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C2005-038 - 1/11/2005 - Approved
S P E C I AL P ROV I S I Ramos Industries 200~038 01/11/05 M2005-003 F 0 RM S SPECIFICATIONS AND OF CONTRACTS AND B ON D S FOR LINDALE/C~NOWETH SubDIVISION DRAINAGE ARP~ IMPROVEMENTS PHA~E I PART A BID SET NOVEMBER 2004 FOR STORM WA'r~DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857-1880 Fax: 361/857-1889 IPROJECT NO: 2174 I IDRAWING NO: ST0 515 I Prepared by: Goldston Engineering, Inc. 210 S_ Carancahua, Suite 200 Corpus Christi, TX 78401 Phone (361) 888-8100 Fax (361) 888 8600 GEI Job. No_ A03054-01 C ityof orpus Christi TO: ADDENDUM NO. 1 I December 3. 5)004 ALL PROSPECTIVE BIDDERS PROJECT: UNDALF_/CHENOWETH SUBDMSION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A PROJECT NO. 2174 Prospective bidders are hereby notified or' the following modifications to the contract documents. These modifica§ons shall become a pad of lhe contract documents_ All provisions of the conl]'act documents not specifically affected by the addendum will remain unchanged. 3:. DRAWINGS: A. SHEET 1 OF 64 COVER SHEET-SHEET INDEX: 1. DELETE: 2. DELETE: 3. ADD: 4. ADD: 5. ADD: 6. ADD: 7. ADD: B. SHEET 2 OF 64, 1. ADD: SHEET 63 "SANITARY SEWER STANDARD DETAILS, in its entirety. SHEET 64 "SANITARY SEWER STANDARD DETAILS, in its entirety. SHEET 63 "SANITARY SEWER STANDARD DETAILS (SHEET 1 OF 5) SHEET 64 "SANITARY SEWER STANDARD DETAILS (SHEET 2 OF SHEET 65 "SANITARY SEWER STANDARD DETAILS (SHEET 3 OF 5) SHEET 66 "SANITARY SEWER STANDARD DETAILS (SHEET 4 OF 5) SHEET 67 "SANITARY SEWER STANDARD DETAILS (SHEET 5 OF 5't. ES'I-IMATED QUANTITIES, GENERAL NOTES AND ABBREVIATIONS: GENERAL NOTE A.11: PAYMENT FOR BID ITEM NO. 40 "REWORK/STABILIZE EXIST BASE MATERIAL (HEWIT ALLEY)" INCLUDES SUBGRADE PREPARATION, GEOGRID, PROVIDING ADDITIONAL NEW BASE MATERIAL. BLENDING THE EXISTING BASE MATERIAL WITH THE NEW BASE MATERIAL, AND CEMENT STABILIZING THE BASE MATERIAL, AS INDICATED ON THE REVISED SECTION A SHEET 24. (REFER TO ADDENDUM NO. 1) FROM GENERAL NOTE F.1. THE SENTENCE TEXT: 56 AND 63 2. DELETE: 3. ADD: THE TEXT: SANITARY SEWER STANDARD DETAILS (REFER TO ADDENDUM NO. 1) P O. Box 9277 - Corpus C'hl~st~, Tex~ 78469-9277 · (512) 880-350~ AddclldUlll No. l Page I of 3 C. SHEET 8 OF 64, CULVERT PLAN AND PROFILE STA t0+00 TO STA 15+00: 1. DELETE: THE SENTENCE TEXT: SHEETS 63 AND 64., FROM THE BOXED NOTE LOCATED AT THE LOWER LEFT HAND SIDE OF THE PLAN VIEW REGARDING THE STA 10+22 SANITARY SEWER IMPROVEMENTS 2. ADD: THE TEXT: SANITARY SEWER STANDARD DETAILS {REFER TO ADDENDUM NO. 1) D. SHEET 24 OF 64, HEWIT ALLEY PAVING IMPROVEMENTS: 1. DELETE: 2. ADD: SECTION A/24/24 TYPICAL PAVEMENT SECTION, in its entirety. SECTION NEW SECTION A HEWIT ALLEY PAVEMENT ATTACHMENT NO. 1), in lieu thereof. E. SHEET 25 OF 64, CHURCH DRIVEWAY PAVING IMPROVEMENTS: 1. DELETE: FROM DETAIL N25/25, THE TEXT: GREENSTREAK SEAL # 610. 2. ADD: THE TEXT: GREENSTREAK SEAL # 632. F. SHEET 26 OF 64, CHENOW~- I H/SANTA FE/KATHERINE IMPROVEMENTS: 1. DELETE: (SEE THE SENTENCE TEXT: SHEETS 63 AND 64., FROM THE BOXED NOTE LOCATED AT THE UPPER LEFT HAND SIDE OF DETAIL NO. 1 REGARDING SANITARY SEWER IMPROVEMENTS. 2. ADD: THE TEXT: SANITARY SEWER STANDARD DETAILS {REFER ADDENDUM NO. 1) G. SHEET 63 OF 64, SANITARY SEWER STANDARD DETAILS '1 OF 2" 1. DELETE: SHEET 63, in its entirety. 2. ADD: NEW' SHEET 63, in lieu thereol~. (See Attachment H. SHEET 64 "SANITARY SEWER MISCELLANEOUS DETAILS 2 OF 2". 1. DELETE: SHEET 64, in its entirety. 2, ADB: NEW SHEET 64, in lieu thereof. (See Attachment 2B) I. SANITARY SEWER STANDARD DETAILS. NEW SHEET 65 (See Attachmenl 2C) NEW SHEET 66 (See Attachment 2D) NEW SHEET 67 (See Attachment 2 E) 1. ADD: 2. ADD: 3. ADD: TO Ad,em:lure No. 1 Page 2 of 3 [[. CLARIFICATIONS: ANSWERS TO BIDDER'S QUESTIONS QI: WILL THE CITY OR NE CONSULTANT PROVIDE A SHORING PLAN FOR THE OCEAN DRIVE CULVERT TIE-IN? Al: NO. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING SHORING PLANS. THE CONTRACTOR SHALL SUBMIT TEXAS PROFESSIONAL ENGINEER SEALED PLANS FOR THE SHORING TECHNIQUE TO THE A/E CONSULTANT (GOLDSTON ENGINEERING, INC.) FOR REVIEW, AS INDICATED ON DRAWING SHEET 12 "OCEAN DRIVE CULVERT TIE-IN DETAILS". TXT. PROPOSAL FORM DELETE: Paqe 8 of 11, of the current PROPOSAL FORM, in its enUrety REVISED SHEET 8 OF 11, in lieu thereof. I Note: REVISED SHEET 8 of 11 adds an ADDITIVE ALTERNATE BID ITEM No. 1 [ Please make the appropriate substitution. Please acknowledge receipt of this addendum In the appropriate place In your Proposal Form. End of Addendum No. 1 ARE/eo Attachments: No. 1, NEW SECTION A HEWIT ALLEY PAVEMENT SECTION (1 page) No. 2A-2E, SANITARY SEWER STANDARD DETAILS (5 pages) No, 3, REVISED PROPOSAL FORM SHEET 8 OF 11 (1 page) Addendum No. 1 Page 3 of 3 L1NDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I II ITEM UNIT 64 185 65 205 66 300 67 2 HI IV V DESCRIPTION Well-Pointing for Sanitary Sewer, Complete in Place Per LF 12" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF 8" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF Samtary Sewer Manhole, 0'~5' Depth, Complete In Place Per EA UNIT PRICE IN FIGURES SUBTOTAL PART 3 (BID ITEMS 64 THROUGH 67): BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURES) I$ (Please type or print clearb0 TOTAL BASE BID (Bid Items 1 thru 67; Part 1 + Part 2 + Part 3): $ MOTE: The aboYe umt prices must include all labor, materials, remoYal, overhead, profit, insurance, ere, to cover the firdshed work of the several kin& called for, and the Owncr reserves the right to increase or decrease the quantity of any bid illin. The above quantities are approximate, include an additional contingency ~n sonm cases, ~md may vary from the final quantitie*. DO NOT ORDER MATERIAL BASED ON THESE APPROXIMATE OUANTITIES. ADDITIVE ALTERNATE BID ITEM No. ! I II III IV ]BID QTY & UNIT PRICE ITEM UNIT DESCRIPTION IN FIGURES V BID ITEM EXTENSION (OTY & UNIT PR[CE IN FIGURES) AA 250 No. I LF Purchase 9' x 9' Box Culvert, temporarily store at the manufacturer's facility (yard) for a maximum of four (4) months and then deliver to the Lindale/Chenoweth Subdivision Drainage Area Improvements Construction Site (material / handling / sforage / delivery only no installation required under this item), Con~plete delivered at site per LF REVISED Proposal Form Page 8 of 11 ADDENDUM NO. 1 Attachment No. 3 Page I of I SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPRO~S PHASE 1 PART A BID SET NOVEMBER 20O4 FOR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/857-1880 Fax: 361/857 1889 IPROJECT NO: 2174 IDRAWING NO: ST0 515 Prepared by: Goldston Engineering, Inc_ 210 S. Carancahua, Suite 200 Corpus Christi, TX 78401 Phone (361) 8~B-8100 Fax (361) 888 8600 GEI Job_ No. A03054-01 LIND;~?.~-/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE i PART A TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 7/5/0q)) NOTICE TO CONTRACTORS - A (Revised Sc'pt. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities SECTION A - SPECIAL PROVISIONS A-I Tune and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbrexaations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-1 I Cooperation with Public Agencies (Revised 7/5/00) A- 12 Maintenance of Services A-13 Area Access and Traffic Control A-I 4 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-I 6 Disposal/Salvage of Materials A-I 7 Field Office (NOT USED) A-18 Schedule m~d Sequence of Construction A-I 9 Construction Project Layout and Control A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Im:po0tion R~quired (NOT USED) A-24 Surety Bonds A-25 Salo~ Tax Exemption (NOT USED) A-26 Supplemen~l Insurance Requirements A-27 Roapormibility for Damage Claims (NOT USED) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Admimstration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Comhtions of Work A-34 Precedence of Contract Documents A-35 City Water Faeiliti~s Special Requir~mont~ (NOT USED) A-36 Other Submiltals (Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water FurrUshed by the City" Page I of 3 A-38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-39 Cortift. c~to of Occupancy and Fie. al Aec~pmnoe (NOT USED) AMI3 Arnmadmemt to Section B-8~: Partial Estimates A-41 Ozon$ Advisory (NOT USED) A42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A45 As-Built Surveys and Drawings (7/5/00) A-46 Disposal of Highly Chlorinated Water (7/5/00) (NOT USED) A47 PreqUonstruction Exploratory Excavations (7/5/00) (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Gu.a. mnty' (8/24/00) A-50 Plan Sheets A-51 Tm'rich Safety A-52 Qualifioation~ of Manufaoturer'~ Field $orvi0e Roprooentativon (NOT USED) A-53 Errors and Oamssions A-54 Lack of Information A-55 Amended General Provisions B-2-7 Preparation of Proposal A-56 Measmcment and Payment of Subsidiary Items of Work A-57 Ih-eqtualification Requirements A-Sg Dew atmiag A-59 Storage, Access and Security A~O Stormwatea- Pollution Prevention A-61 Temporary Solid Waste Collection Service A-62 Maintenance and Control of Wmstewater Flows A-63 Dust Control A-64 Noise Control and Working Hour Restrictions A-65 Additional Time for Completion/Liquidated Damages Information Related to Easement Acqmsltlon by the City SEL'I'ION B - GENERAL PROVISIONS SECTION C - FEDERAL WAGE RATE AND REQUIREMENTS SECTION S - STANDARD SPECIFICATIONS O21O1O 022022 O25802 O262O1 O262O2 026206 O26210 026402 026409 026411 0272O3 027205 027610 028300 028320 037040 Project Signs Trench Safe~ for Excavations Tempoiary Traffic Controls During Construction Wat~ Line Riser Assemblies Hydrostatic Testing of Pressure System Ductile Iron Pipe and Fittings Polyvinyl Chloride Pipe Waterlines Tapping Sleeves and Tapping Valves Gate Valves for Water Lines Vacuum Testing of Samtary Sewer Manhole and Structur~ Fiberglass Manholes Televised Inspection of Conduits Relocation of Fences Chain Link Fence Epoxy ConLoounds Page 2 of 3 050200 Welding 070020 Asbestos Reanoval SECTION T - TECHNICAL SPECllqCATIONS T-021020 T4)21040 T-021080 T-022020 T-022040 T-022080 T-022100 T-022150 T-022420 T-025202 T-025205 T-025215 T-025220 T-025404 T-025412 T4)25424 T4)25608 T-025610 T-025612 T-025614 T-025807 T4)27202 T-027402 T4)27404 T4)27602 T-028020 T-028040 T4)28500 T4)29000 T-030020 T-032020 T4)380~ T-055420 Site Cleating and Stripping Site Grading Removing Old Structures Excavation & Backfill- Utilities, Culverts & Sewers Street Excavation Embankment Select Fill Material Cement Stabihzed Sand Silt Fence Scarifying and Reshaping Base Coume Removing and Replacing Pavements Cement Stabilized Caliche Base Flexable Base Asphalts, Oils and Emulsions Prime Coat Hot Mix Asphaltic Concrete Pavement Inlets Concrete Curb and Gutter Concrete Sidewalk.s and Driveways Concrete Curb Ramps Pavernemt Markings Storm Drain Manholes Reinforced Concrete Pipe Culverts Concrete Box Culverts Gravity Sanitary Scwcn-s Erosion Control by Seeding Erosion Control by Sodding Curb Inlet Stir Fence Storm Water Pollution Preventmn Portland Cexnent Concrete Reinforcing Steel Concrete Structures Frames, Grates, Rings, and Covers APPENDIX A- Geotechmc. al Investigation LIST OF DRAWINGS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Page 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Cor~us Christi, Texas for: L{,~-le/Chenowsth Subdivision Drainage Area T-~.r(~e~ts Phase I Part A consists of the construction of a storm water trunk main and other drainage, pavement and utility improvements, and is more particularly described as follows: The construction of approximately 935 L.F_ of 9'x9' box culvert, 1430 L.F_ of 8'x8' box culvert, and 115 L_F. of 5'x5' box culvert; 100 V.F_ of precast 48' dian~ter storm drain manholes and 6 precast or cast in place City Standard storm water manholes; 3 post inlets and 6 curb inlets; 1200 S.Y- of new asphalt pavement, 4500 S_Y. of asphalt pavement renovation and 3120 S_Y_ of new 6' & 8' thick concrete pavement; 1650 L_F_ curb, 1300 S_F. sidewalks, and 2 curb ramps; 150 S_Y. grass seeding and 14,800 S Y blanket grass sodding; 170 L.F_ of 8' ductile iron water line and 115 L F of 6' ductile iron water line; 205 L.F. of 12' PVC sanitary sewer, 300 L-F- of 8' PVC sanitary sewer and 2 sanitary sewer manholes; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. will be received at the office of the City Secretary until 2:00 p.m. on We~n.s~ay, Decm~er 8, 200& and then publicly opened and read. Any bid received after closing time will be returned unopened_ A pre-bid meeting is scheduled for Tuesday, N~vm~er 30, 200& beginning at 10:00 a.m. The pre-bid meeting will convene in the City of Cor~us Christi Util~ties Build/n~ Conference R~, 5352 Ayers Street (corner of Holly Road ~ Serv{ce Center Drive), Co~us Christi, T~u~s. The pre-hid meeting will be conducted by the City, and will include a discussion of coordination of the work between the City and the Bidders. A bid bond in the amount of 54 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 and n~/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks o~ld 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 City has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman,' or 'mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the Dublic_ CITY OF CORPUS CHRISTI, TEXAS /S/ ~ngel R_ Escobar, P_E_ Director of Engineering Sel-vices /s/ Armando Chapa City Secretary NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 20~0 A Certificate of Insurance indicating proof of coverage in the following mounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 