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Home My WebLink AboutC2005-130 - 2/22/2005 - Approved SPECIAL FORMS OF PROVISIONS SPECIFICATIONS AND CONTRACTS AND FOR Isensee Construction BONDS 2005-130 02/22/05 M2005-057 CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 Prepared by: I-DR HDR Engineering, Inc. 5151 Flynn Parkway, Suite 314 Corpus Christi, Texas 78411 Phone: 361/857-2216 Fax: 361/857-0509 FOR CITY OF CORPUS CHRIST1, TEXAS PROJECT NO: 2093 DRAWING NO: STO517 09079-~8534-21f STORMWATER DEPARTMENT Phone: 361/826-1881 Fax: 361/826-1889 NOVEMBER 2004 C_ity of Corpus =-- Christi I ADDENDUM NO. 1 FEBRUARY 4, 2005 TO: PROJECT: ALL PROSPECTIVE BIDDERS CONCRETE LINED CHANNEL REHABILITATION - AIRPORT DITCH Phase 1 PROJECT NO. 2093 Prospective bidders are hereby notified et the following modifications to the contract documents. These modifications shall become a part of the contract documents. All previsions not specifically a~fected by this addendum shall remain unchanged. 'r. SECTION A--SPECIAL PROVISIONS A-6 A. A-1 Time and Place of Receiving Proposals / Prebld Meeting ADD: An attendance list from the Prebld Conference held on February 2, 2005 and a current plan holders list ere attached {see Attachment No. 1). B. A-6 Time of Completion / Liquidated Damages DELETE: The current paragral3h, in its entirety. ADD: The following paragraph, In lieu thereof: The working time for completion of the project [~ill shall be S~ (60) c~ej~d~ daT~ ~or ~he base bad m,~ SEVENTY (70) calen~r d~y~ for ~he b~ae bid plus =he add~t~v~ &lter~=e. The Contractor shall commence work within ten (10) calendar days after receipt of writ[en notice from the Director of Engineering Services or designee ("City Engineer") to proceed. Should either the Base Bid or the Alternate Bid be selected, the time of completion for the Project shall remain the same. 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 o~her provisions of this contract, $100,00 Der cale~da~ ~y 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. Engineering Services P.O. Box 9277 · Corpus C~dafl, Texas 7a489-92T'/· (512) 880-3580 ADDENDUM NO. 1 Page I of 2 ~. PROPOSAUDISCLOSURESTATEMENT: PROPOSAL FORM: DELETE: The current Proposal Form in its entirety. ADD: The revised Prol3osal Form (See Attachment No./J,) in lieu thereof. END OF ADDENDUM NO. 1 Carl E~ Crull, P.E. Vice President HDR Engineering, Inc ATTACHMENTS: HO. 1, ATTENDENCE LIST FROM PREBID CONFERENCE NO, 2, REVISED PROPOSAL FORM Engineering Se~vlcea P.O. Box 9277 · Corpus Christi, Texas 78469-9277 · (512) 880-3600 ADDENDUM NO.1 Page 2 of 2 PRE-BID CONFERENCE SIGN-IN SHEET Project No. 2093 Concrete Lined Channel Rehabilitation Airport Ditch Phase WSd~lae,=dav - ~'ebruarv 2, 2005 - i0:00 a.m. Name Organization 2 3 4 6 ? 8 9 En=i~eeri~= Cot~f, Rm. Phone No. / F~x No, / 7 10 11 12 13 14 15 16 17 Addendum No. 1 At~¢hm~nt No, 1 Page 1 (61 PROPOSAL FOR FORM CONCRETE LINED CHANNEL REHABH,ITATION AIRPORT DITCH Phase 1 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS REVISED PROPOSAL FORM PAGE 1 OF 7 Addendum No. 1 /'~ Attachment No.'[, Page I of 7 PROPOSAL Place: Date: Proposal of State of OR a Corporation organized and existing under the laws of the 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: CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: REVISED PROPOSAL FORM PAGE 2 OF 7 Addendum No. 1 //~ Attachment No,J, Page 2 of 7 CITY OF CORPUS CHRISTI CONCRE~ LINED C~ANNEL P,~AB~LITATIQ~ AIRPORT DITCH, PKASE i PROPOSAL BASE BID I II BID QTY & ITEM UNIT A1 1 LS III DESCRIPTION Mobilization, Demobilization, and Bonds, complete in place per Lump ~Um IV U~IT PRICE IN FIGURES V BID ITEM EXTENSION (QTY X UNIT PRICE I~ FIGD-RES) $ A2 1465 SY Concrete Channel Liner Removal complete in place per Scn/are Y~rd $ $ A3 1505 CY 1640 CY A5 645 SF Excavation, complete in place per Cubic Yard Embankment, complete in place per C~bic Yard Steel Sheet Piling, complete in place per S~uare Foot $ $ $ $ $ A6 1465 SY Concrete Channel Liner, thickness , complete in place per Square Yard $ $ A7 40 CY Riprap, complete in place per Cubic YArd $ $ A9 Erosion Control (Temporary), complete in place per Each Erosion Control Sodding, complete in place per S~ruare $ TOTAL BASE SID (Items A1 through A9): $.. REVISED PROPOSAL FORM PA~E 3 OF 7 Addendum No. 1 A Attachment No.'J, Page 3 of 7 CITY OF COP. PUS CHRISTI EONCRETE LINED CHANNEL REP~.BILITATION AIRPORT DITCH, PHA~E 1 PROPOSAL ADDITIV~ ALTERNATE I BID ITEM I II QTY & b-NIT 580 SY III IV UNIT PRICE DESCRIPTION IN FIGURES Concrete Channel Liner Removal complete in place per Scruare ¥~rd $ V BID ITEM EKTENSION (QT¥ X UNIT PRICE IN FIGURES) B2 580 Concrete Channel Liner, SY thicknes~ , complete in place per Square Yard $ $ TOTAL ADDITIVE ALTERNATE (Items B] and ~2) : TOTAL BID = TOTAL BASE BID (Items A1 through Ag) PLUS TOTAL ADDITIVE ALTERNATE (Items Bi and B2) : $ REVISED PROPOSAL FORM PAGE 4 OF 7 Addendum No. 1 A Attachment No.~. Page 4 of 7 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 Pa~nent Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the 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 low bidder shall, within two days (five days for Contractors outside Nueces County) 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,,mher of Sig~ed Sets of Documents: The contract and all bonds will be prepared in not less than fouI counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 60 calendar days for base bid and 70 calendar days for base bid and mdditive alternate from the date designated by a Work Order_ The undersigned 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): Respectfully submitted~ Name: By: (SIgNATureS) (SEAL If Bidder is Address: a Corporation) ~P.O. Box) (Street) lClty) (State) (Zip) Telephone: NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. PR(7/90) REVISED PROPOSAL FORM PAGE 5 OF 7 Addendum No. 1 Attachment Page 5 of 7 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Cily ol Corpus Chdsti Ordinance 17112, as amended, requires all persons or firms seeking Io do business with the City to provide the Iollowing thlormation, Every question musl be answered. Il Ihs question is not applicable, answer wflh "NA". FIRM NAME: STREET: CITY: ZIP: FIRM is: 1. Corporation F~ 2. Padnership [] 3. Sole Owner [] 4, Association [] 5. Other [] DISCLOSURE QUESTIONS I[ additional space is necessary, please use the reverse side of Ihis page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership in the above named 'firm". Name Job Title and City Department (il known) State the names of each "official" of the City of Corpus Christi having an 'ownership Interest' constituting 3% or more o! the ownership in the above named "firm". Name Title State the names of each "board member" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership in the above named 'firm'. Name Board, Commission or Committee State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership In the above named 'firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as ol the date of this statement, that I have not knowingly withheld disclosure of any information requested; and Iha[ supplemenlal slalements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Da[e: REVISED PROPOSAL FORM PAGE 6 OF 7 Addendum No. 1 A Attachment No.~. Page 6 of 7 DEFINITIONS "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, 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 entity operated for economic gain, whether professional, industrial or commercial and whether established lo produce or deal with a product or service, including but not limited to, entitles operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, tor purposes of taxation, are treated as non-profit organizations. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Depadment 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 inlerest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or padnership agreements. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Chdsti for the purpose of professional consultation and recommendation. REVISED PROPOSAL FORM ~A(]E 7 OF 7 Addendum No. 1 Attachment No.'J. Page 7 of 7 FORMS SPECIAL PROVISIONS SPECIFICATIONS AND OF CONTRACTS AND FOR BONDS CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 Prepared by: I-DR HDR Engineering, Inc. 5151 Flynn Parkway, Suite 314 Corpus Christi, Texas 78411 Phone: 361/857-2216 Fax: 361/857-0509 FOR CITY OF CORPUS CHRISTI, TEXAS PROJECT NO: 2093 DRAWING NO: STO517 09079-I$534-211 STORMWATER DEPARTMENT Phone: 361/826-1881 Fax: 361/826-1889 NOVEMBER 2004 -' ~ '.~' ~ ~..-' ~ '..~ CARL E. CRULL ~'"-,' .... ~ ...... .-:?Cd ~'-.:,,. (Revised 7/5/00) CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 T~le of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTi~ACTOES - A (Revised Sept. 2000) Insurance Requirement s NOTICE TO CONTi~ACTORS - B (Revised 7/5/00) Worker's Compensation Coverage For Building Government Entities or Construction Projects For SECTION · - SPECI~tL PROVISIONS A 1 A 2 A-3 A 5 A 6 A 7 A 8 A 9 A 10 A 11 A-12 A-13 A 14 A-15 A 16 A-17 A-18 A 19 A-20 A-21 A 22 A-23 A-24 A 25 A-26 A-27 A-28 A 29 A-30 A 31 A-32 A 33 A-34 A 35 A-36 A-37 A 38 A-39 A 40 A 41 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 Equipment Spillage and Tracking Excavation and Rcmovalu (NOT USED) Disposal/Salvage of Materials Field Office (NOT USED) Schedule and Sequence of Construction Construction Staking Testing and Certification Project Elgns (NOT USED) Minority/Minority Business Enterlurise Participation Policy (Revised 10/98) Inspection Required (Revised 7/5/00) (NOT USED) Surety Bonds Ealcs Tax E×cmption NO LON~U~ A~PLIC;tBLE (6/11/98) Supplemental Insurance Requirements Responsibility for D~mngc Claims (NOT USED) Considerations for Contract Award and Execution Contractor's Field Ad/ninistration Staff Amended "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 Water Facilities Epccial Rcquircmcnts (NOT USED) Other Submittals (Revised 9/18/00) A~ended "Arrangement and Charge for Water Furnished by the City' Worker's Compensafion Coverage for Building or Construction Projects for Government Entities Certificate of Occupancy and Final Acceptance (NOT USED) Amendment to Section B-8 6: Partial Estimates 0zone Advisory (NOT USED) Revision Page 1 of A-42 OS}iA Rules & Regulations A 43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A 45 As-Built Dimensions and Drawings (7/5/00) A 46 Oiepooal of Highly Chlorinated Water (7/8/00} (NOT USED) A 47 Pre Construction EKplorato~f E~[eavationo (7/5/00) (NOT USED) A 48 Overhead Electrical Wires (7/5/00) A 49 Amend ~Malntenance Guaranty" (8/24/00) A 50 Trench Safety A 51 Pavement RestoraLion and Project Clean-up A 52 Errors and Omissions A 53 Lack of Information A-54 Amended General Provisions B 2-7 Preparation of Proposal A 55 Measurement and Pa~rment of Subsidiary Items of Work Submittal Transmittal Form ATTACEI~ENT I - SAMPLE COMI~UTER GENERATED PROPOSAL S~]~ET SUPPL~M~Iq~AL SPECL~L PROVISIONS (NOT USED) SECTION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATES AND REQUIREMI~NTS SECTION S - STANIIARD SPECIFICATIONS 022060 Channel Excavation 022080 Embank/nent 022420 Silt Fence 028040 Sodding 030020 Portland Cement Concrete 032020 Reinforcing Steel SECTION T - TECR~IICAL SPECIFICATIONS 02361 Driven Steel Sheet Piling 02512 Shkbsurface Drainage System TXDOT Item 432 Riprap LIST OF DRAWINGS 1 Cover Sheet, Project Location and Sheet Index 2 Suumroa~y of Quantities, General Notes, Site 1 Layout, Site 2 Layout 3 Site 1 Layout 4 Site 2 Layout 5 Detail Sheet 6 Detail Sheet NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORI4ANCE BOND PAYliENT BOND Revision 8/03 Page 2 of 2 NOTICE TO BIDDERS Sealed proposals, addressed to the city of Corpus Christi, Texas for: CO~CNETE LIMED CHANNEL ~EHA~ZLI~TION - AXI~PORT DITCH, PHA~E i consisting of the removal and replacement of approximately 1,465 square yards of concrete channel liner at two locations, including all appurtenances and associated work in accordance with the plans, specifications, and contract documents; ~rill be received at the office of the city Secretary until 2:00 p.m. on ~y, F~Z~x~ 9,2005, and then publicly opened and read. Any bid received after closing time will be returned unopened_ A pre-bid meeting is scheduled for 10:~0 &.l, ~.