMsrcb, 2005
)~4E. B2 BY
~-~ Authorized l~'pr~nmivo
03/0@/2005 10:42 3G1-BBd-1OBB
· o3/o6/20o5 o9:4B FAX 3B165422B5
D~B CO~TRUCTION
PARK,JENHIHGS $ NOVOSAD
PAGE 02
oo~/oo4
WC4208 0t
'Thli wxlo~ent ~h~l i~M ~e~Bl~ (~#Kly or I~ to benef~ m~Q~ n~t nlra~d Iff U~ 8.Mdulo. G~h..,llllI
PILE C~PY Al)BERRY
Feb, 25, 2005 3: 1P
"- N0.4260' 'P, 2/2
TEXAS WORKER8' COMPENSATION AND
EMPLOYER8 IJABIUTY POLICY
LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT COVERAGE ENDORSEMENT
TM-LHVV-2001
IMPORTANT NO'RCEI
THE INSURANCE PROVIDED BY THIS ENDORSEMENT lB UMITED.
This coverage appiles only to persons under your contract of hire, whether express or imp~l, oral or written, and includes
employees employed In the usual course and scope of your business who am dlmoted by you [empomdly to perform
services ouLsJde the usual course and scope of your business. An employee who is injured while working in another
judsdJciton or tbe employee's legal beneficiary is entitled to all dghts and remedies If Ihe inJuPj would be cempensabie if it
had occurred In this state and the employee has slgnlflcaot contacts wffh this state or [he employment is p~nopally located
in this state. An employee has slgniflcan~ cenlacls wifh this state If the employee was hired or recruited In this stale and the
employee was injured not later than one year after the date of hire or has worked in this state for al least len working days
preceding the date of Injury.
This endorsement applies only {o work subject [o the Longshore and Harbor Workem' Compensation Act in a stale shown
In 1he Schedule.
General Section C. Workem' Corepensafien Law is replaced by the I'allowlng:
C. Wo~ers' Cofr~ensation Law
Workers' Compensation law means the workem or warkmen's compensation law aM occupational disease law
of each state or ter~ory named in item 3A. of the In[on'nation Page and the Longshore and Harbor Workers'
Compensallon Act (33 USC Sections 901-950). It Includes any amendmenL~ Io those laws that are In elfect
during the policy pelted. It does not include any other federal workem or workmee's compensation law, other
federaJ occupa0onal disease law or the ~-ovlslons of any law that pn3vlde nonoccupalionaJ dLsabllity beneilts.
Par[ Two (Employers Liability Insurance), C. Exclusions., exclusion 8, does nol apply to work subject to the Longshore and
Harbo~ Workers' Compensation Act
This endorsement does not apply lo work subject to lhe Defense Base Act the Outer Continental Shelf Lands Act, or the
Nonappropdated Fund Instrumentalities Act.
Schedule
Sla~te
TEXAS
Longshore and Harbor Workers'
Gompertsation Act Coveracle Percentage
62~
The rates for ChL~JI~cI~Jor15 wfl. h code numbers not foOowed by the lel~er "~' are rates for work not ordinarily subject Lo the
Longshore and Harbor Workers' Compensation Act. If this policy covers work under such classifications, and if the work is
subject to the Longshore and Harbor Workers' Compensation Aot, those onmF classification rates will be Increased by the
Longshore and Hartx)r Workers' Compensation Act Coverage Percentage show~ in the Schedule.
Policy No
Issued to
Premium $
INSURED'S COPY ADEIERRY 2-02-2006