34)-Day Notice of Cancelation required on all certificates Bodily Injury and Propecty l)ama~oe Commercial General Liability including: 1. Commercial Form 2. Prelmses- Operations 3. Explosion and Collapse Hazard 4. Undergroulu:l Hazard 5. Pt~:lucts/Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors AUTOMOBILE LIABILITYOWNED NONd)WNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not lin~ted to sudden & accidental discharge; to inclu:le long-term envu~lmen~ impact for the di~osal of contaminants BUILDERS' RISK INSTALLATION FLOATER $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $ 1,0~,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT __ REQUIRED ~X NOT REQUIRED See Section B-611 and Supplemental Insurance Requirements _ REQUIRED X NOT REQUIRED See Section B4yl I and Supplemental hasuranc~ Requirements REQUIRED ~ NOT REQUIRED Thc CiO/of Corlms Christi must bc named as an ~ddifiomd insured on all coverages except worker's componsation liabilily The name of the project must be I~ted under 'description of operations" on each certificate of insurance. For each insurance coverage, the Co~'~c/or shall obtain an endorseme~ to ~he applicable insurance policy, 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 o0verages winch are specif~l in section B-6~I 1 or Special Provisions socfion of the conlract. A compleUxl 'l~u:~ure of lnler~t' nmst be submitted with ycasr proposal. Should you have any questions regarding insunmce r~qufi'ements, please contact tht Contract Administrator at 880-3500. NOTICE TO CONTRACTORS - B NOTICE TO CONTPJ%CTORS - B WORKEK'S C©Y-'PE'XSATION COVEP~AGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR C-3VEF--d~V~ENT ENTITIES Texas law requires that most contractors, subcontractors, and others providing work or services for a City building cr construction prcjecz must be covered by worker's compensation insurance, authorized self-insurance, or an approved worker's compensaiicn coverage agreement. Even if Texas law does not require a contractor, subcontractor or ethers performing project services (including deliveries to the job site) ~ provide 1 of the 3 forms of worker's compensation coverage, the city will require such coverage for all individuals providing work or sea;ices on this Project at any time, including during the mainuenance guaranty period. >~otor carriers which are required to regzsuer with the Texas Deparumenu of Transportation under Texas Civil Sta~u~es Article 6675c, and which provide accidenuai insurance coverage under Texas Civil £ta=utes Article 6675c, Section 4(j) need not provide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees up comply with all applicable provisions of Texas Administratzve Code Title 28, Section 110.1!0, a copy of whick is attached and deemed incorporated into the project contract. Please note that under section 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; 2. the Contractor is required to submit to the City certificates of coverage for its employees and for all s%~bcontractors and others providin~ services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and 3_ the Contractor is required to post the re.c~uirad notice at the job site. By signing this Contract, the Contractor certifies thau i~ will timely compii- with these Notice to Contractors "B' requirements- Title 2S. ENSL ,_-kNCE Part II. TEX.&S WORKERS' COMPENSATION COMMISSION Chapter ii0. REQUIRED NOTICES OF COVERAGE Subchapter B. EMPLO'~ER NOTICES § 110.110 Reporting Requiremeats for Building or Construction Projects for Governmental Entities (a) The £olloW'mg words and terms, ,,,,-hen used ha ~ rule, shall have the follovang m~nin_v~, unle~ the comexr c!e2.4y m~icates otherwise Te.wns not defined ia flus mia sh~l have the mem'~mg defined in the Te.,c~ Labor Code, if so de.~ned_ (l) CermSc-zte of cove~ge (cev'zfic.~e i-A copy ora ceraficate cf ~_2sumnce, 1 ce.mile, ate of authority to seii'-inmre i.~ued by the c.ommi~ior~ cra workers' compen~zfion coverage a_m-eement (TWCC-gl, TWCC-g2, -D, VCC-83, or 13VCC-84), shoW'mg $zamtory workers' compensation mxurance coverage for the perxon's or endv/s employe'~ (including those subject to a coverage _~greement) providing serv/ces on a project, for the dtwation of the project_ (2) Building or consmJc'Aon-Ha~ the mez.,xing de.fined in the Taxis r~'~hor Code, § 406 096(e)(1) (3) Conrra~cr--A per~on bidding for or awarded a building or cor~truc-tion project by a govemmem.',l (4) Coverage-Workers' comoer~aiion in ,slirance meeting the statutory, requimmem$ of the Texa~ Labor Code, § 401_011(44). (5) Coverage z_m'eement--A writ-ten a_m-eemer~ on form 'D,VCC-$1, form TWCC-82. form x~,VCC-83, or form TWCC-84, fi/ed w/th the Texas Workers' Compea..q. adon Commi,cq~oa wll. icb. esr..a~l.~he~ a r~ta6on,hip betwe~m the parfie~ for purposes of the Texas Worker~' Compe~qarion Act, purma~ to the Texas 1.2.bor Code, Cl~pter 406, Subc2mpters F a~d G, a~ one ore, Floyd/employee and ~-tahlishc~ who will be re~ponq~le for pro,e{dlng WOrkelS' compe'axation covea"age for per~ons providing services on the project (6) Duration of the proje~--haeludes the rime Rom the beginning of work on the project until die work on the proje~ h'~ beton complet~ &nd accepted by the governmental endW (7) Persom Froviding se.'-,Ac~ on r..he project ("slibcontt-tcror" k': § 406_096 of the Act)-With the exception of verso~ excluded under mbs¢c-uona Ch) and (~ of thi~ sectiou, includeS ~.1 pezson~ or entifie~ peffo~-minz ail or pen of the ser'v/ce~ t.be contractor h~ undertaken to perform oa the proje-o~ revardless or'whether that person contra~ed ctkecdy with the contractor and regardless of whether that per, on his employees_ T'ris includes but is not limited to indeaendent comra~ors, rabconwa~ors. leasing com?,aiieS, motor carriers, owner-operators, employe~ o~'any such entity, or employe~ of ~y entity furv2shing person~ to peru-otto se_Mces on the proje~. "Service~' includes but is nor limited hrtp://,.v,.v'w ses.state.~.u~"tacJ2g/l'Ul i0/BI110. 110 html va,~ ~ oe ~ .o prz;ncing. =:-_-hng, or deL'vering eoummen: or :hz:an:is_ or 7ray, ding labor, :ransvc=z:!crt or orhe: ser',~ce re:z:ez :o a projec: '5emces' does not L-_z!u.Se acti;'me: u.'zreiated to the proje~_ :uch ~ fooa'be,,'erag: vendors, e~ce supply defivenes, a_tz ddivery efgartzole toilers (8) Prcjec-=nc!udes the pro;-ision of all services rob:ed to a buii~,2ng or cormrrucdoa cea:reef for a gove~z-zen:~ ennry. Co) ProvidLcg or eau.mag to be provided a cerdfica:e of coverage ?m-xuamt to thJm rule ~ z repre~e.?---:zc:, by thc ir~ucez :bmr all employees of uSe immzed *--ho are providing services on the projec: ~-e covered by workers' compermadon coverzge, that thc coverage is based on protect reporting of classification codes and payroll amour, rs. amd that ~dl coverage agreements ka,~e been filed with the appropriate in_mrance career or, in the cz. se ora self-brazed, with the commission's Division of Sek--~sur'-nce Re_ma/zfior_ Provading false or m_;siezding cerdf, car~ of coverage, or faii;ng to provide or .r::zintain required coverage, or failing te report amy c?~-nge that materially arTe~'~.s the provbion of coverage may r, Jbject the contractor or other per~oo providing servic_e~ on the project to adminisn-a-2ve eenalties, criminal penalties, civil penzities, or other civil action$_ (c) A goverrmentaJ enury ff_zt enters into a building or conm-uc-don contract on a proje~ sba,: (1) inciude ix the bid specificadorm, all the provisions of pa.rag:raph (7) of0ds subsect/om using the lan_m~age required by para_m-apb (7) of this ~ubsecdorz (2) a~ oart or'the contract, using the lamguage required by pawa?~ph (7) of th/s subset-don, require the contra~or to perform az reeuired in subsection (d) of this sec-dom (3) obtain fi-om the contra~or a cemficate of coverage for each per, on providing services on the proJeCt, prior ro that pe~on be_~ming work on the project; (4) obtain fi-cra the contra~or a new certificate of coverage showing extension of coverage: (A) before tko end of the c"'~v, ent coverage period, ir[he contramor's current certificate o£coverage shows that u2e coverage pefod ends during the dmdon of thc project; amd (B) no inter uh.~n seven days =.':ter the erpLration of the coverage for each other person prov/aing servicz= on thc project whose o.m-ent certificate shows that the coverage period ends dm-rog the dm-at/on of the project; (5) retain c2..qmficate~ of coverage on file for the dtuadon of the project and for tho-ce ye.a_~ there, a.~er; (6) provide a copy of the cemficates of coverage to the comrnk~ion upon request and to ,~ny person entitled :c them by law;, and (7) use the l~,';gdage contained in the follo,.mng Fi_m~re i for bid spec'u:Scatiorm and contrz~s. 'Mthour any addidonzi words or cb2.nges, except those required to accommodm.te the specific document in which they az: contained or to impose smcter srandzr~ of'documentation: T2851 I0.110(c)(7) [bi http:l/',m,vw so$.~zte.tX us./tac.'28/IJ/110/'BI110 110.hLrrd Pave ] of v 8/'-//9.8 ~; , Page5 0[6 __ Y.~C 110.110 :.i) provide coverage for its empicye-~ grovming services on a project, £:r ge du_,-~tion of the proje= ~ed on proper repomng ofcl~si.ec~on codes znd pz)'reil amotmzs and =::yE o£any coverage zgreements; (2) provide a certificate of coverage showing workers' compenrafion cove:rage to the governmental entity prior to beg?~i'~g work on "",e project; (3) provide the gove."nmenlal entire', F.qor to the end of the cover-age pe.-'ied, z new em-title:ay- of cove~ge showing ex'te~ion of coverage, if the coverage period shox~rn on the corn_factor's mn'rent :m-tificate of coverage ends during C".e duration of the project; (4) obtain from each person providing ser~ice~ on a project, ~"d provide to -~e govemmeamal entity:. (A) a certific.xte of coverage, prior to rhar per~2n be~?mh~E work on the l:mjecz, so the govemmemal '~ntits, will have on file cemfic..,~es of coverage showing coverage for all persons providing services on d-.e project; and lB) no haler tha~ seven day~ at, er receipt by the conn"actor, a new Ceal~ic~e of coverage showing extem-ion of coverage, if the cove~ge period show'r~ on the current c.~ d~caze of coverage ends during the dm-axion of the projecg (5) retain MI required certificates o£coverage on file for the duration of the proje~ and for one ye. at (6-) notify thp govemmenzal entiD' tn wri~ng by cm-r. ified mail or personal d~ivery, wit~/, ten days alter t~e corltnctor lmew or should have knovm, oflmy eh:,nge tbr mnrm~lly affects the provision of coverag_e of any persoa pmvi4i.g se'Mc, es on the project; (7) post a notice on each projec~ ~.'te im-o~ .,,;,.g all persons provid~v services on the project rh=r they · re required, to be covered, and .s-t~ri.g how a lmm'son my verify c~rem coverzge ..d report failure to provide coverage. This notice does not ~tim~/other postinz require~t.~--~ imposed by the Act or other co,-,-i~on niles. This notice ~rn~: be pr/.t,-d with a title in ~t least 30 poiu: bold I~ 19 poln* norm:,! type, and sl~ll be in both l=n~llch and Spmaish ~,~ any otl~' to tl~ worker po[:~datiom The rex:l: for the ~oti~ ~h:~ll be the followhag tex~ provided by the commi';sion ou the ~m:ple notice, without any additional wort~ or REQLrI~ED WORI~_KS' COMPENSATION COVE1R. AGE 'The law requires tha£ each person working on tbi~ site or pmvidlng services rdated to thic cons:ruction projex= must be covered by workers' compensation imsttrance, ~-Z~Ss includes persons providing, haulinE, or delivering .equipmem or triter/als, or providbg labor or tnnsportafion or other service related to the project, reg_~rdless of the identiW, of their employer or grams as an employee_" 'Call the Texa~ Workers' Compensation Commission at 512440-3789 to r~ve information on the legal requirement for coverage, to veri~, whether your employer has provided the required cove~2ge, or to report an employer's failure to provide coverage." hrtpJlv..u..w.sos_state_~ u~/tac/28/II/110,'B/I l 0.110 htrrd ~t.,.x.~.~. 4x/x'~.'~,~o~ ? 8/7/98 ($) ccr,:rzc~ily re~'.g/_;re ~_zC-~ person with v,-hcr.., ir contramx :c 7re;'ide sem'icez cz z .:roject to: (A) provide coverag_e by. xed o,, proper repord.'%z ofclazxification c~des ~-'~d payroii z~..ounts and filing ofmuy covea-~ge agree.me..:.:z for zE ofi:s employes providing sep,'i¢~ en Se proje=, far the dutminn of the project; (B) provide a ce.,-cificz;e cf coverzge to the con:.~c'tor prior to th~ person be~nni~'g work on the pro jo=; (C) inciude in zll coatrzms to provkie se,'wices cn the projec :_he izn~uaee in subsection (eX3) of this (D) provide the eontra~c:-, prior :o Se end of C':e eoverag_e pe~od, a new cerfifica:e of coverage showing ex'r-~on of coverage, it'the coverag_e period shown on the cttrrem certifi~_ze of coverage ends dud.ag the dUr-aaou of thc project; (E) obtain from each other person with whom i: contrac-....~ znd provide to the con:~or_ (i) a ce.'-dfica~e of coverage, prior ~o the other :e:~on be_zirming work on the proje~; (',i) prior ~o the end of'the coverzge period, & =ow certi~caxe of coverage ~howing e.,ae."~ion of the coverage period, if thc cove'rage period shown on the cm"re.q: ce.,-fifieaxe of coverage ends during the du.t-~o- of the project,, (F) retain all required ce.'-dficates of coverage on file for the duration of'the projec=~ .