~y, F~ 2, 2~5. The location of the meeting will be the Engineering Services Main Conference Room, Third floor, city Hall, 1201 Leopard Street, Corpus Christi, Texas. The pre-bid m~eting will be conducted by the City, and will include a discussion of the project scope. 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 forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the city within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty ~ no/lO0 Dollars ($50_0~) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a 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 doclanents 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," "work/nan," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregu~aritiea and to accept the bid which, in the City's opinion, see~ 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 Revised 7/5/00 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 Commercial General Liability including: 2. 3. 4. 5. 6. 7. 8. 9. Commercial Form Premises - Operations Explosion and Collapse Hazard Underground Hazard Producls/Completed Operations Hazard Contractual Insurance Broad Form Property Damage Independent Contractors Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIAB IL1TY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL 1M?AIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long- turn envirormaental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $2,000,000 COMBINED SINGLE LIMIT $1,000,1XI0 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH [I OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT __ REQUIRED X NOT REQUIRED X X See Section B 6-11 and Supplemental Insurance Requirements __ REQUIRED __ NOT REQUIRED Sec Section B-6-1 l and Supplemental Insurance Requirements __ REQUIRED NOT REQUIRED Page 1 of 2 The City of Corpus Christi must be named a.s an additional insured on all coverages except worker's compensation liability coverage. o The name of the project must be listed under "description of operations" on each certificate of insurance. For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance po[icy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages, which are specified in section B-6-1 I or Special Provisions section of the contract. A completed "Disclosure of Interest" must be subrmtmd with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-.t500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTR3%CTORS B WORKER' S CCMPE",~SATION COL~ERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GG~FE~2~MENT ENTITIES Texas law requires thaz most contractors, subccmtractors, and onhers providing work cr services for a City building cr construction prcjec5 must be covered by worker's compensation insurance, authorized self-insurance, or an apprcved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job sitei t~ provide 1 of the 3 forms 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 mainnenance guaranny period. Motor carriers which are required to regisuer with the Texas Deparnmenn of Transportation under Texas Civil Staiu~es Article 6675c, and which provide accidennai insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need ncu zrovide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees ED comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.1!0, a copy of which is attached and deemed incorporated into the project contract. Please note that under secticn 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing sel-vices on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the required notice at the job site. By skgning this Contract, the Contractor certifies that in will timely compi-:' with these Notice to Ccntractors "B" requirements. ~age 1 of 7 s/7 Title 2S. LNSLXC- NCE Part [E TE_XAS V,'OP,_KERS' COMPENSATION COMMISSION Chapter 110. KEQUI~ED NOTICES OF COYTtL&GE Subckapter 13. EMPLOY-ER NOTICES -5 I10_110 Reporting Rtouirements for Building or Construction Projetr~ for G-overumenral Entities (a) The foLiowing words and term-s, when used in th~ nile, shaJL[ hzve the fo/lowing m,--anings, unless the context ci -ea.rty indic, ares otherwise. Ten'ns not defizmd in this rule shall have the mere'u-uS defined in the Texas Labor Code, if so ciefined. (1) CertLfica:e of cove:age (ce.'-tLfic.zze i--A copy of a cemfic, zte cf izzur~.nce, a cem..,q~.te ef authority to seLr--immre issued by the c. cm-m~ssicn, cra workers' compenszdcn coverage a_m-eement (TWCC-8 I, TWCC-X2, 'D, VCC-$3, or T'WCC-84), showing rtarutory workers' compermafion insurance coverage for the person's or eodry's employees (including those subject m a coverage z_m-eemem) prov/ding services on a project, for the duration oft.he project. (2) Building or construc'2, on-H~ the mem,5_ng deft.ned in the Texa~ Labor Code, § 406.096(e)(1). (3) Conrra~or--A person bidding For or awarded a building or co~truction project by a governmenta.l (4) Coverage-Workers' comoensation inmrance meeting the statutory requirements of the Texa~ Labor Code, § 401.011(44) (5) Coverage zgeement-A wrirre.n a~eement on form TWCC-8 i, £orm TWCC-82, form T-WCC-83. or form TWCC-84, fi.lcd wirh the Texas Workers' Compea.safion Commission which e.vtabiishe.s a relationship between the parties for purposes oft. he Tex. a~ Workers' Compensation Act, pu_rmant to thc Texas .Lz=bor Code, Chapter 406, Subcbapters F and G, as one of employer/employee ~d establishes who wi//be re. zpoasible for providiJag workers' compensadorx coverage for persons providing services on tlne project_ (6) Duration of the project-~cludes the time from the b%msm/.ng of work on the project undi tl:e work on the project ha been completed m':d accepted by the govermmenta, l endW. (7) Persons zroviding se?Aces on r&e projea ("subcontramor" L". ~ 406.096 of the AcQ-V, qth the exception or' oersons excluded under sui~seCUoas (h) and (i) of th.is section, includes all personS or entiues performing ali or~-t of the serv/ces the contractor has undertaken to perform on the proje~ regardless of whether that person conu-a~e~ dkectly w/th the contractor and regardless of whether that person hzs employees. T15s inciudes but is not ih'n/ted to independent conwac~ors, sabcontracrors_ leo. sing compV-mes, motor carriers, owner-operators, employees of any such entity, or employees of ~qy entity, fu,mJsking persons to perform se.~ices on :he proje~. "£erv/ces" includes but is not [Lmired ,, i'~ ' 817/98 htte://-~-',~rw scs.state tx_.~s/tac.-$FFU1 ~0f13/] 10 110 htrrd va~ 2 o~ ~ vendors, ¢~.ce su~piy d¢~ve~,¢s ~_t~ ~diverv of?r-,~ble mde[s. (~) P::je~-Lxc!udes ~e ?rc',-ision of ali scmces re!z:e~ ~o a bui~dlng or construction conn-ac~ for a gore, ,~mc.n:~' eariW, (b) Prcvid~r.~ or causing to ke provided a cemfica:e of coverage Fro-sunni ~o this role is z represe.".~:Jcr_ by the insured :hat all employees cf~e Lasured who are providing services ca ~e projec:, '.--e covered by workers' comperaation coverage, that t~e coverage is based on proper reporting of ci~sification codes and payroll =noun:s, and that aL! coverage a~m-eements kayo been fled with the apgropriae inSUrance career or, in the case cfa serf-in_va-ed, with the commission's Division of Sek'-L~surz~c~" Reguiadol"~ Providing false or rnisiezding ce,'-~ca:es of coverage, or faliing to pro.de or rr. am~aln required coverage, or failing to report any ci-,z.nge that materially a.ffe~,~ the provision of coverage may r,~bjec't the ~ntramor or other person providing services on the project to admimsa-z:ive penalties, crimin~ penalties, civil peaakies, or other civil actions. (c) A gove,'T.~'x_.antai entity. C~_a: enmrs into a buildL':,g or con_m-uc-.~on contract on a projec (1) i~c~ude ~ me bid specLficadons, ag O.e provision: of paragr-zpk (7) of this subse~ioa using the language reeuked by para_m-apb (7) of Lkis subsec:,ioa: (2) as pm of t.ke conwac'~ using thc language requked by para_a,-aph (7) of this subsecddoa, require the contra~or to pe~orm a required in subsection (d) of this sec-don; (3) obtain from the contrac:,or a certLfic, a£e o£coverzge for each person providing services on the project, prior to that person begSnaing work on the project; (4) obtain from the contmaor a new certificate of c.~verage showing extension of coverage: (A) before the end of the c'c_rrent coverage period, Lr :b.e conwac:.or"s cun-enr cemficate cf coverage shows ti-at the c. overage pehod ends during the duration of the project; and (B) no inter C~,.an seven days after the expiation oft.he coverag_e for each other person providing services on the project whose current certificate shows that the coverage period ends dLuS.ng the dttmtion of the projeo:;, (5) re,am ce,'~ificates of coverage on file for the dm-orlon of the project and for three ye. ars there, a/lei; (6) provide a copy of the ce~J.ficate~ of coverage to the commission upon request and to .~,qy person enr. kled :o them by law; and (7) use ~he language contained ia the following Fi_at:re I for bid spect~carions and conr. rz~z, 'aSthout any additionz~ words or changes, except those required to accommoc~.te the specific document in which zhev az: contained or io impose stricter standards of documentation: T2~$ ! I 0. I 10(c)(7) http://'~o~w sos.~tzte.tx.us/tac-/ZS,ql/1 10/13/I I0 110.html ~a~ ~ o~ v g/7/gg i) A con[rzc~or sh~i: · i) provldc coverage for its empicye:s Fro¼dbg services on a proje~ t-z: ,'.'to duration of the project ~ed on proper reposing o£ classL%z':on codes ~d pzyroL! amounts azd --::zg of any coverage z_m-eements; provide a certificate of coverage showing workers' compensation coverage to the governmental --ndW prior to begi~ni'~g work: on £qe project; (3) provide the govemmer=al end.,-,', FHor to the end of the coverage period, z new ce. rtificaze of :overage showing ex~er~on o£ coverage, Lfthe coverage period shown on ~e contrac~oes current :er'rOtate o£c.~ver~ge ends during tko duration o£the project; (4) obtain fi-om each person providing services on a proje~,., ~md provide tc the governmeutal enow: (A) a certitic, a.te of cover"~-ge, prior to that per, on be~nning work: on the .r'rojec% so the goverm~ental :ntiW will have on file cert~ca.tes of coverage showing coverage for all pe.'~om providing services on :~ze project; ~md ~) no later ~l'k~n seven days at, er receipt by the contractor, a new cer0fl, cate o£coverage showing ex'tension o£ coverage, if'the coverage period shown on the current cert~c~.te of coverage end~ during the duration of'the projec'~; (5) retain all required certiicate~ of coverage on file for the alu.ration of the projec~ and for one year there~C~ er] (6) noti_C-y the governmental endty in writing by c. err.~ed mail or per~on~l de!ivery, within tea days al~er the corm'actor Imew or .thottld have ?mow'n, of:my ch:rage th~ materially a~eu-~ the provision at c~verage of'any per, on providing_ se.wic.~ on the project; (7) porn a notice on each project size ir~'orming all persons providing services on the project ~ they ~zc required to be covered, ~nd r~.tmg how a person n:my verifi/cazr'ren~ coverage ~nd report failure to provide coverage. TI~ notice doe~ not sati-~/other po~i,g requirement~ imposed by the A~ or other commbsion rules. Thb nodc~ mu~ be primed wi~ a title in ~t le~'t 30 point bold type ~nd to:ct in a~ lea.~ 19 point norm:,l fy'po, an.d sh~ll be in both l~.n~i~b an.d ~qp,ni,~h and ~ other la.c~m~e common to thc worker pOl:-~b~om- Thc te:~ £or thc aotice:~ she, fl hc the following text provided by the commission on the ~mple noOce, without ~ udditiona.[ word~ or chlmge.