-"d for one year (G) nora'5', the goveagmental endty in writing by certified mail or personal detivery., w0'hin tea day~ a~er the per,on knew or ~ho~dd have known, of any change that ma~e~/y affec~ Se provisiou of coven_ge of azrf peamon providing se,wires oo the projecz; mad ~ e_~:racn,=lly requ~-c e. zch other perxon wix.b, whom it contrac-.s, to perform m r .equ. ired by mabpar-agz~hs (A)-(H') of rhi~ paragraph, with the certificate of cove. ge to be provided to the person for whom they axe pmvieling iebvice~ (1) provide coverage far irs e.~loye=s providing .services on a project., for the dm--ztion of the project b~ed on proper reporting ofclasshScafion codes and payroll arno-mC and filing of any coverage aD'cements; (2) provide a certificate of coverzge ts require~ by it~ eontra¢~ to orovide serv'ice~ on the projeo., pdor to be_~nn~g work on thc projew,4 (3) hzve the following language ua its contract to provide services on the projem: "By m. gning th.is coutr~ or providing or causing to be provided a ceavAfica~e ofcoveng_e, thc person si_re=in§ this coatra~ is repre:r~mting to the government'al e.ntiry thas. ~I employe~ of the person .~?ing this cont~zc': who ~ provide serv'iee:~ on the project will be covered by wnrkm"~' comp. em.~dea coverage http J/,.,.-a.,w.sos ~ure.~x ug/tac/28dlI/110/BI1 I0.1 lO.htrnl am,ed Z/13l~e~ 8.171~8 for tz.-_ a'-','~Uon o/';2-.~ proiect, '.hat the ec'.'e,"~4e will be b.'~ed on proper reporrm~ ot'c!a~x~fic-a.uon codes a.~d payroll a.-:ounts, and diaz all cov'-'-~¢ _a.grcemex',~ 'Mil be fil~[ with the appropriate Lmaar~c= cra'tier or, :-. the ca~e ora .~lf-imsured, with the comm~ion's Divihon 0£ Seif-Instuan~ Re_m:is. fiorn Providing false or misleading_ L-~orm~rion may subjecz the c,:>nn~cror to admlrtistmdv,* permfie~- ~minal i:e.-.akie~, civil pemlties, or other ciml ac'~orm." (4) provide the per, on for whom it i~ proviz_ag services on the projech prior to *he end of the coverage period shown on it~ mu-rent c. ardfi, ca~, o£coverage, a new certificate showing exxen_s-ion oF cove~ge, ir-the coverage period shown on ~e cm-tifi,'=te ox-coverage ends during the dtualion of'the projeoq, (5) obtain fi.~m each per~on providing se..wices on a proje~ under contract to it, and provide a~ requirexi by iix c.o-m-act: (A) z cm-tifica~e of coverage, prior to the other permn be~,mh, g work on the project; and 03) prior to the end of the covenge period, a new c. erfi.fica.~c o£ coverage showing exr,'-,-ion offlae cover~_ge period, if the coverage period show~ on the o.n-ren~ cen:fficate of coverage ,~el~ during the duration of the project; (6) retai~ all required oerdfir~as of coverage on file for the duration of the project a.ud for one year (7) nodfy the governmental entity in wririeg by oertffied mail or personal delivery, of any change that materiMly a~'ecl.s the provision of coverage of any per~oo provid/ag services on the project .n,~ send the rmdce within ten da~ alter the person knew or should have known of the change; and (8) com:r-a~,ally require each other persoo with whom ir conrrac-~ to: (A) provide coverage based on proper reporfi-g of cla.s~tmtion codes a~d payroll amotmts and filing of any cover-age agra. merits for all o fits er=ploye~ pm,tiding Services ou the projec:L for the duration of the proje~; (B) provide a c.m lilicate of coverage to k prior to thaz other person beg~-n-h,g' work on the project; (C) include in all coatrac~ to provide servict= on the project the laugua~e in paragt,~h O) of this (D) providq prior to the end of the coverage period, a uew cm'tificate of coverage showing ex'tmon of the covar~e period, if thc coverage pedod shown on the mm-am ceo t~caxe of coverage ends during r. he duration cf the project; ('E} obtain fi.am each other perxon under coatram to it to provide services on the proje~., and provide a~ _reql~red by its contract: (i) a certificate of coverage, prior to the other lemon be~_'nni-g work on the proje~; (/;) prior to the end of the coverage period, a new certiflc.~te of coverage ~owing exxemion of the cave.ge period, if~he coverage period shown on the current certi~ca, te of coverage ends during r. he http://w'~w.sos.xtate.~.u~/tac./28/1-lJ110/'BI110 110.html -OTZC:~ a'O ccenmam-o~ - e 8/'7/98 .23 lAG I!U. IIU Page6 o£6 duration cf :he co~u--~: CF) retain ~iI requued ce:.-':c~:es of coverage on file for the duration cfzhe project and for one year zhereafre."; (G) not/fy the goverume.nta/exfit3, in writing by cm"l:ilfie::J mail or pe~o,-ai delivery, wirhi,~ ten day~ after the person knew or should have known, of any change that mate.'5.~iiy a.ffe~.~ the provision of coverage o£~uy person providJ~ug services on the projec-'U, a.ud (H) corn:factually require each pe~on with whom k conra"aO~, to per~orm as reqttired by ~ mbparagraph and subpara~api~ (A)-(G) of this pa.ra_m'-aph, with the c.e:'~cate of coverage to be provided to the perxon for whom [hey are prov/tting saracen. (0/fany provision of this rule or irs application to any person or dre,~mm, ance is held invalid, the invalidity does mot affe~ other provisiom or applicalions ofthi,: rule that ~ [~ give. il ~:'eC~ ~ the invalid provision or application, and to thiq end the provisiom of this nde are declared to be severable_ (g) This rule is applicable for building or comm-uc'r, ion coutram adve.-'-fised for bid by a goverumermal entity on or after September 1. 1994. This rule is ~ applicable for those building or eon_su'u~tion contract~ entered into On or ar~er September 1, 1994, which are not r .etluired by law to be advertised for bid. (h) The covenge requiremem in this rule does not apply to motor carrier~ who are required to Tmra. s Civil Statutes, Article 6675c, to register with the Texas D~mxn,--r of Tran.s-porlaliou who provide accid,-ntal ims-ur~ce coverage pursuant to Texas Civil Statutes, Article 6675c, (i) The coverage requirement in ~ rule does not apply to sole proprietor~, parlmer% mad corporate offic, m'~ who me~ the requirements of the Act, § 406_097(0), ama who are explicitly excluded fi'Om coverage in accordance with the A~ § 406.097(a) (as added by House Bill 1089. 74th Legi,l~n,m, 1995, § 1_20). This mbse~ion appties o~y to sole proprietor~ parmer~, and corporate executive officers who a~e excluded fi-om c. overage in an inmrm=ce poli~ or carfificate of atrdmrity to self-immre thai' iq delivered, iq~ued for delive.'7, or renewed on or after Jmmary 1, 1996. Seure," The provizious ofthi~ § 110. i 10 adopted to be effective September 1, 1994, 19 5715; amended to be ell'et-five Novt-mher 6, 1995, 20 TexReg 8609. Return to Section Index htrp:l/w',v',v.sos.state.uc.us&aW28IlTd110/BI] 10 110.htrnl 8/7/98 SECTION A SPECIAL PROVISIONS A-1 BECTIO~ A - SP~IAL PROVISIONS T~ a~ Place of Receivin~ Pro~)oeals/Pre-B[d Meet~ 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. on We~es~y, Deck'er 8, 200&_ Proposals mailed should be addressed in the following manner: City of Cor~us Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - LINDALE/CHENOWETH SUBDIVISION DP~AINAGE AREA IMPROVEMENTS PHASE 1 PART A A pre-bid meeting is scheduled for Tues~y, ~k~ve~r 30, 2004 beginning at 10r00 a.m. The pre bid meeting will convene in the City of Cor~us ~istt Utilities B~il~J_ng Conference ~, 5352 Ayers Street (cox-~er o£ ~lly Road m.~ Bsrvica Center Drive)~ Cor~us Christi, Tex~s. The pre-bid meeting will be conducted by the City, and will include a discussion of coordination of the work between the City and the Bidders. A-2 Definitio~s -~d Abbreviations Section B 1 of the General Provisions will govern. A-3 Description of Project I.{n~-le/Ch~t~ Su]~d/vtslon D~-a{n-ge Area ~rov~ts Phase I Pa_~-t A conslsts ot t~e construction o~ a storm water trunk main and other drainage, pavement and utility improvements, and is more particularly described as follows: The construction of approximately 935 L.F. of 9'x9' box culvert, 1430 L.F. of 8'x8' box culvert, and 115 L.F_ of 5'x5' box culvert; 100 V.F. of precast 48" diameter storm drain manholes and 6 precast or cast-in-place City- Standard storm water manholes; 3 post inlets and 6 curb inlets; 1200 S.Y_ of new asphalt pavement, 4500 S.Y. of asphalt pavement renovation and 3120 S.Y. of new 6" & 8' thick concrete pavement; 1650 L.F. curb, 1300 S.F. sidewalks, and 2 curb ramps; 150 S.Y. grass seeding and 14,800 S_Y. blanket grass sodding; 170 L.F. of 8" ductile iron water line and 115 L_F_ of 6" ductile iron water line; 205 L.F. of 12" PVC sanitary sewer, 300 L_F. of 8" PVC sanitary sewer and 2 sanitary sewer manholes; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents_ Method of Award The bids will be evaluated based on the Tot-1 Base Bid, subject to the avail~bili~y of fun~s_ The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public_ Section A - SP Page 1 of 28 Items to ~ ~9~tte~ ~th Prc~>os&l The following items are required to be submitted with the proposal: 1. 5~ Bid Bond (Must reference ~Ject Nm-~ as identified in the Propos&l) (A Casb_ter's Check, certified c]~eck, money order or b--~ draft fr~m State or National B~ will also be &ccept~ble. ) 2. Disclosure of Interests Statement A-6 TJ-~e of C~.letion/Li~uid~ted Damagee The working time for completion of the project shall be 240 C~ex~r Days_ Each phase of the project, as described below and in accordance with Section A-18 'Schedule and Sequence of Construction', shall be completed within the number of Calendar Days as listed in the following: Phase I Ocean Dr_ Culvert Tie In (Culvert Sta_ 1+40 to Sta 2+00) .................. 21 Calendar Days Phase II Ocean Dr_ to HeWlt Alley (Culvert eta_ 2+00 to Sta 4+70) ..................... 28 Calendar Days Phase III East End North Hewit Alley and Hewit Dr. Swale (Culvert Sta. 4+70 to Sra. 7+50) ................ 21 Calendar Days Phase IV West End North Hewit Alley (Culvert Sra. 7+50 to Sra. 10+80) ................ 21 Calendar Days Phase V Church Baseball Field (Culvert Sra. 10+80 to Sta_ 14+00) ................... 21 Calendar Days Phase VI Church Driveway and Alta Vista Arroyo Intake (Culvert Sta_ 14+00 to Sta 23+00) .................. 84 Calendar Days Phase VII Santa Fe St /Katherine Dr Intersection (Culvert Sta 23+00 to Sta. 25+00) ................... 21 Calendar Days Phase VIII 209/217 Chenoweth Dr Improvements and Hewlt Alley Repaying ................................ 23 Calendar Days The entire VIII. project shall be c..-u.leted ~l~h4, 240 Cale-~-r Days. The Phases must the sequence shown ~v~, beg~----4~3 at Phase ~ --~ ~4ng at Phese The Contractor shall conm~ence work within ten (10) Calendar Days after receipt of written notice from the Director of Engineering Services or designee ('City Engineer') to proceed. For each Calendar Day that any work remains incomplete after the time specified in the Contract for completion of the work FOR EAC~ P~SE or after such time period as extended pursuant to other provisions of this Contract, $1~.~0 ~er Calendar Day will be assessed against the Contractor as liquidated damages_ Said liquidated d~mages 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 dan~mges 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_ Section A - SP Page 2 o~ 2B If the Contractor's workers' compensation insurance coverage for its ermployees 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 perfor/n 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 Pro3ect has not expired_ In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Fa~e~ Proposals Proposals fa×ed directly to the City will be considered non responsive_ Proposals must contain original signatures and guaranty and be suk~itted in accordance with Section B 2 of the General Provisions. A-9 A=]uaowle(~ent of Addendm 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~ge Rates (Revised 7/5/00) Labor preference and wage rates for ~way ~-~ Hemvy Construction. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum 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 w~ge 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, work~m~n, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each su]~contractor must keep an accurate record showing the names and classifications of all laborers, work]hen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker_ Section A - SP Page 3 of 28 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 doctunents will also k~ 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 5) times the specified hourly wage must be paid for all hours worked in excess ef 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-I-I, Definition of Terms, and Section B 7-6, Working Hours.) A-11 Cooperetion w~th Public A~encies (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, ~nd the Southwestern Bell Locate Group at 1-800-828 5127_ For the Contractor's convenience, the following telephone ntumbers are listed. City Engineer A/E Consultant Traffic Engineer Police Department Water Division Wastewater Services Div. Gas Division Storm Water Parks & Recreation Solid Waste Services American Electric Power Southwestern Bell Telephone Co. City Street Div_ for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber Optic) Choice COM (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic Regional Transportation Authority (RTA) 880 3500 888-8100 880-3540 882 1911 857-1880 857-1818 885-6900 857-1881 880-3461 857-1970 299 4833 881 2511 857-1946 857-5000 887-9200 883-3300 881-5767 512/935-0958 972/753-4355 289-2712 Goldston Engineering, Inc_ (880-3140 after hours) (880 3140 after hours) (885-6900 after hours) (880-3140 after hours) (693 9444 after hours) (800-824-4424 after hours) 857 1960 (857-5060 after hours) (Pager 800-724 3624) (Pager 888-204-1679) (Pager 850-2981) (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground_ The Drawings show as much information as can be reasonably obtained from existing as-built drawings, b~se maps, utility records, etc_ and from as much field work as nor~mally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc_ However, the accuracy and completeness of such infor~ation is not guaranteed_ It is the Contractor's sole and co~lete responsibility to locate such underground features sufficiently in advance of his operations to preclude danuaging the existing facilities_ If the Contractor encounters utility services alon~ the line o£ ehte work, it is h~s responsibility to mai~tein the services in continuous o~eration at h4s own e~e. Section A - SP Page 4 of 28 In the event of damage to underground utilities, whether shown in the drawings or not, the Contractor shall n~ake the necessary repairs to place the utilities back in service and to constr~ct 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 utility 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 pumping to a satisfactory outlet, all with the approval of the City Fnngineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that m~y 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 necessa~ repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price_ Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists. 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 m~terial. The temporary pavement shall include an asphalt surface. The Contractor must maintain a stockpile of materials on the Project site to meet the demands of temporary driveways and/or roads. 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. S~ecial ettenti~ is s~cial details for residences, church ~n~ The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Stand~rds and Practices as adopted k~f 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. All costs for traffic control plans, i.e_ preparation of plans, approval and permit from the City, and implementation of the plan on each site for the duration required will k~e included in the lu~mp sum items as listed in the Proposal Form. If the site needs any adjustment in the traffic control sign location, which m~y be required for safety of traffic and pedestrians, no additional payment for the ,mplementation and enforcement shall be made to the Contractor. A-14 Co~truction ~q~l~ment h'~ill&ge ~ Trac~{-~ 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. Section A SP Page 5 of 28 Streets and curb line must be cleaned at the end of the workday or more frequently, if necessary, to prevent ~terlal from washing into the storm drain system. No visible material that could be washed into storm drain is allowed to remain on the Project site or adjoining streets_ A-15 Excavation a~d R~movals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean' dirt. 'Clean' dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer_ The dirt must be free of debris, callche, asphalt, concrete and any other material that detracts from its appearance or ha/oDers the growth of grass_ Ail existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. Ail necessary removals including but not limited to pipe, sidewalks, etc_ are to be considered subsidiary to Miscellaneous Site Preparation' bid item. driveways, structures, the 'Demolition and A-16 Dt~os&l/Balvm~e of Materials Excess excavated material, asphalt, concrete, pipes, culverts, structures, trees 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_ Water line valves and manhole ring and covers will become the property of the City, and the Contractor shall deliver these items to the City utility yards per the Engineer's instructions. A-17 Field Office (NOT USED) Thc Contractor must furnish thc City Engineer or his rcprcocntativc %;ith a field office at thc construction site_ Thc field office must contain at least 120 square fcct of uDcablc space. Thc field office must be air conditioned and hcatcd and must be furniohcd with an inclined table that mcaeurcs at 1cast 30" x 60" and two (2) chairs. Thc Contractor shall move thc ficld office on thc site as required by thc City Engineer or his rcprcscntati¥c_ Thc field office must bc furnished with a telephone (with 3~ hour per day answering ucrvicc) and FAX a%nchinc paid for by thc Contractor. There is no separate pay item for thc field A-18 Schedule ~ ~quence of Construction The Contractor shall submit to the City Engineer a work plan based only on Calendar Days_ This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting- The plan must indicate the schedule of the following work items: Initial Schedule= Pre-Constr~ction review_ Submit to the City Engineer three (3) days prior to the Meeting an initial Construction Progress Schedule for Itenns 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_ Schedule shall include traffic control, box culvert, pipe culvert, water line, sanitary sewer, manhole, Section A - SP Page 6 of 28 drain inlet, and grass seeding/soddinG construction items. Identify location and periods for proposed driveway and street closures, and identify the locations and periods for proposed interruptions of solid waste collection services _ The Contractor shall specifically note the requirements of General Provision B 6 17, Use of a Section or Portion of the work, as related to pursuing the work, in the manner described above. Submittal Datesr Indicate submittal dates required for all submittals. 4. Re-Submission~ Revise and resubmit as required by the City Engineer. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. It is the meaning and intent of this Contract that the Contractor shall be allowed to prosecute his work at such times and seasons in such order or precedence, ~nd in such marnner as shall be the most conducive to economy of constr~ction, subject to the following conditions: The schedule of constr~ction shall be structured to meet all requirements of Section A 6 'Time of Completion/Liquidated Danuages" ~d &s not~ ~low. The schedule of construction shall not conflict with any provision of the Contract Doctunents, and also that when the Owner is having other work done, either by contract or by their own force, the Engineer may direct the time and manner of constructing the work done under this contract so that conflict will be avoided and the construction of various works being done for the Owner will be harmonized. C Traffic Control is essential to maintaining public safety and flow of traffic. Contractor shall be aware of other constr~ction projects occurring in the area and shall coordinate the scheduling, traffic control, maintenance of services and street access with the other contractors Contractor shall coordinate and cooperate with the City scheduling ~nd traffic control modifications for special occur during the period of the contract. for construction events that may The new box culvert work must begin at Ocean Drive and progress toward Santa Fe Street to maintain flow of the existing storm drainage system_ The easement areas provided between Ocean Drive mnd Hewit Alley, and the easement areas provided at the First Baptist Church baseball field, may be used throughout the constr~ction period for storage of materials and equipment. North Hewit Alley must be used as the access route to and from the construction areas whenever possible_ Ocean Drive, the First Baptist Church Driveway, and the Santa Fe Street/Katherine Drive intersection must not be closed to traffic until absolutely necessary for construction and must be reopened to traffic as soon as safely possible. The same conditions apply for use of the temporary easement at the Chateau Santa Fe ~4partments_ The Contractor will be required to work 6 day weeks to expedite construction through these areas. ~ C~tra~tor shall provide te~.t~-~ry access to r~sid~tia~ driv~y~ ~ safely 12~ssible_ Access to any residential driwA~y n~st not l~ blcck~d for n~r~ ~ 5 Ca/er~f~r D~ym (the ~ n~st l~ r~tified 5 Calendar ~ in ~ of any clrive~y closure)_ Section A - SP Page 7 of 28 The Contractor must provide solid waste pickup services whenever access by the normal service is blocked by construction activities (the Engineer must be notified 5 Calendar Days in advance of any solid waste pickup service disruption). See Section A 61 for additional information_ J Rerouting of traffic on Ocean Drive must not exceed 21 Calendar Days, and rerouting of traffic on Santa Fe Street must not exceed 21 Calendar Days Any work which creates a noise level above not co,~ence before 7:30 a.m. or continue approval from the Engineer the ambient sound levels shall after 7:30 p_m. without prior A-19 Conetr~ction Project ~ay~ut md Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and a minimum two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer_ The Contractor shall furnish all lines, slopes and measurements necessary 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 or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor_ Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant 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 or Consultant Project Engineer prior to deviation_ If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant 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 manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a m~ximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications_ Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L_S_) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P-L-S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation requiredz Streets: · All curb returns at point of tangency/point of circumference · Curb and ~utter flow line - both sides of street on a 200' interval; · Street crowns on a 200' interval and at all intersections. Wastewater: · 7%11 rim/invert elevations at manholes; · All intersecting lines in manholes; · Casing elevations (top of pipe and flow line) (TXDOT and RR permits)_ Section A - SP Page 8 of 28 · Ail top of valves box; · Valves vaults rim; · Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Stormwater; · All rim/invert elevations at manholes; · Ail intersecting lines in manholes; Casing elevations (top of pipe and flow line) · Locations of all pipe bends (TXDOT and RR per, its) . See Special Provision A-45 for additional requirements. A-20 Test]-~ a~d Certification Ail tests required under this item must be performed 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 re-testing will be borne by the Contractor and deducted from the payment to the Contractor_ The Contractor must provide all applicable certifications to the City Engineer. A-21 Project The Contractor must furnish and install two (2) Project Signs as indicated in the specifications. The signs shall be installed before constr~ction begins and shall be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. Ail work and materials required for providing Pro3ect Signs shall be considered subsidiary to other work_ A-22 Minority/N~norit~ Bus,_ness E~ter~rise P&rticipation Polic~ (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2_ 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~ed 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 Section A - SP Page 9 of 28 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 enterprxse in the manner hereinafter set forth: 1. Owned (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). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3_ Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case m~y be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business entei~rise 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 carr7 on a single business activity which is limited in scope ~d direction. The degree to which a joint venture may satisfy the stated MBE goal carmot 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 r~inority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25_0% of the work. Minority members of the 3oint venture must have financial, m~nagerial, or technical skills in the work to be performed by the joint venture_ Goals The goals for partxcipation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's Section A - SP Page 10 of 28 aggregate work force on all construction work for the Contract award are as follows: ~inorit¥ P~r~icipation (Percent) 45% M{~ority Business E~ter~rise PerticiD&tion (percent) 154 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 of meeting the Contractor's percentage is prohibited. 4. Compliance Upon completion of the Project, a final breakdown 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 n~nthly 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-~ction Required (Revised 7/5/00) (~OT USED) Thc Contractor shall assure thc appropriatc building inopcctions by thc Building Inopcctlon Division at thc various intervals of %;ork for which a permit iD required and to assure a final inopcction aftcr thc building is complctcd and ready for occupancy. Contractor must obtain thc Certificate of Occupancy, %;hen applicablc_ Ccction B ~ 2 of thc Ccncral Provisions is hereby uancndcd in that thc Contractor must pay all fees and chargco lcvicd by thc City's Building Inopcction Department and all other City fees, including watcr/wautcwatcr mctcr fcco and tap fccs as required by City. A-2& Surety 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 bends or who has an interest in any litigation against the City. Ail bends must be issued by an approved Surety Company authorized to do business in the State of Texas. I~ performance and payment bends 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 re-insured the portion of the bond amount that exceeds ten percent (10%) of the Surety Compa~ly's capital and surplus with re-insurer(s) authorized to do business in the State of Texas. The amount of the bond re-insured by any re- insurer mmy not exceed ten percent (10%) of the re insurer's capital Section A SP Page 11 of 28 and surplus For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last arnnual statutorsz financial statement of the Surety Company or re-insurer authorized a~d 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 re- insurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or re insurer must be listed in the Federal Register as holding certif.cates of authority on the date the bond was issued-' A-25 Sales Tax E~.