~: R~QUEI:I~=]~ WOP,_-r<~KS' COIVI]PENSATION COVERAGE "The law requh'es that each perxon working on thi~ site or providing services related to this cor~truc'tion project mu~t be covered by workers' compensation ira-ufa, nco. Tb_~ includes persons providing, hauling, or delivering equtipment or materials, or providing labor or t~port~oa or other service related to the projec-u regardless of'the iderrdry, o£their employer or stzrkts as an employee." "Call the Texa~ Workers' Comper,~adon Commission at 512-440-3789 to receive ir~orrrmdon on the legal requirement for cove. rage, to veri~y whether your employer has provided the required core,ge, or to report an employer's failure to provide coverage." (ii) ccr_;.~zc,"u~ly re~',:'L~c each persem wuh v,'kor'... :: conr. rzF..s :c ._-:o;'ide se~"ices ct. z ~rojcc~ to: (A) provide coverage b~ed on proper repor~L"L2 of ctz..%i, ficaUon codes ,.ad payroii a'r,.ounts and ¢zling o£ any caverage a~eeme."_:s £or zL o£ ks empioyees providL~g sep,'ices on the proje.~., for the duration o£the ?rojec:.; 03) prc',ide a cerrifica;e e! coverage [o the conr..%cxor prior to that person be_~%uL".g v,'ork on the proje~; (C) L~ciude in all coo:rams :o provide se,w~ce: ct, the projem u~,e la,.~ge L~ subsecJcn (e)(3) of:his (D) provide the co~m-a~,cr, prior :o r_hc end o£.'he coverage period, z new cerr.~ca:e o£coverage showing e,',ae~ioa o£covera~e, k'the coverage period sho',va on the cu_rrenr cei-d~,ca:e ~ds du_4ng ~e du.r~fion o£the projea; (E) ob[aLu ~rom each oLber person with whom k conum~s, znd p;o¼de :o the con:factor: O) a ce.v.i~cate o£cove:~ge, prior ~o d~e other ?e~on be_~imuLug work on the proje~; z.ud Cd) prior to the end o£r. he coverage period, a new cerr.~ca:e o£coveage showimg e.v.e=_,don of'the cover~_c pefiod~ ~fthc core.ge period shown on the currcm ceahica~e of coverage ends during ~e daradon oF the proje¢; (F-) retakt a]/requ/red ce,'-&fca/es of coverage on file for the duration of cbc proje~ ~.d for one yea~ therez_Rer, (G) nodz3/the governm~tal enfiw in writing by certified mzil or person21 delivery., within ten days after the person lmew or should have knowrk of:my change r/mt rn~eri~y affeczs ~e provision of coverage of any person providing se:-vices on the project4 :md (H) contractually require ezch other person with whom it contrzc-.s, to perform az re-"U~ed by s-ubpm--a_m-aphs (A)-(I-1') ofrhi~ paragraph, w/da the ce.,-tJ.fieaze of coverage to be provided to the person for whom they are providing services. (e) A person providing servicez on a project, other t~ a contractor, shall: (I) provide coverage for its employees providing services on a project, for the durztion oft, he project ba~ed on proper reporting ofcl~si.ficadon crudes and payroll amounts tnd ~l~ng of~y coverage agreements; (2) promde a certificate of coverage az required by its contract to orovide services on the project. prior to be_~nning work on the project; (3) hzve the following l*-n_maage in its contram to provide services on the projecx: "By sig~ing this contrac'r or providing er causing to be provided a cerr. i.ficare of coverage, the person si_m4ng this contram is representing to the governmental entity thai all employees oft.he person si?lng this contrac: who wi//provide services on the project will be covered by workers' compen.sadon coverage http://'v.'o.~a' sos srate, rx.us/tac/28/'g~110~B/1 I0.1 I0.html a,,,lse~ ~/,_:~/~.~ 8,r7198 for t.:: d'-'rauon o£ Cz: proje~, tha~ thc cc','era~e ~il be b~od oq proper rcgo~ oEc~doo codes ~ oa~o~ ~o~ts, ~d that ~ cov~ge ~eem~=:s '~ be ~ed ~th ~c approp~ate Re~mdo~ ~ro~ f~e or ~si~d~ L~o~doo ~ay mbj~ ~e ~n~or to ad~e pen~d:s, c~ ~en~d~, ci~ pe~dcs: or o~er d~ a~o~." (4) provide the person for whom it is pro~Sding service~ on the project, prior to the end of the coverage period shown on its current ceni,'Scatc of coverage, a new certificaze showing extension coverage, k-the cove~ge period shown on ',he certificate of coverage ends during the duration of the proje~; (5) obtain fi-om each person providing se:-v'~ces on a proje~ under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person be_~,~ning work on the project; and (B) prior to the end of the coverage per/ocr a new eertifi~e of coverage showing e. xxe~ion of the coverage period, if'the coverage period shown on the curt-eh= cenaficate of coverage ends during the duration of the proje~'~4 (6) re~ain all required cer~cates of coverage on file for the duraz/on of the project and for one year t~ereafte~, (7) nodf~ the governmental entity in writing by certified mail or personal delivery., ofauy change tl~t materially a. ffect~ the provision of coverage of any person providing services on the project and send the notice within ten days after the person k,-new or should have known of the change; and (8) conr. rac'r-,lly require each other person with whom ir (A) provide cover-age based on proper reporth~ of classJ.fication code~ and payroll amotmts and filing of any coverage agr,'-ment~ for all ofit~ e.mployee~ providing se.r'vice~ on the project, for Me duration of the (B) provide a certificate of coverage to it prior to that oflaer person be~'nnlng work on the proje~; (C) include in all ccma-act~ to provide serv/ces on the project the l,-guage in paragraph (3) oftl~ ..~bs e.~ o~ (D) provide, prior :o the end o£the coverage period, a new cea.'f, caze of coverage showing extension of the coverage period, if the coverage period shown on the current cea ,;~loate of coverage cricks durgng the cluration of the project; (E) obtain fi.om each other person under contract to it to provide services on the project' a~d provide as reouked by its contract: (i) a cers. ficate of coverage, prior to the other person be~Un-mg work on the proje~; ~d (i/) pr/or to the end of the coverage per/od, a new certificaze of coverage showing exxer~on of the coverage period, if the coverage period shown on the current certificate of coverage ends during the ht'tp:#w'w'w.sos state.~.us./tac./28/rgl IoFB/110. 110.html ,rrtzc. z 7o comau, cToas - a 8~7~98 dura;ion el:ne contm~: (F) retam ail required cer-,:-:ca::s of coverage ca ~¢ for the duration cf :he projec~ and for one year there, afzer; (G) notify the governmem:i e."-'.'ty in writing by ce:-,.ified mail or pe."sormi delivery, within ten days ~'°cer the 'person knew or should have known, o£ any change that mate.daily agems the provision of coverage of'any person providing services on ~he project; and (IC) contractually require each cersou with whom k contracts, to perforzn az required by this subpara_m-aph and subparagaphs (A)-(G) of this paragraph, with the ce,"mlcate of coverage to be provided to the person for whom they are providing services. (f) If any provision o£ti~ rule or iu application to any person or ckc, mu.v. ance is held im, alid, the invalidity does not a~ecz other provisions or applications ofthi~ rule that cam be given cfFec~ without the inv~d provision or applicafion~ and to this end the provisions et'this rule are declared to be severable. (g) TNs rule is applicable for budding or construe-don contracts adver:ised for bid by a governmental entity oo or after September i, 1994. Th.is rule is also applicable for those building or cous~mcfion contracts entered into on or ar%r September l, 1994, which are not required by law to be advertised for bid. (h) The coverage requirement in this rule does not apply to motor caniers who are required pursuam to Texas Civil Statutes, Article 6675c, to regixter w/th the Te. Jms De. pamnent of Transportation and who provide acc/dental im-urance cover-age pursuant to TeJm~ Civil Starutes, Article 6675c, § 40')- (i) The coverage requirement in'this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are explicitly excluded Rom cover-age in accor~=-c~ with the Act, § 406_097(0 (as added by House Bill 1089, 74th Lc~',latm'c, 1995, § 1.20). ~ subsec~don appl/es only to sole proprietors, parmers, and corporate cxeoJtive officers who are excluded from coverage in an immrance policy or ce,.i.fica.te of authority to self-insure that is delivered, issued for delivew, or renewed on or a.ffer January l, 1996. Source: The provi_qioas ofthiq § 1 I0.110 adoptmd to be effective September 1, 1994, 19 Te. xP, eg 5715; mended to be effective November 6, 1995, 20 TexR. eg 8609. Return to Section Index PART A SPECIAL PROVISIONS CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 SECTION A - SPECIAL PROVISIONS A-1 T~'"' ax~] Pl&ce of Receiving ProDos~ls/Pre-Bid MemCing 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 2:00 p.m., Wednesday, Februer~ 9, 2005. Proposals mailed should be addressed in the following manner: City of Cor]pus Christi City Secretary's Office 1201 Leopard Street, Corpus Christi, Texas 78401 BID PROPOSAL - CONCRETE ~NED C~/~EL BEHAB~ITKT~ON - AXRPORT DITCH, Phase i A pre-bid meeting is scheduled for 10:00 a.m, We~nes~y, Febru&ry 2, 2005. The location of the meeting will be the Engineering Services Main Conference Room, Third floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas_ The pre-bid meeting will be conducted by the City, and will include a discussion of the project scope. A-2 Definitions end Abbreviations Section B-1 of the General Provisions will govern. A-] Deecr~Dtion Of Pro4ect The project consists of the removal and replacement of approximately 1,465 square yards of concrete channel liner at two locations including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. A-4 Method of Aw~-rd The bids will be evaluated based on the following order of priority, subject to availability of funds: 1. Total ~&me B~d (It~m~ A1 thru A9) 2. Total B&se n4~ (Items Itl t]xru A9)plus Tota_l ~A~4ti~ AltermaCe(It~ B1 ~n~ B2) The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the C~ty's opinion, is most advantageous to the City and in the best interest of the public. The Bidder shall bid for all Base Bid Items in the proposal. A-5 it~- to ]~e ~.~..4tted with ProDOs&I The following items are required to be submitted with the proposal: section A - SP (R~-lse~ 9/18/00) P&~e I of 24 1. 5% Bid Bond (Must reference; C(H~ETE LI~ED ~ REHABILITATION - AIRPORT DITCH, PHASE i as identified in the Proposal), (A Cashier's Check, certified check, ~ney order or bank draft from any State or National B~uk will also be acceptable. ) 2. Disclosure of Interests Statement A-6 T~-~ o£ Cz-....letion/L£auidated D----~es The working time for completion of the project will shall be THIRTY FIVE(35) 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. Should either the Base Bid or the Alter//ate Bid be selected, the time of completion for the Project shall remain the same. 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, $500.00 ~er workin~ 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 da/m~ges 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. 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. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such 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. 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 General Provisions. Ssction A - SP (Revised 9/18/00) Page 2 of 2& A-9 Ac~'-owled~ment:: o~= Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non receipt, could have an adverse effect when determining the lowest responsible bidder_ A-10 W&ae R~tes (Revised 7/5/00) Labor preference and wage rates for Heavy Construction. Minimum Prevailing Wage Scales The Corpus Christi City Council has detel-mined the general prevailing minimlnn hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one half (1 1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-l-l, Definition of Terms, amd Section B 7-6, Working Hours.) A-11 C~Der&tion with Public Auenci~s (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project_ The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Texas One-Call System 1-800 245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Southwestern Bell Locate Group at 1-800-828-5127. For the Contractor's convenience, the following telephone nutmbers are listed. City Engineer Projcct Enginccr A/E Project Engineer Traffic Engineer Police Department Water Department Wastewater Department 880 3500 HDR Engineering, Inc. 5151 Fly/in Parkway, Suite 314 Corpus Christi, Texas 78411 Phone: 857-2216 Fax: 857-0509 880-3540 882-1911 857-1880 (880-3140 after hours) 857 1818 (880-3140 after hours) Section A - SP (Revised 9/18/00 P&ge 3 of 24 Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services AEP SBC City Street Div. For Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) Regional Transportation Authority (RTA) 885-6900 (885-6900 after hours) 857 1881 (880-3140 after hours) 880-3461 857 1970 299-4833 (693-9444 after hours) 881-2511 (1-800-824-4424,after h~ur~) 857-1946 857-1960 857-5000 (857 5060 after hours) 887 9200 (Pager 800 724-3624) 813 1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972-753-4355 289-2712 A-12 Maintenance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground. Due to the nature of the work proposed, the drawings do not include any utility locations other than the sanitary sewers to be cleaned and televised. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary plumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be plumped, bailed or flumed over the streets or ground surface nor routed through underground storm sewers and Contractor must pay for all fines a~d remediation that may result if sewage or other liquid contacts the streets or ground surface. The construction of temporary gravity flow lines, force main lines, pumping equipments, plugs, flow diversion structures, etc., required to maintain and control system flows shall be the responsibility of the Contractor. 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, adjustn~nts or relocations of sewer service lines must be provided by the Contractor. Area Access -~d Tra££ic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and/or roads of approved material during wet weather. The Contractor must maintain a stockpile to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. Section A - SP (Revise4 9/18/00) For work within the City controlled right of way, 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. If the site needs any adjustment in the traffic control sign location, which may be required for safety of traffic and pedestrians, no additional payment for the implementation and enforcement shall be made to the Contractor. A-lA Constr~c~lon ~uui~nt SPill&se ~n~ Trackina The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb 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 1~ lw~%.~$~ ~ R.~ev~ls (NOT USED) Thc c×cavatcd areas bchind curbs and adjaccnt to sidcwalks and drivc%;ays must bc fillcd %;ith 'clcan" dirt. "Clean' dirt is dcfincd as dirt that is capablc of providing a good growth of grass %~hcn applicd with sccd/$od and fcrtilizcr_ Thc ~irt must b~ frcc of dcbris, calichc, asphalt, concrctc and shy other material that detracts from its appearance or hampers thc growth of grass. Ail existing concrete and asphalt within thc limits of thc Projcct must bc rcmovcd unless othcrwisc noted. Ail neccosary rcmovals including but not limitcd to pipc, durivcways, sidc%~alko, crc , arc to bc conoidcrcd subsidiary to thc bid itcm for ~trcct Excavation' 'Point Repairs", and 'Rehabilitation of Manholcs'; thcrcforc, no dircct paymcnt will bc madc to Contractor. A-16 DisDosal/Salvaue 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 and disposal is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 F~el~ O~fice (NOT USED) Thc Contractor must furnish thc City Engineer or his rcprcscntativc with a ficld efficc at thc construction sitc. Thc field office must contain at least 1~0 square feet of useable sl}acc. Thc field office must bc air conditioned and heated and must be furnished with an inclincd tablc that mcasurcs at least 30' )[ 60' and t%;o (2) chairs. Thc Contractor shall move thc field office on thc site au rcquircd by thc City Enginccr or his rcprcscntativc. Thc field officc must bc furnished with a tclcphonc (with 24 hour per day ans%~cring ucrvicc) and FA~ machine paid for by thc Contractor. There iD no scparatc pay item for thc ficld officc. (Rev~se~ 9/18/00) A-X8 Schedule ~nd Seuu®nce of Constr~ction 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 subm/tted to the City Engineer at least three (3) working days prior to the pre construction meeting. The plan must indicate the schedule of the following work items: Initial Schedule: Pre Construction review. Submit to the City Engineer three (3) days prior to the Meeting an initial Construction Progress Schedule for Items to Include: Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Identify the first work day of each week. 3 Submittal Dates: Indicate submittal dates required for all submittals. Re-Submission: Revise and resubmit as required by the City Engineer. Periodic Update: Submit Updated Construction Progress Schedule to actual progress of each stage by percentage against initial Schedule. show 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 Surveyor or the A/E Project Engineer. The Contractor shall 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 or A/E Project Engineer 48 hours notice so that alternate control points can be established by the City Surveyor or A/E Project Engineer as he deen~ necessary, at no cost to the Contractor. Control points or bench marks d~maged as a result of the Contractor's negligence will be restored by the City Sur~;eyor or A/E Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City 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 or A/E Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and m~nholes 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. Section A - SP (Rev~le~ 9/18/00) Page 6 of 24 A-20 Tear,ns and Certi~ication 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 D=o4eeB ~i..s (NOT USED) Thc Contractor must furnish and install Two (3} Onc Projcct signs as indicatcd on thc following drawings {Attachmcnt III) Thc signs must bc inutallcd bcforc construction begins and will be maintaincd throughout thc Projcct pcriod by thc Contractor. Thc location of thc signs will bc dctcrmincd in thc ficld by thc City Enginccr. In addition, thc Contractor shall providc and install posts similar to thooc indicatcd in thc Attachmcnt III and install on thosc anothcr sign to bc furnishcd by thc Tc][as Watcr Dcvclopmcnt Board. Thc location of this sign will be dctcrmincd in thc ficld by thc City Enginccr. Ail work and matcrials rcquircd for providing projcct signs shall bc considcrcd subsidiary to othcr %4ork. A-22 1. Policy Minorit¥/Minori~v Bueinesw ~nCerorise P&rt~c~Da~lon Policy (Revised 10/98) It is the policy of the City of Corpus Christi that maximum opportunity ~s 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 na~ned 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. 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: (Reviee~ 9/18/00) P&~e 7 of 2& 1. Oven e d (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 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). Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Goals 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, conunissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary 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 caranot 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 e~!uivalent 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. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: 9/18/00) Minority Partici~ation Minority Business Enter~riee (Percent) Participation Percent) These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose o~ meeting the Contractor's percentage is prohibited. 4. 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. A-23 I. nsDectlon Reuuixed (Revised 7/5/00) (~OT USED) Thc Contractor shall assure thc appropriate building inspcctions by thc Building Inspcction Division at thc various intervals of work for which a pcrmit is required and to assure a final in0pcction aftcr thc building is complctcd and ready for occupancy Contractor must obtain thc Ccrtificatc of Occupancy, when applicublc. Section B 6 ~ of thc Ccncral Provisions iD hcrcby cu~cndcd in that thc Contractor must pay all foes and charges lcvicd by thc City's Building Inspcction Department, and all other City fc~co, including watcr/~aotewatcr motor feed and tap fccu as required by City. 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 a~aount 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 a//y 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 S~ate Board of Insurance as of the date of the Section A - SP Page 9 of 24 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 Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-2S B&les Tax ~x~=ion (6/11/98) (NOT USED) Ecction B 6 22, Tax Excmption Provision, is dclctcd in its cntircty and thc following substitutcd in licu thcrcof. Contracts for improvcmcnto to rcal propcrty a~rdcd by thc City of Cor~us Christi do not qualify for cxcmptions of Salcs, Excisc, and Usc Taxcs umlcss thc Contractor clccts to opcratc undcr a scparated contract as dcfincd by Ecction 3.~91 of Chaptcr 3, Tax Administration of Titlc 34, Public Financc of thc Tc][as Adminiotrativc Codc, or such othcr rulcs or rcgulations as may bc promulgatcd by thc Comptrollcr of Public Accounts of Ts×as. If thc Contractor clccts to opcratc undcr a ocparatcd contract, hc shall: 1 Obtain thc ncccosary salcs tax pcrmits from thc gtatc Comptrollcr. Idcntify in thc appropriatc spacc on thc 'gtatcmcnt of Matcrials and Othcr Chargcs" in thc proposal form thc coot of matcrialo physically incorporatcd into thc Projcct. Pro¥idc rcoalc ccrtificatco to supplicrs. Providc thc City with copics of matcrial invoiccs to substantiatc thc proposal Yaluc of matcrialo. If thc Contractor docs not clcct to opcratc undcr a scparatcd contract, hc must pay for all Ealcs, Excisc, and Usc Ta][cu applicablc to thio Projcct. gubcontractoro arc cligiblc for salcs tax cxcmptiono if thc subcontractor also complics with thc abovc rcquircmcnts. Thc Contractor must issuc a rcsalc ccrtificatc to thc subcontractor and thc subcontractor, in turn, issues a rcoalc ecrtificatc to hid supplier. 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, sig~ed 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 change to: ~ction A - SP (Revised 9/18/00) P&ge 10 of 2& City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469 9277 3. Nualber 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 any damage to a~y property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder_ ~-27 ResD~nsibilitv for D"~U® Cle~--~ (NOT USED) Paragraph (a) Ccncral Liability of Ecction B 6 11 of thc Ccncral Provisions iu amcnded to includc: Projcct or %;ork. Buildcr'o rio][ covcragc must bc an 'All Risk~ form. insurancc co¥cragc, including ~ny dcductiblc. Thc City must bc namcd additional insurcd on any policics providing such inuurancc covcragc. A-26 Considerations for Conbrac= Award 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: section A - SP (ReviBe~ 9/18/90) Page 11 of 2& Whether any liens have been filed against bidder for either failure to pay for services or m~terlals supplied against any of its projects begun within the precedIng two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 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 adduress of the claimant, the amount of the claim, the basis for the claim, and an exl~lanation 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. Contractor's F~eld ~nistr~tion Sta£f 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: The superintendent must have at least five (5) years recent experience 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 not necessarily limited to, scheduling of manpower and materials, structural steel crcction, masonr%~, safety, coordination of subcontractors, and familiarity with the architectural submittal process, federal and state wage rate requirements, and City contract close out procedures. The Superintendent shall be present, on the job site, at all times that work is being perfoI~ed. Foremen, if utilized, shall have at least five (5) yes.rs recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assaming 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 written approval is also necessar~ 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. 9/18/00) ~-30 $~e_nde~ 'Consid®rttion o£ Con~rac~' ~e~uir.