~.tion 6/11/98) (NOT USED) gcction B 6 22, Tax Excn, ption Provision, is dclctcd in its cntircty and thc following substitutcd in licu thcrcof. Contracts for improvcmcnts to rcal propcrty awardcd by thc City of Corpus Christi, do not qualify for c][cmptions of galco, Excioc o_nd Usc Taxco unlcss thc Contractor clccto to oI~cratc undcr a ocparatc~d contract as dcfincd by gcction 3.291 of Chaptcr 3, Tax Adminiutration of Titlc 3~, Public Finance of thc Tcl£as Adminiotrativc Codc, or such othcr rulcs or rcgulations as may bc promulgatcd by thc Comptrollcr of Public Accounts of Tcxas. If thc Contractor clccts to opcratc undcr a scparatcd contract, hc shall: 1. Obtain thc ncccssary salcs tax permits from thc ~tatc Comptrollcr_ Idcntify in thc appropriatc spacc on thc "gtatcmcnt of Matcrialo and Othcr CharGcs" in thc proposal form thc cost of m~tcrials physically incorporatcd into thc Projcct. 3. Providc rcsalc ccrtificatcs to supplicrs. Providc thc City with copicu of matcrial in¥oiccs to s~bstantiatc thc proposal valuc of matcrials_ If thc Contractor docs not clcct to opcratc undcr a ocparatcd contract, hc must pay for all galcs, E×cisc, and Usc TaKcs applicablc to this Projcct_ gubcontractors arc cligiblc for salco tax cxcmptionu if thc subcontractor also complics with thc abovc rcquircmcnts. Thc Contractor must isouc a rcsalc ccrtificatc to thc subcontractor and thc subcontractor, in turn, iODUCC a rcnalc ccrtificatc to hid supplicr. A-26 Su~le~ent&l Insurance 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, si~ned 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: Section A - SP Page 12 of 28 City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P 0. Box 9277 Corpus Christi, Texas 78469-9277 3 Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty {30) Calendar Days after the date the City Engineer requests that the Contractor sign the Contract documents_ Within thirty (30) Calendar Days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City E~gineer 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 describe~ 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 any 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 indennnity shall apply except if such injur~, 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_ A-27 Res~o~ibility for D~ge Cl-4~- (NOT USED) Paragraph (a) Ccncral Liability of Section B 6 11 of thc Ccncral Provisions ascended to include: Contractor must provide bullder'B riBk in~uxJ--o coverage for thc term of thc Contract up to and including thc datc thc City finally acccpts thc Projcct or work Builder's risk coverage must be an "Ail Risk" form_ Contractor must pay all costs ncccusar~f to procure such builder's risk insurancc covcragc, including any dcductiblc_ Thc City must bc named additional insured on shy policies providing such insurance coverage. 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 documentatxon concerning: Section A - SP Page 13 of 28 Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the n~me 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 oi 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 na~e and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Fleld ~--4u/stration Btaff 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) yemxs recent experience in field m~nagement 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, safety, coordination of subcontractors, a~d familiarity with the 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 performed. Foremen, if utilized, shall have at least five (B) years 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 requireu~nts 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 assuming responsibilities on the Project. Such written aE~roval of field e~-tmtrat£on staff is m prerequilite to the City En~4~eer'e obligmtion to ezecute & contr&ct for ~his Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the ter~ of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 A~m~e~ "Consideration of Contr&ct" Requir~--~-ts Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract adds the following text: Section A - SP Page 14 of 28 Within five (5) working days following the public opening proposals, the three (3) apparent lowest bidders (based on must submit to the City Fa~gineer the following info~mation: and reading of the the Base Bid only) 1 A list of the major components of the work; 2 A list of the products to be incorporated into the Project; A schedule of values which specifies estimates of the cost for each major component of the work; schedule of anticipated monthly payments for the Project duration; The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firths, that such MBE firms meet the Guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE If the responses do not clearly show that MBE participation will n~et the reclulrements above, the bidder m~st 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 than 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 wTitten 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 ter~ 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_ 7 A preliminary progress schedule, indicating relationships between the ~jor components of the work. The final progress schedule must be s~mltted to the City Engineer at the pre-construction conference; 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 Documentation as required by Special Provision A-35-K, if applicable_ Section A - SP Page 15 of 28 A-31 AmaZed Policy on Eatra Work -~'~ ~ge Or,ers Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the followingr 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 designee. The Contractor also acknowledges that the City Engineer r~ay authorize change orders, which do not exceed $25,000.00 The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Counc,l_ A-32 m~-ded =E~ecution of Contract= Requir~nts Under "General Provisions and Requiren~nts for Municipal Construction Contracts" B-3-5 Execution of Contract adds the followingr The award of the Contract may 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 any 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. A-33 Con~ltions of 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 reminded to attend the Pre-Bid Meet~n~ referre~ to ~_n ~pecial Prov~sion A-l_ A-34 Precedence of Contract In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the City Standard or Technical Specifications, and the General Provisions will be given last precedence In the event of a conflict between any of the City Standard or Technical Specifications with any other referenced specifications, such as the Texas Department of Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, City Standard or Tech//ical Specifications, and General Provisions, in that order. City Water F&cilities: ~pecial Requir~uts (NOT USED) A- Visitor/Contractor Orientation Prior to performing work at any City watcr facility, thc Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attcndancc at a Visitor/Contractor ~afcty Oricntation Program conducted by thc City Water Department Pcrsormcl. A Visitor/Contractor ~afcty Orientation Program will bc offered by authorized City Watcr Dcpartmcnt pcroortncl for rhode pcrsono %~o do not have such a card, o~d who dcuirc to Section A - SP Page 16 of 28 pcrform any work within any City watcr facility. For additional infor~k~tion rcfcr to Arrast -nb 1. J_ valve, equi,..cn~, ~itoh, breaker, oontrol, or m~y other it~ related to city w~ter faoility ab ~y t/tme_ All such itcmD ~ot bo opcratcd by an opcrator or othcr authorizcd malntcnancc cmploycc of thc City Thc City must dclivcr watcr of drinking q~ality to its customcrs at all timcs_ Thc Contractor shall protcct thc quality of thc watcr in thc job sitc and shall co~rdinatc its work with thc City Watcr Dcpartmcnt to protcct thc quality of thc watcr. ConEox-~ty wi~h ;~iiI/NiF ;t~h~l 61 Ail mntcrialo and cquipmcnt uocd in thc rcpair, rc aoocmbly, transportation, rc installation, and inopcction of p~s, or ~ny other itcmo~ %~ich could comc into contact with potablc watcr, must conform to Amcrican National gtandards in thc Etandard Epccificationo. Cuoh --torialo inolude all oolvonto, oloamo~o, l@~ioanto, gaoko~o, thread o~_~ounds, eoatingo, or hydraulio equt2 ---~. ~eoe it~- ~st Thc Contractor shall providc thc Enginocr with copico of w-rittcn proof of ANCI/NCF gtandard 61 approval for all mntcrials, which could comc into contact with potable watcr. gA--dling --~ Disposal o£ ?rauh All trash gcncratcd by thc Contractor or his cmploycco, agcnts, or subcontractors, must bc containcd at all timco at thc %~tcr facility oitc. Blowing trash will not bc allowcd. Thc Contractor shall kccp work arcao clcan at all timco and rcmovc all trash daily. .... ud i~ivi~ual -_ l~yae id~ntlEieation. Contractor shall providc tclcphonco for Contractor pcroonncl. Plant Working hours will bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. Contractor must not usc ~ny City facility rcotroom~. Contractor must providc own uanitary facilities. All Contractor vchiclco must be parkcd at dcoignatcd uitc, as Section A - SP Page 17 of 28 dcoi~natcd by City Watcr Dcpartmcnt staff. Ail Contractor vchiclco must bc clcarly labcled with company nsec. No priYatc cmploycc vchiclcs arc allo%;cd at O. N. gtc¥cns Watcr Trcatmcnt Plant. All pcroonncl must bc in company ¥chiclco_ During working hours, Contractor cmploycco must not lcavc thc dcsignatcd construction arca nor wandcr through any buildings othcr tha~ for rcquircd work or as dircctcd by City Watcr Dcpartmcnt pcrsonncl during cmcrgcncy Contractor Qualifications CCADA (CUPERVICORY CONTROL AND DATA ACQUIgITIO}]) ?~ny %4ork to thc computor bamcd monitoring and control oystcm must b~ pcrformcd only by Clualificd tcchnmcal and oupcrvioory pcrsonncl, as dctcrmincd by mcctinG thc qualifications 1 thru 9 bclow_ Thio work includcs, but is not limitcd to, modifications, additions, changco, sclcctlono, furnishing, installing, conlacctinG, proGran~ninG, customizing, dcbugging, calibrating, or placing in operation all hardwarc and/or ooft%;arc Dpccificd or rcquircd by thcoc spccifications. Thc Contractor or his subcontractor proposing to pcrform thc ~C~_DA work must bc ablc to dcmonotratc thc follo%;inG~ 1. l[c is rc~aularly cnGagcd in thc computcr k~]ocd monitoring and control oyotc2n bumincoo, prcfcrably as applicd to thc municipal water and waotcwatcr industry_ 2 l~c has pcrformcd work on oyotcms of comparablc oizc, typo, and complcxity as rcquircd in thio Contract on at lcaot thrcc prior projccts. 3_ Ilo has bccn activcly cngagcd mn thc typo of work opccificd hcrcin for at lcaot 5 ycaro. 4. Hc cmployo a Rcgiotcrcd Profcssional Enginccr, a Control Eyotcms Znginccr, or an Elcctrical Enginccr to oupcrvioc or pcrform thc %;ork rcquircd by thc-sc opccificationo. 5. Ilc cmployo pcrsonncl on thio Projcct who havc succcoofully complctcd a raanufacturcr'o training couroc in configuring and implcmcnting thc opccific computcrD, RTUC's, and ooftwarc propoocd for thc Contract. 6. Hc maintains a ~crm~ncnt, fully staffcd and cquippcd scr~icc facility within ~00 milcm of thc Projcct oitc to maintain, rcpair, calibratc, and program thc oyotcmo opccificd hcrcin. 7. Mc shall furnish ccfuipmcnt, which is thc product of onc manufacturcr to thc maximum practical c×tcnt_ ?~crc thio is not practical, all cquipmcnt of a Gi¥cn tyl~C will bc thc product of omc manufacturcr. 