~m__ents 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; 4. A schedule of anticipated monthly payments for the Project duration. 5 The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amoLlnt for each firm; ~d substantiation, either through appropriate certifications by federal agencies or signed affidavits from the M~E 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 M]BE 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. A list of subcontractors that will be working on the Project_ This list may contain more tha~n one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any 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 Failure 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 Drogress schedule must be submitted to the City Engineer at the pre construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Docu/nentation as required by Special Provision A 35-K, if applicable. Section A - SP Pa~l 13 of 2& 10. Within five (5) days following bid opening, ~,~{ t in letter form, information identifying t~e of entity ~nd state, i.e., Texas (or other stets) Coz~oretion or Partnership, and n~--(s) ax~ Title(s) o~ authorized to exec~u~e contracts on ~b~lf of said entity. ~-~1 ~-~nded Policy on ~tra Wor~ sad Chanae Orders Under "General Provisions and Rec/uirements for Municipal Const~uction Contracts" B 8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his desi~Fnee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an an~unt in excess of $25,000.00 must also be approved by the City Council. ~-32 a"~-ded "Execution of Contract" Reauirements Under "General Provisions and Requirements for Municipal Constr~ction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract r~ay be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, city Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of ~//y kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract Contractor is advised to attend the ~re-B~d Meeting referred to in Special Prov~sion A-1 A-3& 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 Technical Specifications eonotruction plan0, fourth precedence will be given to the Standard Specifications and the General Provisions will ~ 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, ASTM specifications, etc., the precedence will be given fo addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Fac£1ities: Special Reauiremen~s (NOT USED) A. visitor/Contractor Orientation Prior to pcrforming work at any City watcr facility, thc Contractor, his subcontractors, and cach of thcir cmployoco muut havc on thcir pcrson a valid card ccrtifying thcir prior attcndancc at a Seot~on A - SP (Revised 9/18/00) visitor~Contractor Eafcty Orientation Program conducted by thc City Watcr Department Personnel. A Visitor/Contractor gafcty Oricntation Progr~ will bc offcrcd by authorized City Water Department pcrsonncl for those persons who do not have ouch a card, and %~o desire to perform any work %;ithin any City water facility For additional information rcfcr to A~ae~bdm~ 1. ~o Cl~ ~= faell~y ak ~ ~4~,~. Ail such itcrau --ue~ ~e opcratcd by an opcrator or othcr authorizcd maintcnancc cnnploycc of thc City Watcr Dcpartmcnt. Thc City mu~t dclivcr %~tcr of drinking quality to its cuotomcrs at all timcs. Thc Contractor shall protcct thc quality of thc %;atcr in the job sitc and shall coordinatc its %;ark %~ith thc City Watcr Dcpartmcnt to protcct thc quality of thc watcr. Ail matcrialo and cquipmcnt uscd in thc rcpair, rcaoscmbly, transportation~ rcinstallation, and inupcction of pu~nps, or o~y othcr itcmo, which could come into contact with potablc %;atcr, must conform to Amcrican National ~tandards Inotitutc/National Eanitation Foundation (ANSI/NEF} ~tandard 61 au dcscribcd in thc Standard Epccificationu. ~u¢~ ~e=~ale ineludo all eelvon~e, elom~e=e, nee ~ used ~loos ahoy eenfoz-- w~eh ~I/NCP ~e~Fd 61 ~ ~loso 4----~a~oly pF~OF ~e uso. Thc Contractor shall providc thc Enginccr with copics of %~ittcn proof of ANEI/NEF ~tandard 61 approval for all matcrialo which could comc into contact with potablc %~tcr. All trash gcncratcd by thc Contractor or his cmployc~co, agcnts, or subcontractors, must bc containcd at all timco at thc watcr facility sitc. Blowing trash will not bc allo~cd. Thc Contractor shall kccp -work arcas clcan at all timcs and rcmovc all trash daily_ CON~flAL'TOR'~ ON 0ITH P~RPARATIO~ Contractor's pcrsonncl must %~car colorcd uniform ovcralls othcr than orange, blue, or ~itc. ~eh ----~-l~yoo un~£~_ --~e~ ~v~do ~,,,any Contractor shall providc tclcphonco for Contractor pcroorkncl. Plant tolephoneo axo no~ &vaile~lo for Con~r&c~or usu_ Working hours %;ill bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. Pm~e 15 of 2& Contractor must not usc any City facility rcstroomD. Contractor must providc own sanitary facilities. Ail Contractor vehicles must be parked at dcsignatcd sitc, as dcsi~natcd by City Water Department staff. All Contractor vehicles must bc clcarly labclcd with company namc. No privatc cmploycc vchiclcs arc allowcd at O. N gtcvcnu Watcr Trcatmcnt Plant. All pcrsonncl must bc in company vchiclcs. During working hours, contractor cmployccs must not lcavc thc designated construction arca nor wander through any buildings other than for rcofuircd work or as dircctcd by City Watcr Department personnel during emergency evacuation. Contractor Qualifications SCADA (CUPE~VIEORY CONTROL AND DATA ACQUIEITION) ~ny work to thc computcr bascd monitoring and control oystcm must bc performed only by qualified tccknical and supcrvisory pcrsonncl, as dctcrmincd by mccting thc qualifications 1 thru 9 bolo%;. Thio work includcs, but is not limited to, modifications, additions, changes, oclcctiono, furnishing, installing, connccting, programming, customizing, debugging, calibrating, or placing in operation all har~rc and/or software spccificd or rcquircd by thcoc specifications. Thc Contractor or his subcontractor proposing to pcrform thc ECADA work must bc able to dcmonstratc thc following: IIc is rcgularly cngagcd in thc computer based monitoring ~nd control systcm busincsm, prcfcrably as applied to thc municipal watcr ~nd wastcwatcr industry. Mc has performed work on systems of comparablc size, typc, and complcxity as rcquircd in this Contract on at least th~cc prior projects. Mc has bccn actively cngaged in thc type of work Dpccificd herein for at lcast ~ years. IIc cmployo a Rcgistcrcd Professional Enginccr, a Control Eystcmu Enginccr, or an Electrical Enginccr to supcrvisc or pcrform thc work rcquircd by this spccifications. IIc cmployo pcrsonncl on this Projcct %~o havc succcuofully completed a manufacturer's training course in configuring and implementing thc specific computers, RTUE's, and softwarc proposed for thc Contract. Hc maintains a pcr~nancnt, fully staffed and cquippcd oct,;icc facility within 400 miles of thc Projcct sitc to mnintain, repair, calibratc, and program thc systems spccificd hcrcin. IIc shall furnish ccfuipmcnt which is thc product of one mnnufacturcr to thc maximum practical c×tcnt. ~crc thio is not practical, all cquipmcnt of a given type will be thc product of enc m~nufacturcr. Prior pcrformancc at thc O. N. Etcvcno Water Trcatmcnt Plant will bc used in evaluating which Contractor or subcontractor prograras thc ncw work for this Project. Thc Contractor uhall produce all fillcd out progra~m~ing bloc]ts required to oho%; thc programming au nccdcd and required, to add thcoc two oyotcms to thc c][ioting City SCADA oystcm. Attached is an cxa~,plc of thc rcquircd progran~ning blocks which thc City rcquircs to bc fillcd in and gi¥cn to thc City Enginccr with all changes madc during thc progranuning phasc. Thc attached shcct iD an c×araplc and iD not intcndcd to show all of thc 9/18/00) rcquircd shccts. Thc Contractor will providc all programuning blocks uscd. L. Trcnching Rcquircmcnts All trcnching for this projcct at thc O. N. Stcvcno Watcr Trcatmcnt Plant shall bc pcrformcd using a backhoc or hand digging duc to thc numbcr of c×ioting undcrground obstructions. No trcnching machincs shall bc allo%4cd on thc projcct. A-35 Other Su~""~t~alB (Revised 9/18/00) Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit numbcr rcquircd by thc City transr~t six (6) copies of each submittal to the City Engineer or his designated representative. The City Engineer will retain three (3) copies Reproducibles: In addition to the rcquircd copics, six (6) copies required above, the Contractor shall 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; a~d sequentially nur~ber each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, 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 construction 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 products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project_ Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Bectton A - BP (Revd. sed 9/18/00) Page 17 of 24 Distribution~ Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, th~ Contractor, any inability to con~ly with provisions, Samples: The Contractor must submit s~m~ples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Under "General Provisions and Requirements for Municipal Construction Contracts", B 6 15 Arrangement ~nd Charge for Water Furnished by the City, add the following: "Arrangements for the use of City Water includes the payment of the appropriate deposit(s) for fire hydrant meter(s) City Water Department forces will install the meters and move them from location to location based on the contractor's request. A/rangements to move fire hydrant meters must be mmde a minimum of one week prior to the need to move the meter. The Contractor is hereby advised that other Water Department activities take precedence over the moving of fire hydrant meters. The Contractor shall schedule his work or arrange for a sufficient number of fire hydrant meters so as not to delay the progress of his work." 'The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the 'Pla~") . This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy of the Plan on the Project site throughout construction." A-~8 Worker's C,.~ens&tion Coverag~ ~o~ B%li~(l~l~a or Constr~ction Prod®cbs for The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Cer~£icat® of OCCUD~nC~ ~i~ Final ACCeDCS/~Ce (NOT USED) Thc iuouancc of a ccrtificatc of occupancy for improvcmcntu docs not constitutc final acccptancc of thc improvcmcnts undcr Ccncral Provioion B $ 9. ~-40 ~-~"~n= to Section B-5-6: P&r~ial Kst~mAtoo 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. Section A - 8P (Re~lsed 9/18/00) Page 18 of 24 Ozone Advisoz'v (NOT USED) Priming and hot mix paving opcrations must not bc conductcd on days for which an osonc advisory has bccn issucd, c×ccpt for rcpairs. Thc City Enginccr will notify Contractor about ozonc alcrt. If a dclay such aD thio ia cxpcricnccd, thc day will n~t bc countcd as a work day and thc Contractor will bc compcnsatcd at thc unit pricc indicatcd in thc proposal. A-42 OSH~ 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. 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 agent 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 hairless 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. A-4& Change 0zde~s (4/26/99) 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 cost and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by the Contractor as the basis for the price of the change order A-45 As-Built Dimensions a~d Drawinus (7/5/00) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. 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 constructed. As a minimum, the final drawings shall include the following: Horizontal and vertical dimensions due to substitutions/field changes. section A - SP (F~vieed 9/18/00) Pa~e 19 of 24 ii. Changes in equipment and dimensions due to substitutions. iii. Deletions, additions, and changes to scope of work iv. ~,y other changes made. A-46 DimDos&l of ~iuhl¥ Chlorina~e~ Water (7/5/00) (N~T USED) Thc Contractor shall bc rcuponsiblc for thc disposal of watcr uscd for tcsting, diDinfcction and linc flushing in un approvcd m~nncr. Contaminants in thc watcr, particularly high lcvcls of chlorinc, will bc uscd for disinfcction, and may c×cccd thc pcr~issiblc limits for dischargc into wctlands or cnviroruncntally scnDitivc arcau. Thcsc arc re<gulatcd by numcrous agcncics such as TNqlCC, EPA, ctc. It will be thc Contractor's rcsponsibility to comply with thc rcquircmcnts of all rcgulatory agcncics in thc disposal of all watcr uocd in thc projcct. Thc mcthods of disposal shall bc submittcd to thc City for approval. Thcrc shall bc no scparatc pay for disposal of highly chlorinatcd ~tcr. Contractor shall not usc thc City's sanitary scwcr systcm for disposal of contaminatcd watcr. A-47 ~re-Construc~ion ~XDlOra~or~ ~xc&v&~ions (7/5/00) (NOT USED) Prior to any construction %~atcvcr on thc projcct, Contractor shall cxoavatc and cxpouc all c×isting pipclincs of thc projcct that croos within 20 fcct of propoucd pipclincs of thc projcct and Contractor shall survcy thc c×act vcrtical and horizontal location of cach crossing and potcntially conflicting pipclinc_ For cxisting pipclincs %~ich parallcl and arc within tcn ~cct {10') of propoocd pipclincs of thc projcct, Contractor ohall cxcavatc and cxpocc said c×iting pipclincs at a maximum of 300 fcct S.C. and Contractor shall survcy thc accuratc horisontal and vcrtical locations of said parallcl pipclinco at 300 fcct m~imum Contractor shall thcn prcparc a /sport and submit it to thc City for approval indicating thc ~wncr of pipclincs cxcavatcd and uurvcycd, au wcll as thc approximatc station thcrcof, distancc to thc pavcmcnt ccntcrlinc and clcvations ef thc top of cxisting pipclinco. Exploratory cxcavationu shall bc paid for on a lump sum basis. Any pavcmcnt rcpair associatcd with c~ploratory c×cavations shall bc paid for according to thc cotablishcd until pricc of p~vcmcnt patching. Contractor shall Dro¥idc all his survcy work cffort (no scparatc pay) for cxploratory c][cavations. 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 ec~/ipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-&9 Amended "Main~en~nce Gu&r~nt¥" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-8 11 Maintenance Guaranty, add the following: 'The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor ekqpiration 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 Trench Safety If the Contractor's proposed construction methods require the excavation of any access pits, trenches, or other below ground operations, such work shall be in compliance with all federal, state and local requirements for trench excavation and safety. Ail costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety" as shown in the proposal forms. A-51 P&v~ment Restoration &nd Project Clea33 Up It is the intent of the plans and specifications that any ~nd all areas within the limits of the proposed project that are affected in any way by construction operations be restored to the same or better condition than that existing prior to construction. Where asphaltic pavements are excavated or damaged, they shall be replaced with the same types and thicknesses of materials as the existing pavement. Where concrete pavements, sidewalks, curbs, etc., are damaged, the replacement shall as a minimum conform with the City standard details and standard specifications available on file with the Department of Engineering Se~ices. For work within TXDOT right of ways, the pavement repairs shall conform to their standards. If the excavated or d~rnaged concrete section exceeds these requirements, they shall be replaced with the same thickness of concrete and amount of reinforcing steel as the existing structure(s). Restoration of all improvements as described above shall be in accordance with applicable City standard specifications, as determined by the Engineer. Ail lawns or other grassed areas, concrete or asphalt driveway, vegetation area disturbed by construction operations for the items mentioned above shall be restored to its original condition unless directed otherwise by the Engineer. The Contractor may be required to perform "clean ups" of the entire project or sections of the project during the course of consti-uction, as directed by the Engineer. Upon completion of construction, the Contractor shall perform a final clean up of the entire project, again as directed by the Engineer. Unless shown on the proposal as a unit bid item, all site restoration and project clean-up shall be considered subsidiary to the various bid items, therefore, no direct payment shall be made. (Rmvime~ 9/16/00) Page 21 of 24 A-52 Errors and Omissions The Contractor shall carefully check these specifications and the Contract Drawings, and report to the Engineer any errors or omissions discovered, whereupon full instructions will be furnished promptly by the Engineer. If errors or omissions are so discovered and reported before the work to which they pertain is constructed, and if correction of such errors or omissions causes an increase in the Contractor's cost, the Contractor shall be compensated for such increase in cost as provided elsewhere. The Contractor shall bear the expense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior ho construction and which, in the opinion of the Engineer, could have been discovered by reasonable diligence on the part of Contractor. It is the intent of this Contract that all work must be done and all material must be furnished in accordance with generally accepted practice. Further, it is the intent of the Contract Documents that the Contractor shall perform all work to complete the project ready for its intended use. A-53 Lack of Information If the Bidder feels that there is insufficient information in order for him to prepare his bid and/or construct the work, he is required to make a written request for additional information. All costs associated with the pre-bid investigation shall be borne by the Bidder, with no compensation from the City. The Contractor shall not use the lack of information as a basis for requesting extra compensation. A-54 Ameu~ed ~eneral Provisions B-2-7 Praparation of Proposal The Bidder has the option of submitting a computer-generated printout in lieu of the Proposal Sheets showing the Bid Tables. The printout will list all bid items (including any options and additives) contained on those sheets_ The printout will be substantially in the form attached to these specifications. If the Contractor chooses to submit a printout, properly completed ren%~ining pages of the Proposal shall accompany the printout. In addition, the printout shall contain the following statement and signature immediately following the Bid Summary: (Contractor) certifies that the unit prices shown on this printout for bid items (including any option and additive) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this printout. (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid; a~d further agrees that the official Total Bid amount will be determined by multiplying the Quantity (Column II) in the Proposal by the corresponding Unit Price (Coluumn IV), and then Totaling all the extended amounts. (Signature) (Title) (Date) (P~v~l.d 9/18/00) Pm~e 22 of 24 A-55 Measurement and Payment of Subsi~liar¥ Items of Work Unless specifically included in the Proposal, the measurement and payment requirements indicated in the individual standard specifications for any work do not apply, and the cosL of this item of work shall be included in the cost of the item of work to which it is subsidiary. (~viee<~ 9/18100) Page 23 of 2& PROJECT: SUBMITTAL TRANSMITTAL FO~ CONCRETE LINED CHARNEL REHABILITATION AIRPORT DITCH, (CITY PROJECT NO. 2093) OWNER: EN~ZN~'~: CONTRACTOR: ~u~'TTAL DATE: APPL ICA~I~E SPECIFICATION OR DRAWI N~ CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. S~IBM ITTAL NUMBER: PHASE 1 ATTACHMENT I SAMPLE COMPUTER GENERATED PROPOSAL SHEETS COMFb ~ P~INT-Ot~ A[ A2 I~. D21 II 37,47~ ~Y 5,033 sY ~ V ~itsm fi~,_ x un~ ~ic~ Snb-Total l~a~ Bid =D" Itj~ns (llnms D I -D21 ) S~-Tc~I Bas~ Rid "A' ~ $ Fasb-ToWl Bas~ Bid '1~ T,,,~' ~ Seb-Tmsl Base Bid =C" l=m~. $ Tota~ Ba~ Bid I~us: S SUPPLEMENTAL SPECIAL PROVISIONS (NOT USED FOR THIS PROJECT) PART C FEDERAL WAGE RATES AND REQUIREMENTS Page I of 2 General Decision Number TX030039 06/13/2003 TX39 Superseded General Decision No. TX020039 State: TEX~.S Construction Type: HEAVY County(ies): NIJECES SAN PATRICIO HEAV%~ CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Modification NuJ~ber 0 Publication Date 06/13/2003 COUNTY(ies) : Nq3ECES SAN PATRICIO SUTX2052A 12/01/1987 Rates CARPENTERS (Excluding Form Setting) $ 9.05 Fringes CONCRETE FINISHER 7.56 ELECTRICI~ZN 13.37 2.58 LABORERS: Common 5.64 Utility 7.68 POWER EQUIPMENT OPEP~ATORS: Backhoe Motor Grader 9.21 8.72 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~MINATION APPEALS PROCESS Has there been an initial decision in the matter~ This can an existing published wage determination survey underlying a wage determination http:l/192.239.92.1081search/davisbacon/currenqtx39.dvb?ts=0.89755400 1106059163 1/18/05 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 survey related mathers, initial contact, including recfuests for summaries of suz~eys, should be with the Wage and Bour Regional Office for the area in which the suI~ey was conducted because those Regional offices have responsibility for the Davis Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 2.) If the answer Lo 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, 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. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are final. ESrD OF GENERAL DECISION http://192.239.92.108/search/davisbacon/currenfftx39.dvb?ts--0.89755400 1 [06059163 1/1 AGREEMENT THE STATE OF TEXAS § COUNTY OF N~ECE S § THIS AGREEMENT is entered into this 22ND day of FEBRUARY, 200--5, by and between the CITY OF COI~PUS CHRISTI of the County of Nueces, State of Texas, acting through Contract Documents as Contract Documents as Nueces County, Texas: In consideration its duly authorized City Manager, "City," and Isensee Construction "Contractor," upon these terms, obligations of City as set out herein, Contractor complete certain improvements described as follows: termed in the termed in the performable in of the payment of $178,750,25 by City and other will construct and CONCRETE LINED CHAI~'R~L 1REHABILITATION AIRPORT DITC~ PHASE 1 PROJECT NO. 2093 (TOTAL BASE BID + ADD.ALT.: $178,750.25) 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. include this Agreement, the bid proposal and specifications, including all maps, plats, drawings, the Performance and documents all of which constitute made a part hereof. The Contract Documents instructions, plans and blueprints, and other Payment bonds, addenda, and related the contract for this project and are Agreement Page 1 of 2 ENT ~Y: H~ LA~ERJET 3t50~ 3818803501~ FEB-3-05 t8;0~; PAGE 7/11 L~ 1465 sY A5 645 SF AS 1465 AT 40 CY AO 2 A9 ~ZI Mobilization, Dmmobtlization. ~n~ Bond~, co~plet~ in place p~r ~ concrete Channel Liner Removal ~xeavation, complete in plac~ per Ck~C Yard $ steel sheet ~ilin9, complet, in plae~ per ~quars F~ot Concrete Ch~u%nel Diner~ 5~ th£cknomm , complete in place per $u"ua~'e_y&rd Tul'~ ic Yazd $ Erosion Control (Temporm=¥), a~.~lete ip plma. ~er ~ ~ ~ v ~ID xT~M (~1~ x ~IT PRZCE PAOE 3 OF 7 Aa~endum No. 1 Pages of 7 ENT aY: HP LA8ERJE~ 3i50; 36ta60350~; FE~-3-05 t8:00; PAGE 8/it S¥ 580 SY Concrete Channel Liner ~amova] TOTAL BZD - TOTA~ BASE BID IIt~ma A1 ~b_~ou~h Ag) Addendum N~, 1 Page 4 of 7 The Contractor will commence work within ten (10) calendar days from~ date they receive written work order and will complete same within ~ ~~- ~A~ PAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. CITY OF CORPUS CHRISTI Ronald F. Massey, Asst. C~y Mgr. of Public Works and Utilit'i~s i~PPROVED AS TO LEG;fL FORM: ngel ~Z. 4~scobar, P/E. DirectOr of Engineering Services ATTEST: (If Corporation) (Seal Below) (Note: If Person signing for corporation is not Presideut, attach copy of authorization to sig~) CONT~G%CTOR Isensee Construction Title: 746 Princess Dr. (Address) Corpus Christi, TX 78410 (City) (State) (Zip) 361/779-7882 * 361/241-7936 (Phone) (Fax) Agreement Page 2 of 2 ~NT BY: HP LA~J~T 3~0; 3B18803~01; P~B 3-05 ~8:0~; PA~E ~/tt PROPOSAL FOR FORM CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 D~ARTM~NT OF ~GINBERING CITY OF CORPUS ~O~0~AL FORM PAG~ ~ OF Add~ndU'm No. 1 /~ Atmohnmm No.