8. Prmor pcrformnascc at thc O. N. Ctc¥cno Watcr Trcatment Plant will bc uscd in evaluating %~hich Contractor or subcontractor progroano thc nc%; work for thio Pro]cct_ 9. Thc Contractor shall producc all fillcd out prosran~ning blocks rcquircd to show thc pro~rammin~ as nccdcd and rcquircd, to add thcoc two oyotcmo to thc c~iotin9 City CCADA oyotcm_ Attachcd is an c]£alnplc of thc rc-quircd pro~r~n~mLinG blooko which thc City rccluirco to bc fillcd in and givcn to thc City En~inccr with all changcs madc during thc programmin~ pha0c_ Thc attachcd ohcct iD an cxamplc and is not intcndcd to Dhow all of thc rccfuircd shoots Thc Contractor will providc all programmin9 blocks uscd. Section A - SP Page 18 o~ 28 L- Trcnching Rc~uircmcnts Ail trcnching for this projcct at thc O_ N. gtcvcns Watcr Trcatmcnt Plont shall ~ pcrformcd using a bac]thoc or h~nd digging duc to thc number of cxisting undcrground obstructions_ No trcnching ~chincs shall bc allo%;cd on thc projcct A-36 Other Suk~mtttals (Revised 9/18/00) 1 Shop Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: Quantity: Contractor shall submit number required by the City of each submittal to the A/E Consultant or his designated representative. The A/E Consultant will retain five (5) copies. Reproducibles; In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings larger than 11" x 17' in size Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this section; and sequentially hUnt,er each transmittal for~. Re-submittals must have the original submittal nun~r with an alpha~tic 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_ d Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products recruited, field di~nsions, adjacent constr~ction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents Scheduling: Contractor must schedule the submittals to expedite the Project, deliver to the AE Consultant for approval ~nd coordinate the submission of related items_ Marking~ Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement ~%anufacturers' 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 ~y be detrimental to successful perfolqnance of the completed work_ Space Requirements~ Contractor must provide adequate space for Contractor and Engineer review sta/~ps on all submittal forms_ Re-su~ittals: Contractor must revise and result submittals as required by AE Consultant and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to s~ocontractors and suppliers and instruct su~ontractors and suppliers to pro~tly report, thru Contractor, any inability to comply with provisions. Section A - SP Page 19 o£ 28 Samples: NOT USED Thc Contractor must ouk~nit samples of full range of m~nufacturcro' standard colors, tc×turco, City Enginccr'o oclcction_ finishes from thc and patterns for 3. Test and Repair Report (NOT USED) When spccificd, Contractor must submit thrcc (3) copics of all shop test data, and repair rcport, and all on site tcst data within thc specified timc to thc City Enginccr for approval. Otherwise, thc related ccfuipmcnt will not be approved for usc on thc project. A-37 ~-~ed 'Axran~nt m~ C~-~e for Water Furnishe4 by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", B-6-15 Arrangement and Charge for Water Furnished by the City, add the following: · The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation m~asures established for changin§ 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-38 Worker's C(~en~mtion Cover&ge for ~ild~g or Co~struction Projects for ~overmment ~ntities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A-39 Certificate of 0~c~ ~d F4--I A=ce~t=e (~OT USED) Thc issuance of a ccrtificatc of occupancy for improvcmcnts docs not constitute final acccptancc of thc improvements under General Provision B A-40 ~t to Section B-8-6~ Partial Est4~tes General Provisions and Requirements for Municipal Constr~ction Contracts Section B 8 6: Partial Estimates is amended to provide that approximate estinmates from which partial payments will be calculated will not ~nclude the net invoice value of acceptable, non perishable materials delivered to the Project work site %uuless 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 work site. A-~i Ozone Priming and hot-mix paving operations must not h~ conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert_ If a delay such as this is experienced, the day w-Ill not be counted as a workday, and thc Contractor will bc compensated at thc unit price indicated in thc proposal_ No pak~nent will be made for ozone related delays. A-&2 OS~]k ~les & Re~ulations It is rules jobs_ the responsibility of the Contractor(s) to adhere to all applicable OSHA and regulations while performing any and all City-related projects and or Section A - SP Page 20 of 28 A-43 Amended Indemnification & Hold m-~lssg Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys and agents from any and all damages, injur~ or liability whatsoever from an act or omission of the Contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, consultants, any work done under the contract or in connection therewith by the Contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all dan~ges, 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 material man_ A-44 ~hm.ge Orders (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 costs and breakdowns, cost of materials and equipment, wage rates, etc.)_ This breakdown information shall be submitted by the Contractor as a basis for the price of the change order. A-45 As-Built ~urveys ~nd Drawings (a) The Contractor shall -~.loy the services of a City &E~rove~ there- party Texas Registered Public L~nd Surveyor (R~LS) t~xoughont the construction period to survey the as built horizontal and vertical locations of all new storm drains and utility lines, pipe and culvert bends, drainage and utility manholes, drainage inlets, valves, etc_ installed during the construction period At the completion of construction but prior to final payment the Contractor shall provide the Engineer with RPLS sealed drawings and an electronic survey point file of the as built construction The horizontal and vertical datum used for the survey shall be the same as the Project datum. The horizontal and vertical locations of all below grade construction must be surveyed and recorded prior to trench backfill. Payment for this work shall be considered subsidiary to other bid items. (b) Contractor shall make appropriate daily measurements oF facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of construction, the Contractor shall furnish the City with one set of project drawings and specifications, marked with red pen or pencil, showing all deviations from the original plans, including any substitution for the materials originally specified. devi&t~ons fru~ the ori~-ml plans or substitut~ons for t_he ~aterials s~ecif~od require prior BI. royal from the Engineer. Section A - SP Page 21 of 28 A-46 Dis~oe&l of Highly ~]orinate~ Water (7/5/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner_ Contaminants in the water, particularly high levels of chlorine, will be used for disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas_ These are regulated by numerous agencies such as TNRCC, EPA, etc It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project_ The methods of disposal shall be submitted to the City for approval_ There shall be no separate pay for disposal of highly chlorinated water Contractor shall not use the City's sanitar~ sewer system for disposal of contaminated water. A-47 Pre-Construction ~loratory Excavatio~s Prior to any construction in the vicinity of existing utilities, Contractor shall 'pot-hole' or excavate to expose all existing utilities of the project that cross the proposed excavation limits, and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting utility. For existing utilities which parallel and are within ten feet (10') of the proposed excavation limits, Contractor shall excavate and expose said existing utilities at a maximum of 300-feet on center, and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum on center. Contractor shall then prepare a report and submit it to the City for approval indicating the owner of the utilities excavated and surveyed, as well as the approximate Project Station thereof, distance to the proposed excavation centerline, and elevations of the top of the existing utilities. Contractor shall perform no construction work in t_he vicinity of ex/sting utilities u~til &ll e~loratory excavations have been made in their entirety, the results thereof reported to the Engineer mn~ u~til Contrector receives En~ineer,s apDroval of reDort. Exploratory excavations, surveys, and pavement repair associated with the exploratory excavations shall be considered subsidiar~ to the lump sum bid item for 'Dermplition and Miscellaneous Site Preparation'. A-d8 Overhead Electrlcal Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires_ There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc_, to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with the electric utility company and inform the electric utility company 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. Section A - SP Page 22 of 28 A-49 A~ed '~aintenance ~u&ra.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 expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity.' A-50 Plan Sheets The drawings for the project are based on field investigations by the A/E, information in the form of record drawings supplied by the City, and other sources. A-51 Trench Safety If the Contractor's proposed construction u~thods 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. All costs associated with meeting these requirements shall be included in the amount bid for the item 'Trench Safety Plan' as shown in the proposal foils. A-52 Qualifications of M~nufacturer's Field Service Representatives (NOT USED) 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 ful-nished 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 exlDense of correcting any errors and omissions on the drawings or specifications, which are not discovered or reported by the Contractor prior to 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-54 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 w~itten request for additional information. All costs associated with the pre-bid investigation shall be berne by the Bidder, with no compensation from the City_ However, the Bidder shall not perform any investigation at the ~bove project site unless a written request is submitted and approved. The Contractor shall not use the lack of information as a basis for requesting extra compensation. Section A - SP Page 23 of 28 A-55 .i----~ed ~ener&l Proviaions B-2-7 Pre~mratl~ o£ ~ro~olal 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 remaining pages of the Proposal shall accompany the printout. In addition, the printout shall contain the following staten~nt and signature immediately following the Bid Sur~rnary~ (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 b~ t~bulated using these unit prices and no other infor~k3tion from this printout. (Contractor) acknowledges and agrees that the Total Bid A~ount shown will be read as its Total Bid; and further agrees that the official Total Bid amount will be determined by multiplying the Quantity (Colunun II) in the Proposal by the corresponding Unit Price (Columun IV), and then totaling all the extended ar~Dunts_ (Signature) (Title) (Date) A-56 Me&savant a~d Pm~-~--t of Su~sidiary It---m 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 cost of this item of work shall be included in the cost of the item of work to which it is subsidiary. A-57 Pre-qualif~catione Requirements If, according to the standard or technical specifications, any item of material or a manufacturer not na~ed in the specifications desires to be prequalified, the bidder or the manufacturer of the product shall submit to the Engineer at least 14 Calendar Days prior to the Bid date, all information and reference necessary to evaluate that the product is equal in quality to the ones specified_ It is such bidder's or manufacturer's responsibility to provide a complete package of information for this evaluation. The names of the prequalified products or mm~nufacturers will be included in a subsequent Addendum prior to the bid date. A-58 Dewar er ~ng This item is considered subsidiary to the appropriate bid items or shall be measured by the linear feet of trench as described in the Contract Documents where dewatering is needed to keep the excavation dry, as approved by the Engineer, and shall include all costs to provide a dry foundation for the proposed improvements_ Storm water that enters an excavation can be p~n~ped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm Section A - SP Page 2~ of 28 water drainage ditch or storm water inlet_ An alternative to sheet flow is to pu~lp storm water to an area where ponding occurs naturally without leaving the designated work area or by a marunade berm(s) prior to entering the storm water system Sheet flow and ponding is to allow solids screening and or settling prior to entering a stor~ water conduit or inlet_ Storra water or groundwater shall not be discharged to private property without permission. It is the intent that Contractor discharge groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream, the Corpus Christi Marina. Testing of groundwater quality is to be performed by the City, at the City's cost, prior to commencing discharge and shall be retested by the City. at the City's eknpense, a minimum of once a week. Contractor shall coordinate with the City, on all testing. Test will also be performed as each new area of construction is started. Another option for disposal of groundwater by Contractor would znclude pumping to the nearest sanitary sewer system. If discharging to temporary holding tanks and trucking to a sanitary sewer or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions n~y be approved by the Engineer on a case by case basis. Prior to Pumping groundwater from the trench to the sanitary sewer system the Contractor shall contact Mark Shell 857- 1817 to obtain a 'no cost' permit from the Wastewater Dept_ City will pay for any water quality testing or water analysis cost required The peri, it will require an estimate of groundwater flow. Groundwater flow can be esti~ted by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit over night, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. A-59 Storage, Access ~nd Security The Contractor shall be allowed access to the project site via Santa Fe Street. The locations of utility easements and temporary construction easements, access routes, and restrictions on use of the easements and access routes, are shown on the plans (see Plan Sheets No. 3 and 4). Storage (laydown areas) for equipment and materials is limited to the easements located between