~. Im~l~l I Ot 7 BNT BY: HP LA~E~JET ~t~01 ~81880~&01~ ~EB-8-O~ t~:08~ PABE 8/tt PRO P O 8AL Propoaal o~ a Corporation organized and existing %u%der the laws of the Partnership or I~divi dual~ doin9 buslnesm as TO: The City of Cor~ui Christi, Texas Gentlem~n: The L~dersigned hereby proposes materiala, tools, a~d necessary equl~l~erit, required for: Co furnish all labor and and to perform the work CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH Phase 1 ak th~ locations set out by th~ plans ~nd spacif~eationa and in strict mccor~ance wiUh th~ contract documents for th~ following prices, to- wit: REVI ~ 2ot7 BY: HP LASERJET 3t50; 3etB803501; FEB-3-O§ t8:08; PAGE 7/11 A1 1 A3 A~ 1505 CY 645 SF sY 4o 2 D~gCR~PTZON Mobil~zat[on, Demobilization, and Bond~, c~mplete ~n place Concrete Channel bi~ez Remow&l oo~gleta in 91&ce per ~ ~r~u~kment, con~pZ.~e In plata ~t~ in plac~ per ~quare F~ $ ~uhic ~ard co~lete lu place per ~ ztoslon Coat=ol $o~ing, ~7~~- V PROP0~AL ~ PA~E 3 0P 7 Ad~ndum H~ 1 .~zetmtent No.~, P~ge.q of 7 UNiT p~C~ p~r~3uar~ -7o TOTAL ~P = ~O~L ~4%SS ~ID (Items A1 throu~3h Ag) PLUS T~AL ~DITI~ ~A~ (I~e~s B1 and 22): (~T~ X ~W~T P-I~l 4 Or ? P~ 4 of 7 £NT BY: HP LABERJET 3150; 3Bt~B0350~; FEB-3-O~ t8:0~; PA~E ~/ii The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract dOcun~nts relating to the work cDvered by his bid or bids, that he agrees to dc work, and ~hat no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Comtractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a ~e~fot~lance Bond (ss required) for the faithful perfor~lmnce 0[ thi~ contract and a Payment Bond {as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bond~ are not executed within the time above act forth as liclliidated damages for the delay and additional work caused thereby~ Minority~Minority Bus,ness ~berpriee Par~ic~lon: The apparent 1OW bidder shall, within two days (five days for C~ntracturs outside Nueces Co~l~ty) Of receipt of bids, submit to t~e City Engirmer, in writing. =he names and addresses of M~ firms par~zctpsting in the contract and a description of =he work to be performed and its dollar value for bid evaluation purpose. bonds will be prepared in not less than four counterpart (0ri~inal si~ned) sets. Title of Co~pletion: The under~iglled agrees to complete the work within 60 oalmndar ~ye for babe bid ud 70 ~$1e~d~r deys for b~u~e bid and a~ltive alter~ats from the date designated by a Work Order. necessary tools a~d a~aratus, do all the work an~ zurn~sn al± materials and do everything required to carry out the above ~entioned work cove~ed by thi~ proposal, in ~rict accordance with th~ contract documenDs and the requirements pertalnin9 thereto, for the sum or sums abo~e set forth. Keceipt of the following addenda iD ackllowledgad (add~nda nux~b~r): ~ (SEAL - I[ Bidder is a Corporation) the Respectfully submitted: ~/~ a~/~ ~X 7~o Telephone: ~/ 3~9 NOTE Do not detach bid from other papers. FiLl in with ink and submit complete with attached papers. R~VISED pR0~O~AL FORM PA(~ ~ OF ? Addm'~d, um Ne, I Pn~5~7 KNC~ ALL BT TH~BI i~.BSBI'TS: '~l~sT Zm----- ~at~u[]~.XoB of ~ County, Texas, hereinafter called "Principal", and United Fire & C~ualty Compart~ a ~orporatton organized under the laws of the State of ?nu~ , and duly authorized to do business in the Statm of Texas, hezeinaf=er called "Surety", are held and firmly bound unto tho City of Car)us Christi, a mu~lcipal corporation of Nueces County, Texas, hera~naf~er called "City", in the penal sum of~ ~u~ ~.lI~ ~. ~ ~l~ F~ m~ 2S/100 ($~8.?~0.2B) ~L~S, lawful ~ney of %he United States, to ~ paid in Nue~s County, Texas, for the pa~nc of which s~ well and truly to bo made we bind ourselves, our heirs, eKe~tors, a~inistrators and successors, Jointly and severally, firmly by these presents: T~ C~ZTZ~ O~ TU~S OmLX~TTO~ ~S SOC~ T~AT: Whereas, principal entered into a certain contract with the City of Cor~us Christ~, dated the_~ of ~mmT , 20..~S , a copy of which is hereto attached and made a part hereof, for cbs construction of: i'BO,,,,'Z~ I0. 3093 (2'~21LL ~ BID + ADD.ALT,: II,W, T~I~, ~f the principal shall faithfully perform said work in acoordanoe 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 materiels 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 t~is obligation shall be void; otherwise to remain in full force and effect. ~ ~, that if any legal action be filed on this bard, venue shall lis in Nuecea County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the ter~ of the coat,acC, or to tho work performed thereunder, or the pla~s, specifications, drawings, etc., aooompanying the same shall in anywise affect its obligation on chis bond, and it does hereby waive ~o[ice of any such change, extension of time, alteration or addition ~o the te~s of the contract, or to the wor~ to be per[or,ed thereunder. This bond Vernon's CiVil State of Tsxaa. is given to meat the requirements of Artiole 5160, Stat~%Gs of Tsxaa, and other applicable statutes o~ The undersigned agent is hereby designated by the Surety herei~ a~ the Agent RsaSdent in Nusces County to whom any requisite no~£cas may be delivered a~ on w~0~ service of ~rocass may be had in matter~ ari~ng Out of such suretyship, am provided Dy Ar~. 7.19-1, Vernon's T~as Ineuranc~ Code. ~IIFZ~ IINF~%EOF, this iastrumcnt is eaecuted in --t_ copies, each one of which shall be deemed an original, this th. 7th ds~ of , 20 05 . SeoratarF Ta~ R~ei4*mc ~.ue of ~ Ou_~, ~-~ ~.-aea C~"-~, T*''a, for d~,l/ve_-'~ of Harris & Harris Insurance Gail Green CorPus Christi. TX 78426-0490 Paqe 2 of 2 hereinafter called "Principal", and Un~*-,=,~ ~r, · ~=--=~ty C~=-~ cor~ration organi~ed u~der the laws of the State of Iowa , and duly authorized to do business in ~he State cf Texas, hereinaf~er ~lled "Su~ty", axe held and fl~ly boun~ unto the City of Co=~us Chrl~l, a municipal cor~raticn of Nueces Cowry, TeAse, ca/led "City", and unto all persons, firms and co~orat, tons supply;n~ labor and ~terials ~n pro~ecution o~ the work referred =o in attached cOn%tact, in the ~e~ml s~ of~~ ~-~ ~ne~ of the United Sta~es, to be ~a~d in Numces County, Texas, ~or ~nt of which sum well and truly to be made we bind ourselves, our heirs, executor~, a~lnistrator~ and succeslors, join=~y and flay by =hess ~ CO~ITTON O~ T~IB O~LX~TI~ I~ S~H T~AT: Whereas, ~he principal entered into a cereals contract with the Cl=y of Corpus Christi, dated tha_~_ day F~mm~m~ , ]~_~_, s copy of which is hereto attached and made a part hereof, for ~he construction of: CC]iiClIIT~ L3:IIID CBAIMEL I~IMIXLI~,T=C~ PJl3Jl~ ~K). 2093 (TOTAL ~ B:i:D + /%DD.,~T~T.: eX?B,750.25) ~, X~B~B~, if the principal shall faithfully perform its duties and make pro~pt payment to all persons, firms, subcontractors, corDoratlons and c~a~mants supplying labor and material in the prosecution o~ the work provided for in said contract and any and all duly authorized ~odificetion of said contract that ma~ hereinafter be made, notice of which modification to the surety is hereby exprassl~ waived, then th~s obligation shall be void; otherwise to remain in full foxce and effect. ~V~D~D ~, that if any legal action be filed upon this bomb, venue shall lie in Nuecas County, Texas, And that said sureDy for value received hereby stipula~es that no change, extension of time, alteration or addltLon to the terms of the contract, or to the work performed thereunder, or the pls~, specifications, drawinpa, etc., accompanying =he same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such chan~e, extension of time, sits=aries or addition to the ~arms of the contract, or to the work to b~ performed thereunder. Page ~ ~ 2 ~ENT ~Y: HP LA&ERJET ~lgO; f%GtG~O~0t; AP~.6-O~ 5:t3PU; PACE 4lB This bond is given Co meet the rsquirement~ of Article 5180, Yernon's Civil Statute8 of Texas, and other applicable statutes of :he eta~e of TexaB. The terms "claimant", "Labor" end "Materiel", as u~ed herein are in accordance with and aS defined in said Article. The unde£aigned agent ia 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 aris_ag out of such suretyship, as 9rouided by Art. 7.19-1, Uernon'$ Texas Insurance Cods. m ~ll l~l~l~, this lnatrumen~ is executed one of which shall be dee~ed an original, this the , 1005 . COpies, each day of tsense~ Constructi?n Z ~ecretary ~arris & 8arrls Insurance P. O m~v ~NdQN (]61) ]87-0564 Bond of 2 Aar-8?-05 10:34a~ From-UFC / BO~D D~PA~TMENT Eu,"a'~y C~l~inym Un{ced ~lmm ~d ~&e~tv CO~UR ~ri.t~, Texan ~B469-9~77 Slg~ thio ~ dam ~ A~RTT.~~, 20 .~ ~~ N~; DAVID A T. · 1 Cle: SECRETLY MICHELLE WIL.ION MY COMM[SBION EgPIRE8 , MO%{~'¥ {Uublic A "FTACtI..W,'IJII'q T ! i UNITED FIRE & CASUAL'FY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF A~-I-ORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State or Iowa, does make, constitute and appoint GAIL GREEN, INDIVIDUALLY of COP~US CHRISTI TX its true and lavtdul Attorney(s)-in Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire 1st day of June, 2005 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the tallowing By-Law duly adopted by Board of Directors of the Company on April 18, 1973 "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates a~torneys-in-ract to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature or such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and e~fect as though manually affixed. Such attorneys-m fact, subject to the limitations set forth in their respective certificates or authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Vice President, [he Board of Directors or any other officer of lhe Company may at any time revoke all power and authority previously given to any attorney-in-fact IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporale seal to be herelo affixed this 1st day of June, 2003 State of Iowa, County of Linn, ss: UNITED FrRE & CASUALTY COMPANY By ~------~' ~ ~ ~ Vice President On 1st day of June, 2003, before me personally came Randy A- Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows Ihe seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursyant to like authority, and acknowledges same to be the act and deed of said corporation !~.~-=:~ARY A J--,~$E~~ I Notar~ Public. [ .~¢,~,.",' [ COMM;gSION NUMBER ?]412"P'~ 1 My commission ex~li~s: 10/26/2007 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy or the Power of Attorney and affidavit, and the copy o~ the Sec[ion or the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and [hat the same are comect transcripts thereof, and of the whole of the said originals, and that lhe said Power or Attorney has not been revoked and is now in full force and effect. ¢~1~ in testifiers, whereof I have~hereumo subscribed my ha. me and affixed lhe corporate seal of the said Company ..this r/Tcf~.__dayo~ '~/~I/ _20 ~.)~ /~/~/¢~¢~ Secretary BOND0614 0802 01 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY TH~SE PRESENTS: THAT Isensee Construction of NLrECE~ County, Texas, hereinafter called "Principal", and [ corporation organized under the laws of the State' of ~{t.~ ', 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 ONE HUNDRED SEVENTY-EIGHT THOUSA~D, SEVEN ~UNDRED FIFTY AND 25/100 ($178,750.25) 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: TH~ CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND day FEBRU~RY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITC[] PHASE 1 PROJECT NO. 2093 (TOTAL ~ASE BID + ADD.ALT.: $178,750.25) NOW, THEBEFORE, 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 FURTHER, 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 given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Te×as. 