Ocean Drive and North Hewit Alley, and to the easements located within the First Baptist Church baseball field area. At the end of each day's construction activities, the Contractor shall install temporary chain link fencing or other approved means to impede unauthorized access into the construction area. The temporary fencing shall provide a positive obstacle against imp th pedestrians and vehicular traffic The use of only orange safety netting will not be permitted. The te~rary fencing shall have a minim%tm height of five feet. A-60 Stor~¢ater Pollution Prevention Due to the type and location of this project, stor~rwater pollution prevention (SWPP) is critical, and improper irmplementation can have a negative impact on the adjoining street and private property. Strict compliance to all SWPP items shown on the plans shall be enforced. In addition, if during the course of the project other minor SWPP items are required to limit or control soil erosion or transport of soil, then the Contractor shall implement these ~asures at no increase in the contract price- A-61 T~-%~orar~ ~olid Waste Collection Se~-F~ce The usual solid waste collection service will be disrupted for a total of thirteen (13) of the residences on Ocean Drive, Ocean Park Drive and Hewit Drive while culvert construction and pavement reconstruction takes place on North Hewit Alley_ The usual solid waste collection service for the First Baptist Church and the Koinonia Homes Apartments will be disrupted while culvert construction and Section A - SP Page 25 of 28 pavement reconstruction takes place on the Church driveway and at the Santa Fe Street/Katherine Drive intersection_ The usual solid waste collection service for the Chateau Santa Fe Apartments on Sante Fe Street and two (2) residences on Santa Fe Street (#3042 and #3038) will be disrupted while culvert construction and pavement reconstruction takes place at the Santa Fe Street/Katherine Drive intersection~ The usual solid waste collection service for a total of sixteen (16) residences on Katherine Drive will be disrupted while culvert construction and pavement reconstruction takes place at the Santa Fe Street/Katherine Drive intersection~ Note that there is not enough room on Santa Fe Street, Katherine Drive or Hewit Alley for solid waste service trucks to turn around, and truck traffic is prohibited on Ocean Drive. The Contractor shall provide tw~=e weekly t-,-:~raz~ solid waste collection se~vlce for all of the shove loc&ttons ~Fnensver the usual solid waste collection sez~lce is d/erupted. ~ Contractor shall pro~-ide the Engineer with a m~4~ 5 CelAn~--~ I~mys notice o~ an3f ~sruption to the usual solld waste collection service. The temporally solid waste collection service provided by the Contractor will be on the same day schedule as the usual solid waste collection service. The Payment to the Contractor for providing this te~q~orar~ solid waste collection service shall be considered subsidiary to the lump shun bid item for Mobilization. A-62 ~inte-A-ce ~ud Control o~ W&stewater Flows The Contractor shall be responsible for maintaining sewage flows at all times within the existing sanitary sewer system, and shall not restrict access to residences or businesses. It shall be the Contractor's responsibility to coordinate with the City Wastewater Department regarding any modifications to the existing system flow patterns, such as rerouting flows or by-pass plumping_ such system modifications will be subject to approval by the Engineer and the City Wastewater Department, and shall not interfere with the proper operation and function of the wastewater collection system, and shall not restrict access to residences or businesses. In general, the flow level of wastewater in the sanitar7 sewer system during construction shall be maintained equal or below that of existing conditions, unless prior approval is received from the Engineer and the City Wastewater Department. The Contractor shall be responsible for any damage to residences or businesses caused by his failure to maintain the usual sanitary sewer flow level. The Contractor shall be responsible for coordinating the review of any system modifications sufficiently in adva/~ce of proposed construction operations so as to avoid any delays in same_ Sewage or other liquid shall not be pumped, bailed or flumed over the street or ground surface. No sewage or other liquids shall be handled by allowing flexible or rigid bypass pipeline through the City's stormwater lines. To bypass the flow, the connections to the existing facilities shall be made over the surface by means of flexible and/or rigid pipes, or with flexible and/or rigid pipes placed in a covered trench_ The pipe used for bypassing this flow shall be strong enough to resist any traffic load, and the size of the pipe shall be capable of handling the · ncoming discharge but small enough to not create hindrance to the traffic flow or create any blockage or accident_ The Contractor shall be responsible for providing access to the private properties and streets and mintain a smooth traffic flow during the entire construction phase of this project The construction and operation of temporary gravity flow lines, force nmain lines, p%unping equipment, plugs, flow diversion structures, etc , required to maintain and control system flows shall be the responsibility of the Contractor_ The construction of temporary gravity flow lines, force main lines, pumping equipment, Dlu~s, flow diversion structures, etc_, required fo maintain and control system flows, and the repair of pavement and grass areas damaged by the constr~ction, shall be considered subsidiary to the various sanitary sewer bid ite~ in the Contract, and shall not be measured for payment_ Section A SP Page 26 of 28 A-63 Dust Control The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant_ When necessary, dusty materials in piles or in transit shall be covered to prevent blowing dust. Buildings shall be adequately protected from dust. Monthly payment will be withheld if this provision is not followed A-64 Noise Control and Working Hour Restrictions The Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the nor/hal ambient sound levels in the area during working hours All construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a ~nner to cause the least amount of noise consistent with efficient performances of the Work_ Any work which creates a noise level above the ambient sound levels shall not commence before 7:30 a.m. or continue after 7:30 p_m. without prior approval from the Engineer_ A-65 A~d/tional T~me for Co~letion/~.~quidated D-m-ges V~For~tion Related to The Contractor is hereby notified that time is of the essence on this project. Currently, the City is in the process of acquiring permanent and teraporary easements for this project (status will be provided at the Pre-Bid Meeting). Within ten (10) Calendar Days after receipt of the written Notice To Proceed, the Contractor shall commence construction within the areas of the project that are within existing right of--way, existing or newly acquired easements. As noted in Section A-6, the working time for completion of the project shall be within 240 C&le~-~ Days. In the event that any particular easement has not been Contractor requiring that easement for construction, the on hold until the easement is acquired. acquired prior to the Project will be placed Calendar Days will not be counted against the completion date while construction is on hold due to easement acquisition. Once the Contractor has been notified that the easement has been acquired, construction shall coa~nence again and the Contractor shall re--mobilize within 7 Calendar Days (not counted against the completion date limit) at no additional cost to the City_ The Contractor shall then proceed to complete the remainder of the Work in a timely maruner, within the remaining allotted number of Calendar Days. The Contractor shall have no claim for delay compensation_ Section A SP Page 27 of 28 ~Ppr'IC~mr-~ SPECIFICATION OR SUBMITTAL TRANSMITTAL FORM Section A - SP Page 28 o£ 28 COMPU F~R PRINT-OIYF DEI. Iv~ y~qF.A ST~-, i IlvlYRO 1,rk~6r~ S PI-IA SE UI OCTOBHR 23.1996 {YOUR COMPANY' S I~ l-lFl~lq] I 11 m Bkl ll~ QtT. l~m D~ril~ A I 37,475 SY A2 5,033 SY 6" 33 EA Mauhole l~erts Sub-T,:~l B~: Bid "D" Items ('Items D I-D21) Sub-To~l B$.s,: Bid 'A" I~m$: $ Sub-To~l Bm:~ Bid ~" l~: $ Sub-T~ ~ B~ "D" I~: $ To~ B~ Bid I~: S I~ Unit Prk~ m Bid l~m Exl_ F',gur~ Qty. X Unit ~ o0.oo oo oo oo.0o oo_oo SECTIONS C FEDERAL WAGE RATES AND REQUIREMENTS Page I of 3 General Decision Number TX030029 06/13/2003 TX29 Superseded General Decision No. TX020029 State: TEXAS Construction HEAVY HIGh~AY County(ies) ~ CAMERON NUECES VICTORIA HIDALGO SAN PATRICIO WEBB Heavy (excluding tunnels and dam~) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR HEA%rY PROJECTS in Nueces a_nd San Patricio Counties_ Modification Number 0 Publication Date 06/13/2003 COUNTY(les) : CAMERON HIDALGO N~JECES SAN PATRICI0 VICTORIA WEBB SUTX2038A 03/26/1998 Rates ASPHALT PQkKER 6.92 ASPHALT SHOVELER 6_97 CARPENTER 8_11 CONCRETE FINISHER-PAVING 8.22 CONCRETE FINISHER STRUC~3RES 7 98 CONCRETE RUBBER 8.50 b~hAGGER 5_44 FORM BUILDER STRUCTURES 10_04 FORM SWIWER-PAVING & CURB 6_89 FORM SWiWER-STRUCTURES 8 05 LABORER COMMON 6_52 LABORER-UTILITY 7_79 MECHANIC 9_01 SERVICER 7.56 PIPELAYER 7.15 BLASTER 10.65 ASPMJkLT DISTRIBUTOR 7_78 ASPHALT PAVING MACHINE 8_82 BROOM OR SWEEPER OPERATOR 6_95 BULLDOZER 8_31 CRANE. CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 9 59 FOUNDATION DRILL-TRUCK MOUNTED 12_50 FRONT ~ LOADER 7 95 MOTOR GRADE OPERATOR FINE GRADE 10_27 MOTOR G}LkDE OPERATOR 9.42 PLANER OPERATOR 13.50 ROLLER, STEEL WHEEL PLANT- MIX PAVEMENTS 7_82 ROLLER. STEEL WHEEL OTHER FLAT WHEEL OR TAMPING 6.95 Fringes http://192.239.92_ 108/search/davisbacon/current/tx29_dvb ?ts=0_51973500 1100808731 11/18/04 Page 2 of 3 ROLLER, pNEUMATIC, SELF PROPELLED 6.62 SCRAPER 7-35 TRACTOR-PNEUMATIC 6 94 TRAVELING MIXER 7-47 REINFORCING STEEL SETTER STRUCTURES 9-22 STEEL WORKER STRUCTtrRES 11-99 SPREADER BOX OPERATOR 7-25 WOrK ZONE BARRICADE 6.57 TRUCK DRIVER SINGLE AXLE LIGHT 6.92 TRL~ZK DRIVER-SINGLE AXLE }iEAV~f 8-25 TRUCK DRIVER-TA/{DEMA2fLE SEMI- TRAILER 7-33 TRUCK DRIlrER-LOW-BOy/FLOAT 10.00 WELDER 10-07 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 In the lisging 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 DETE}LMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * 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 matters, initial contact, includinG requests for su~u~ries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey 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_ Wrkte to: Branch of Construction Wage Determinations Wage and Hour Division U- S Departn~nt of Labor 200 Constitution Avenue, N_ W_ Washington, D C_ 20210 2_) If the answer to the question in 1_) is yes, then an interested party (those affected by the action) can request http://192-239.92.108/searclffdavisbacon/currenfftx29.dvbgts=O-51°f13500 1100808731 11/18/IM Page 3 of 3 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1_8 and 29 CFR Part 7)_ Write Wage and Hour Administrator U.S_ Department of Labor 200 Constitution Avenue, N_ W_ Washington, D_ C_ 20210 The request should be accompanied by a full statement of the interested party's position and by any infor~tion (wage payment data, project description, area practice m~terial, etc-) that the requestor considers relevant to the issue_ 3_) If the decision of the AcSninistrator is not favorable, an interested party ~y appeal directly to the Achninistrative Review Board (formerly the Wage Appeals Board). write to: Adm/nistrative Review Board U_ S Department of Labor 200 Constitution Avenue, N_ W_ Washington, D_ C. 20210 4.) Ail decisions by the Administrative Review Board are final_ END OF GENERAL DECISION http://192.239.92 108/search/davisbacon/currenfftx29_dvb?ts=O 51973500 1100808731 11/18/04 AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 11TH day of JANUARY, 2005, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Ramos Industries, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $3,009,625.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: LIND~?.R/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEI~ENTS PHASE i PART A - Proj. 2174 (TOTA/~ BASE BID + ADD.ALT. NO_l: $3,009,625.