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. one IN WITNESS WHEREOF, this instrument is executed in 4 of which shall be deemed an original, this the 1~16 __ copies, each day of PRINCIPAL (Print Name& Tztle) ATTEST Secretary (Print Name) SURETY ABtY~or Agency: Contact Person: AR~ess: The ReaiM--t Agent of the Suret~ in Nueces County, notice and serFice of process Texas, for ~eliveryof NOTE: Date of Payment Bond must noL be prior to date of contract) Revised 9/02) Payment Bond Page 2 of 2 PERFORMANCE BOND STATE OF TE~u~S § COUNTY OF NI/ECES § ElbOW ~T.T. BY THESE PRESEI~TS: THAT Isensee Construction , of I~JECES County, Texas, hereinafter called "Principal", andU~l~ ~ ~q~l~_~,~ ~. , a corporation organized under the laws of the S~ate of ~z~ , 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 ONE H~JNDRED SEVeriTY-EIGHT THOUSAND, SEldEN 81~NDRED FIFTY AND 25/100 ($178,750.25) 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: TH~ CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 22ND of FEBRUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: CONCI~ETE LINED CH/~NNEL REH~BILITATION AIRPORT DITCH PHASE 1 PROJECT NO_ 2093 (TOTAL BASE BID + ADD.ALT.: $178,750.25) NOW, THEI~EFORE, 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. PRI)VIDED L~u-RTHER, 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 W~TNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the ~ day of , 2 o 5_. PRINCIPAL / (Print Name & Tztle) ATTEST Secretary (Print Name) SURETY Attorney-in- fact Contact The Resident Agent of the Surety in N~eces County, Texas, notice and service of process ~s: for delivez-yof (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 MAR Ifi-2OOS(WED) 15:01 HARRIS HARRIS (FAX)361 t87 1192 P.002/002 CITY OF CORPUS CHRISTI D~PARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 COBI~O$ CHRISTI, TED(AS 78469-9277 P~: Cmr~ifi~io~ of Power of At~z~ey £o~ Per~orm~n~ and ~al~ent Pro)ect Name/No.: .2093 C~nGr~te Lined Channel Re~b Ai~n~ort Ditch Surety Cc~pany: United Fire and Casualty Insurance Company Gentlemen: I, DAVID A~ LANCE (na~e of QffJuce= of euret~), hereby ~ertify that the facsimile Dower of attorney su~tt~ by Gail Green (At~In-F~) for Isen~ Construction (Con.moOr), a c~ o~ original power of atto~ey on ffl~ In the records of the surety in irs h~e office, has no~ ~n ~ded or abridged, is still in full force and effect, ~d said d~signated ag~t is currently in g~ standing wl~ the surety. In the event of ~n=ellation of this p~er of atto~ey, th~ City of Co~us Christi shall ~ oo~lfieO ~ writing ~y certified ~il wi~in seven (7) days thereof at the following address: City of Corpus Christi ~rt~nt of Engineering Attn: Contrac: P.O. Bo. 9277 Co~u~ Christi, Texas 78469-9177 Title: SECRETARY ([~.v~,.ed 9/03) ATTACHNIENT t ] UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Offce of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That [he UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and exist ng under the laws of the State of Iowa, and having its principal o~flce in Cedar Rapids, State of Iowa, does make, conslitute and appoint GAIL GI~EEN,INDIVIDUALLY of CORPUS CHRISTI TX ds true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as fellows: Any and Ail Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, The Authority hereby granted shall expire 1st day of June, 2005 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authorib/of the following By-Law duly adoF[ed by Board or Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment orArterney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instrdments of like nature The signature of any officer authorized hereby, and Ihe Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certgqcation of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the anginal signature of such officer and the original seal of the Company, to be valid and binding upon [he Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by [heir signature and execution of any such instruments and to a~tach the seal of the Company thereto. The President or any Vice President, the Board or Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact IN WITNESS WHEREOF, the UNITED FIRE & CASUAL~Y COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 1st day of June, 2003 State of Iowa, County or Linn, ss: UNITED FIRE & CASUALTY COMPANY By /~ ~. (~-~ VicePresident On 1st day of June, 2003, before me personally came Randy A- Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of ~owa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that [he seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto purs~rant to like authority, and acknowledges same to be the act and deed of said corporation. ~- ~ ~ ....... ------'---'1 Notar~/(~tTPublic/~/ ( ./ I ~o a~,',' [COMMISSION flUM~R 71,~'~ My commissidn expi~ee: 10/26/2007 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy or lhe Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGrNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and [hat the same are correct transcripts thereof, and of the whote of the said originals, and that Ihe said Power of Attorney has not been revoked and is now in full force and effect. ~ ~?~. In testi[nor~, whereof I hav~rcreun'~o subscribed my name and affixed [he corporate seal of the said Company Secretary BONBO014 O8O2 01 the nemee ef each =empk~vee' of the ~ ~ ~ ~ ~ ~ '0~ ~ ~ne~ng ~ mom et t~ ~ ~ ~ ~e ~ ~", Glare the nam4~ of Melt 'official' of ~ (~ty o( Co~ ChrlAtl having An 'ow~erthlp InroAd" ¢onetltutlng 3% or more of the owner, hip In the above named 'firm'. Name Tilie State the namee of ~h employee er officer of a 'conGuliant" for the C~ of Corse Cheil who wor~ on ~ MflM m~ ~ ~ ~b~ ~ th~ ~ntra~ and h~ an "o~rlhlp Namer' c~ng 3% or ~ of the ow~h~ ~ ~ ~ W ~'. Cons~ CERTIFICATE I ~-'efflfy that ail Infom~tt~ pm~led is true ~ correct es el the ds[e of thio slatement, that I have r~ot knowingly withheld dleotoeu re of any Irdormaflen requested; and that ~ upp~ernen~ ~t~tementa wfllbe pmml:~ty 8Ubm, ltted b3 th~ C~rty ~ Co;pus Chfl~tl, Texa~ aa changes Signature et Csnffytng Pem~n: ~,~' ~ Date: A~gmdum N~ 1 PAgI~ 6 bf7 EN? BY: HP LA~E~J[T ~t~0; 38~8803501; PbW,U-U~ D,F_.RNrI3oN~ a, ~l~ard Merrier'. A member ot any board, commission or committee appointed by the Cl~ Council of the C~Iy of Cerpue Chniafl, Texai. b, 'Ernpioy~. Ar~ person emph3yed by the City of ~s Chtlea, Texas, either On a fu~J or part time basis, not aa an Independer~ cOfl~mctor, c. "Firm'. Any entfly operated for ecorlomic gain, wflelher @ro/e~eto~al, indus~a~ or Oomrnerclei a,-KJ whether establiahed to produce or deal with a product or ~ervlce,.includlng but not Ilmll~:t to, .e~e~ opem,t~, in the !orm of eo. le p ,r~etomh!p, as seif-emp.~.y~d.persoc, padne .mhlp, corpora.~n~ ~lnt stock oo~panydoln.! venture, raofJtver~ 0¢ trLla! arld ef'rtlflee WflI~3, lot purpoa~ of laXa'Uofl, ani) ire~lteo es r)o~prollt ot'~ll~za.[ ofl~. d. 'Ofllc~l". The Mayor, mernbere; ot the Oily Council, City Manege,', DepLn'y City Manager, ~A~.,ia,tant CAy Metnagar~, Deparlmenl end Divialon Head~ end Municipal Court Judge4t ofb'ne City of Corpue k,i'~rma, tex~. e. 'Ownemh)p Inlere~t~. ~ o¢ .eqCtable )nteremt, whether aotuaJly or con-truct~_ ely held~ In. a firm, In~.ludlf?g whe~ ~ tn~e~'~l ia h~=l th~l.lgh mn age..Kc, trust, e~tate or ho~ng er~/. '~;orl~llJo~W~iy he~d" totem lc, ho~d)ng or ¢o~rof established tflmulih wtmg b-us'~, proxt~ or special terms ol venture or 1. 'Oon~lt. ant". Any person ~ firm, auch as e~.glaeem and archite¢.~, Nm,d by the City of Corpus ChOU loc the per'!~x:~e of professorial (:~n~ulteilon and m,o~mmendsCoin. ~I~OPO~ FORN PA~ ? OF '7 A44.~dum No. 1 CERTIFICATE OF LIABILITY INSU NCE P O ~X INSURED J I~ENSg; CONSTRUCTION CO ~ ?48 PRiNC E$~ T~8 CEATJ~.AT~ Iq ~ ~ A ~ ~J ~OU O~Y ~D CON~ NO RI~ UPON ~ ~1~ ~R~ ~ INSURER B: COVE/~AG E.~ ~ A.____r~l~8 L~tOlLrr~ V// 3TCS~3774-0 MAR 30 0S D RGL.344976-0 MAI;. 30 06 B CUB339E SBPOOOTlO292 Id[AR .11 OS MAR ~ 06 MAR 'tO 0G MAR 30 O~ MAR .1't O~ / 1~,~ 6,00Q V/ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES~F_XCLUSIONS ADOF_D BY ENDOR~EMENTI SPECIAL PROVI~ONS PROJECT NO, 20FJ - CONCRETE LINED CHANNF_L REHABILITATION AIR~OO~T DITCH PHASE 1 J THE CITY OF ¢ORPU~ CHRISTI IS NAUP_D AS ADI)ITIONAL IHSURED ON ALL ~EN~RAL I.IA.~ILITY IGLJ AND ALL AUTOMOBILJ (AL) POLICIES. C'~RTIFICATE HOCDE~R CI1'~ OF CORPUS CHR~I~ DEPARTMENT OF ENGINEEflJNG SERVICE5 ATTN: CONTRACT ADMINISTRATOR P. O. B OX 927? ACOflD 2~ (20~1/06) __- C~NCELLAllON I I 3374 -- // . ACORD ~ORATION lB. IMPORTANT If the ce~ficate holder is an ADDITIONAL INSURED, the policy(les) muat be endorsed. A statement on this cer'Jfic, ale does not Confer dghts to the certificate holder in I~eu of such endomemant(s). I If SUBROGATION IS WAIVED, subject [o the terms and Conditions of the policy, certain poticie$ may require an endorsement. A statement on this cea§cate does not conifer rights to the certificate holder in lieu of such enc:lomement(s). DISCLAIMER The Ce~-tlficate of Insurance on the reverse side of this form does not Constitute a conl~ct beh~n t~e issuing I~urar(s), aufflorized representa~e or producer, and the cer~ate holder, nor dOeS it affirmatively or negatively amend, ex'[end or alter the coverage aff~clecJ by the policies I~s~d th~3n, ACORD 25-S This / ADDrr~ONAL INSUR~D - 0~, L~SSEF2 OR CONTRACTORS ~ORM B) followin9: ehdoreement modifies insurance provided under Che COMMERCIAL GENERAL LIABILITY COVEP~AGE PART (If no entry appearc above, information required to complete this endorsement w~ll ~ o~zation Iho~ ~ ~he S~dule, bu~ o~y ~th resume= to li~ilicy a~ ~uc of CG 20 10 11 ~5 ATTA~ 2 AD~mO~ ~ Th:La en,~c=aemen~ w~S~.f~oB Lnouru~c~ p=c,~ded u~.,~ ~:.he fo~lt:M'ln~ Th~ p~'c~d.a~L~me --~ ~xclusi~s that apply to L~J~LITY ~OV~A~ a.lgo alii1Y CO 9277 ~ut~, TX 7846S-9277 ~ A~ ;~tt~id, ~ .~nly w~Ch respe¢~ Co laga/ r~wp~_~/~l~cy for ~,ol;~ or o~Lse~cms o£ a pn=s~2 ~'o'F whom L~LB~Llicy ~i--'~ Lm .,fE,.~,led un,er Ch*m Ippll~ubl~, duclBre4 ~, us ~I he l~4d Co you. FO~ TE 99 0IB - Texa~ B~',,-,4-,'4 AuComob:L.Z$ ~"e-,ar:l. bed ~l-~'ch 3,8, THIS ENDORSe/WENT CHANGES THE POLICY - PLEASE RFJU3 IT CA~y TEXAS CHANGES - AMENDN~NT OF ~ CANC~LLA330N PROV~qONS OR COVERAGE This endorsement modifies insurance provided under the followlng: / COMMERCIA3~ GENERA~ LLABILITY COVERAO~. PART LIQUOR LIABILITY COV~P~A0~ PART OW~FERS AND CON~T3%CTORS PROTECTIVE LLABILI/~f COVERAOE PART ~OLLUTIQN LIABILITY COVE~U%OE PART PRODUCTS/COMPLETED OPERATIONS LI3tBI~.ITY COV~a~AOE PART RAILROAD PRC~rECTIVE nIABILITY COVERAGE PART In the event of cancellation or material change that re~ce~s or restricts the insurance afforded by th/s Coverage Part, we agree to mail prior wTi=ten notice of cancellation or ~=erial change ='o Schedule 1. Na~u~: SEE BELOW 2. Ad~res$: SEE BELOW 3. AkLmber of days advance notice: THIRTY (30) City o£ Corpus ~hristi Dept. of Engineer~ng Services Attn: Contract Achninistrator P.O. Bo~ 9277 Corpus C~s=i, ~ 78469-9177 Named Insured; Policy Number: Effective Date of This Endorsement: C~0205 (11-85) ATTAC]~%~NT 3 I OP 3i m~%mmm mm~ma~.ha~ daGa ~mm Lnd:Lc&Gmd ~.o~ ~ Co ~du~ oc ~e~lcc c~e~a~ ~m w4_.l! I~L:i n~.ce of ~-ha ~ (~) ,FP~NK ~. ~E~¥ CEO TgXA~ NOTIC~ OF MATE£IAL C~[k)~E ENDORBEt,~NT L UU)/UU) (Ed. This endorsement applies only co the insurance provided by the policy because T~xas i~ ~hown /n item 3.A. of the Information Page. In the eveut of cancelation or ocher material change of the policy, we wil notice to the person or or~anization named in the Schedule. The number notice ie shown ~n the Schedule~ T~ie endorsement sh~11 nec operate directly or indirectly to benefit the Schedule, ~ll advance ia~ a~va~ce not nan~d ia Schedule 1. Number of days advance notice: 2. Notice will be mailed to: 3O City of Cor~us Christi Dep~r~m~nt of Engineering Sarvlces Attnz Contract Az~m/nistrator P.O. BOK 9297 Cox~ue C~risti, TX 78469o9277 endorsement ch-~ee ~he policy to which ic othe~iae stated. (~e tnfo~ti~ bel~ issued s~sa~enc =o preparaCion o~ the polio. ,n the date when chis OF3