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 LI31DALE/CHENOWETIt SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 H 1 m DESCRIPTION UNIT PRICE IN FIGURES PART 1- DRAINAGE AND STREET IMPROVEMENTS Mobilization/Bonds/Insurance, o~5'o~ o0~ $ Per LS Demolition and Miscellaneous Site Preparation, Per LS 1,200 Remove and Replace Existing Fence, LF Complete In Place Per LF 3,650 Trench Safety Plan, LF Complete In Place Per LF 2,500 Well-Pointing for Storm Drain Culverts, LF Complete In Place Per LF 1 LS 935 LF Tie-In At Existing Ocean Drive Culvert, Complete In Place Per LS 9' x 9' Box Culvert, Complete In Place Per LF 1,430 8' x 8' Box Culvert, LF Complete In Place Per LF 115 LF 1 EA 2 EA 100 VF 5 EA 5' x 5' Box CulverL Complete In Place Per LF Post Inlet w/Flume & Apron At Ocean Park Dr., Complete la Place Per EA Post Inlet w/Apron & Curb At Hewil Alley, Complete In Place Per EA 48" RCP Manhole for Box Culvert, Complete In Place Per VF 48" RCP Tee Fitting for Box Culvert Manhole, Complete In Place Per EA V BID ITEM EXTENSION (QTY & UNIT PRICE IN FIGURES~ Proposal Form Page 3 of 11 LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I H BID QTY & EA 15 3 BA 16 3 EA 17 4 EA 18 6 EA BA 2O 6 EA 21 10 LF 22 120 LF 23 50 LF 24 20 LF 25 2 EA 26 l EA 27 10 LF IH DESCRIPTION 48" RCP Cross Filling for Box Culvert Mm]hole, Complete In Place Per EA Manhole Top w/Solid Cover for Box Culvert, Complete In Place Per EA Manhole Top w/Grate Cover for Box Culvert, Complete In Place Per EA Manhole Top w/Plugged Cover for Box Culvert, Complete In Place Per EA 5' Curb Inlet, Complete In Place Per EA 5' Extension for Curb Inlet, Complete In Place Per EA City Standard Storm Drain Manhole (Type A or B), Complete In Place Per EA 48" RCP Lateral, Class III, Complete In Place Per LF 36" RCP Lateral, Class HI, Complete In Place Per LF 24" RCP Lateral, Class Ill, Complete In Place Per LF 18" RCP Lateral, Class 11I, Complete In Place Per LF 36" 45 Degree RCP Bend for Lateral, Complete In Place Per EA 24" 45 Degree RCP Bend for Lateral, Complete In Place Per EA 16" PVC Lateral, C905 SDR 18, Complete In Place Per LF IV V BID ITEM EXTENSION UNIT PRICE (OTY & UNIT PRICE IN IN FIGURES FIGURES) ~00~ 2 ~ Proposal Form Page 4 of 11 LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE I PART A I H BID QTY & ITEM U hq"'l' 28 40 LF 29 1 LS 30 1 LS 31 1,200 SY 32 1,200 SY 33 1,200 SY 34 450 LF 35 20 SY 36 1,300 SF 37 2 EA 38 3,120 SY 39 1,200 LF 40 4,500 SY 41 llI IV DESCRIPTION 12" PVC Lateral, C900 SDR 18, Complete In Place Per LF Alta Vista Arroyo Headwall/Grating/Sideslope, Complete In Place Per LS Tie-ln Existing 4" PVC French Drain, Complete In Place Per LS Geogrid for Pavement (Santa Fe/Katherine), Complete In Place Per SY 12" Crashed Limestone Base (Santa Fe/ Katherine), Complete In Place Per SY 4" HMAC Type D (Santa Fe/Katherine), Complete In Place Per SY 6 Curb And Gutter (Santa Fe~Katherme or Hewit Alley), Complete In Place Per LF 6" Concrete Driveway (3042 Santa Fe), Complete In Place Per SY Concrete Sidewalk, Complete In Place Per SF Curb Ramps, Complete In Place Per EA 8" Concrete Pavement (Church Driveway), Complete In Place Per SY Header Curb (Hewit Alley), Complete In Place Per LF Rework/Stabilize Exist Base Material Otewit Alley), Complete In Place Per SY 4,500 3" HMAC Type D (Hewit Alley), SY Complete In Place Per SY UNIT PRICE IN FIG LrRF~ 75 V BID ITEM EXTENSION (OTY & UNIT PRICE l~ FIGURE~L $ :~, or0 50 4 $ / Yoo~ $ /I,9~° $ $ ,9 oaa $ 13'72t~ Proposal Form Page 5 of 11 LINDALE/CltENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I BID ITEM 42 43 44 45 46 47 48 H QT¥ & UNIT 1 150 SY SY 1,500 SY 1 LS 1 LS 1 LS IV UNIT PRICE IN FIGURES DESCRIPTION Grade Swale- Hewit Drive to Hewit Alley, Complete In Place Per LS Grass Seeding- Bermuda (Incl 4" Topsoil), Complete In Place Per SY Blanket Sodding- Bermuda (Incl 4" Topsoil), Complete In Place Per SY Blanket Sodding-St. Augustine (Incl 4 lOpSOll), Complete In Place Per SY Stormwatcr Pollution Prevention, Complete In Place Per LS Traffic Con~'ol Ocean Drive, Complete In Place Per LS Traffic Control Santa Fe To Lawnview, Complete In Place Per LS V BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURES3 $ I o,. 5-O"-v~ SUBTOTAL PART 1 (BID ITEMS I THROUGH 48): 49 50 51 52 53 170 LF 10 EA 1 EA 1 EA 1 EA PART 2- WATER LINE IM~PROVEMENTS DIP Water Line, Class 350 PSI, Complete In Place Per LF 8" 45 Degree MJ DI Bend, Class 350 PS1, Complete In Place Per EA 8" 11-1/4 Degree MJ DI Bend, Class 350 PSI, Complete In Place Per EA 8" x 6" MJ D1 Reducer, Class 350 PSI, Complete In Place Per EA 8" x 6" DI Tapping Sleeve With Valve And Box, Complete In Place Per EA $ ~-0 ~ Proposal Form Page 6 of 11 LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I BID ITEM 54 55 56 57 58 59 60 6l 62 63 H EA 6 EA 115 LF 4 EA 3 EA 2 EA 1 EA I EA 1 EA 6 EA III IV V DESCRIPTION 8" MJ DI Plug, Complete In Place Per EA 8" Water Line Tie-In, · Complete In Place Per EA 6" DIP Water Line, Class 350 PSI, Complete In Place Per LF 6" 45 Degn~ MJ DI Bend, Class 350 PSI, Complete In Place Per EA 6" 22-1/2 Degree MJ DI Bend, Class 350 PSI, Complete In Place Per EA 6" l 1-1/4 Degree M3 DI Bend, Class 350 PSI, Complete In Place Per EA 6" x 4" MJ DI Reducer, Clmss 350 PSI, Complete In Place Per EA 6" x 4" D1 Tapping Sleeve With Valve And Box, Complete In Place Per EA 6" MJ D1 Plug, Class 350 PSI, Complete In Place Per EA 6" Water Line Tie-in, Complete In Place Per EA BID ITEM EXTENSION UNI~ PRICE (OTY & UNIT PRICE IN IN FIGURES FIGURES) SUBTOTAL PART 2 (BID ITEMS 49 THROUGH 63): $ .5'-too 64 65 185 LF 205 LF PART 3- SANITARY SEWER. IMPROVEMENTS Well-Pointing for Sanitary Sewer, Complete In Place Per LF 12" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF Proposal Form Page 7 of I 1 LENDALF_,/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I H BID OTY& ITEM UNIT 64 185 LF 65 205 LF 66 300 LF 67 2 EA 1II IV V DESCRIPTION Well-Pointing for Sanitm'y Sewer, Complete In Place Per LF 12" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF 8" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF Sanitary Sewer Manhole, 0' qS' Depth, Complete In Place Per EA BID ITEM EXTENSION UNIT pRICE (OTY & UNIT PRICE IN IN FIGURES FIGURES) ,20 /'7oo O~ SUBTOTAL PART 3 (BID ITEMS 64 THROUGH 67): (Please type or print clearly) TOTAL BASE BID (Bid Items 1 thru 67; Part 1 + Part 2 + Part 3): $ 2/~7~, ~ }j~ ~ NOTE: The above unit prices must include all labor, maledals, removal, overhead, profit, insurance, etc., to cover the finished work of the severr~l kinds called for, and the Owae~ reserves the right to increase or decrease ~e quantity of arty hid item- The above quantities are apgroximate, i~clude an additional contingency in some cases, and may vary rxom ~he final quantities. DO NOT ORDER MATFIIIAL BASED ON TI:II*RE APPROXIMATE QUANTrl t~S- ADDITIVE ALTERNATE BID ITEM No. 1 I H HI IV B~'D OTY & UNIT PRICE ITEM UNIT DF~SCRIPTION IN FIGURF~ V BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURES} AA 250 No. I LF Purchase 9' x 9' Box Culvert, temporarily store at the manufacturer's facihty (yard) for a maximum of four (4) months and then deliver to the Lindale/Chenoweth Subdivision Drainage Area Improvements Construction Site (material / handling / storage / delivery only---no installation requi~ed under this item), Complete delivered at site per LF Proposal Form Page 8 of 11 , / T2,£00 ADDENDUM NO. 1 Attachment No. 3 Page 1 of I The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 240 CAT.~9~DAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. C~ty will pay Contractor contract in accordance with progresses. Signed in 4 parts above. in current funds for performance of the the Contract Documents as the work at Corpus Christi, Texas on the date shown ATTEST~ City Secretary CITY OF COi~PUS CHRISTI Ronald F_ Massey, Asst. Ci~Mgr. of Public Works and Utilities .cVED AS TO LEGAL FORM: i fy ttorney ATTEST: (If Corporation) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) Ang~ ~(. Escobar, P.E. Director of Engineering Services CONTRAC~ TSfle: 3636 Pasadena Blvd. (Address) Pasadena, TX 77503 (City) (State) (Zip) 713/475-1422 * 713/475-2677 (Phone) (Fax) Agreement Page 2 of 2 D PROPOSAL FORM/ I S C LO S U RE S TAT EME FOR N T LINDALE/CHW. NOWETH SUBDIVISION DRAINAGE IMPROVEMENTS PHASE 1 PART A DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 11 PROPOSAL Place: Pasadena Date: 12/08/04 Proposal of Ramos Industries, Inc a Corporation organized and existing the State of Texas OR under the laws of a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes materials, tools, and necessary equipment, required for: to furnish all labor and and to perform the work LIND~T.w~/CHENOWET~ SUBDMSION DRAINAGE AREA IMPROVEMENTS PHASE I PART A at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: Proposal Form Pag¢2ofll LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PBASE 1 PART A I II HI IV BID QTY & UNIT PRICE ITEM UNIT DESCRIPTION IN FIGURES 1 2 3 4 5 6 7 8 9 10 ll 12 13 1 LS 1 LS 1,200 LF 3,650 LF 2,500 LF 1 LS 935 LF 1,430 LF 115 LF 1 EA 2 EA 100 VF 5 EA PART 1- DRAl~AGE AND STREET I~[PROVEMENTS Mobilization/Bonds/Insurance, Per LS Demolition and Miscellaneous Site Preparation, Per LS Remove and Replace Existing Fence, Complete In Place Per LF Trench Safety Plan, Complete In Place Per LF Well-Pointing for Storm Drain Culverts, Complete In Place Per LF Tie-In At Existing Ocean Drive Culvert, Complete In Place Per LS 9' x 9' Box CulverL Complete In Place Per LF 8' x 8' Box Culvert, Complete In Place Per LF 5' x 5' Box Culvert, Complete In Place Per LF Post Inlet w/Flume & Apron At Ocean Park Dr., Complete In Place Per EA Post Inlet w/Apron & Curb At Hewit Alley, Complete In Place Per EA 48" RCP Manhole for Box Culvert, Complete In Place Per VF 48" RCP Tee Fitting for Box Culvert Manhole, Complete In Place Per EA V BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURK% ,,qq ---- $ sq, 3oo $ 3 7~ 50 o $ E-o, 009 Proposal Form Page 3 of 11 LINDALE/CHENOWETH SUBDMSION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I BID ITEM 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 I1 2 EA 3 EA 3 EA 4 EA 6 EA 5 EA 6 EA I0 LF 120 LF 50 LF 20 LF 2 EA 1 EA 10 LF 111 IV V UNIT PRICE DESCRII~ION IN FIGURES 48" RCP Cross Fitting for Box Culvert Manhole, ~- ~ -- Complete In Place Per EA r o oo__~ BID ITEM EXTENSION (OTY & U]NI1 PRICE IN FIGURES] $ ~,,OOo Manhole Top w/Solid Cover for Box Culvert, Complete In Place Per EA Manhole Top w/Grate Cover for Box Culverl. Complete In Place Per EA Manhole Top w/Plugged Cover for Box Culvert, Complete In Place Per EA s' Curb Inle Complete In Place Per EA 5' Extension for Curb Inlet. Complete In Place Per EA City Standard Storm Drain Manhole (Type A or B), Complete In Place Per EA 48" RCP Lateral, Class III, Complete In Place Per LF 36" RCP Lateral, Class III, Complete In Place Per LF 24" KCP Lateral, Class IH, Complete In Place Per LF 18" KCP Lateral, Class 1II, Complete In Place Per LF 36" 45 Degree RCP Bend for Lateral, Complete In Place Per EA 24" 45 Degree RCP Bend for Lateral, Complete In Place Per EA 16" P¥C Lateral, C905 SDR 18, Complete In Place Per LF Proposal Form Page 4 of 11 LINDALE/CI:IENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I H Bm 9TY & ITEM UNIT 28 40 LF 29 I LS 30 LS 31 1,200 SY 32 1,200 SY 33 1,200 SY 34 450 LF 35 20 SY 36 1,300 SF 37 2 EA 38 3,120 SY 39 1,200 LF 40 4,500 SY 41 4,500 SY III IV V DESCRIPTION 12" PVC Lateral, C900 SDR 18, Complete In Place Per LF Alta Vista Arroyo Headwall/Grating/Sideslope, Complete In Place Per LS Tie-ln Existing 4" PVC French Drain, Complete In Place Per LS Geogfid for Pavement (Santa Fed Katherine), Complete In Place Per SY 12" Crushed Limestone Base (Santa Fed Katherine), Complete In Place Per SY 4" IIMAC Type D (Santa Fed Katherine), Complete In Place Per SY 6" Curb And Gutter (Santa Fe/Kalherine or Hewit Alley), Complete In Place Per LF 6" Concrete Driveway (3042 Santa Fe), Complete In Place Per SY Concrete Sidewall Complete In Place Per SF Curb Ramps, Complete In Place Per EA 8" Concrete Pavement (Church Driveway), Complete In Place Per SY Header Curb (Hewit Alley), Complete In Place Per LF Rework/Stabilize Exist Base Material (Hewit Alley), Complete In Place Per SY 3" HMAC Type D (Hewit Alley), Complete In Place Per SY BID ITEMEXTEN$ION UN1TPRICE (OTY& UNITPRICEI~ 1NFIGURES FIGORE~ $ I;J, $ 3,°~° $ 11,)g° $ lo~° $ ~C9°~ $ 90°0 Proposal Form Page 5 of 11 LINDALE/CHENOWETIt SUBDIVISION DRAINAGE AREA IMPROVEMENTS PltASE 1 PART A I II'EM 42 43 44 45 46 47 48 II QTY & UNIT LS 150 SY 3,300 SY 1,500 SY LS LS LS IH IV UNIT PRICE IN FIGURES DESCRIPTION Grade Swale- Hewit Drive to Hewit Alley, Complete In Place Per LS Grass Seeding- Bermuda (incl 4" Topsoil), Complete In Place Per SY Blanket Sodding- Bermuda (Incl 4" Topsoil), Complete In Place Per SY Blanket Sodding-St. Augustine (Incl 4" Topsoil), Complete In Place Per SY Stormwater Pollution Prevention, Complete In Place Per LS Traffic Control Ocean Drive, Complete In Place Per LS Traffic Con~'ol Santa Fe To Lawnview, Complete In Place Per LS V BID ITEM EXTENSION (OTY & trNIT PRICE 1~ FIGURES) $ d-r0- $ Io/So~~ SUBTOTAL PART I (BID ITEMS 1 THROUGH 48): 49 51 52 53 170 LF lO l 1 EA 1 EA PART 2- WATER LINE IMPROVEMENTS 8" DIP WaterLine, Cia.ss 350 PSI, Complete In Place Per LF 8" 45 Degree MJ DI Bend, Class 350 PSI, Complete In Place Per EA 8" 11-1/4 Degree MJ DI Bend, Class 350 PSI, Complete In Place Per EA 8" x 6" MJ DI Reducer, Class 350 PSI, Complete in Place Per EA 8" x 6" DI Tapping Sleeve With Valve And Box, Complete In Place Per EA $ ff./goO 4--£0-- Proposal Form Page 6of 11 ! H BIB Q~ & ITEM UNIT 56 115 LF 57 4 EA 58 3 EA 59 2 EA 60 l EA 61 1 EA 62 1 EA 63 6 EA LINDALE/CHI*~NOWETH SUBDMSION DRAINAGE AREA IMPROVEMENTS PHASE I PART A HI UNIT PRICE DESCRIPTION IN FIGURES 8" MJ DI Plug, [90 Complete In Place Per EA 8" Water Line Tie-In, , Complete In Place Per EA 6" DIP Water Line, Class 350 PSI, Complete In Place Per LF 6" 45 Degree MJ D1 Bend, Class 350 PSI, Complete In Place Per EA 6" 22-1/2 Degree MJ DI Bend, Class 350 PSI, c( ~-0 Complete In Place Per EA 6" I 1-1/4 Degree MJ DI Bend, Class 350 PSI, Complete In Place Per EA 6" x 4" MJ DI Reducer, Class 350 PSI, Complete In Place Per EA 6" x 4" DI Tapping Sleeve With Valve And Box, Complete In Place Per EA 6" MJ DI Plug, Class 350 PSI, Complete In Place Per EA 6" Water Line Tie-in, l o ,, 0 Complete In Place Per EA V BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURES') $ 300 $ qo0 -~ $ q'oo 64 185 LF 65 205 LF SUBTOTAL PART 2 (BID ITEMS 49 I'HROUGH 63): PART 3- SANITARy SEWER IMPROVEMENTS Well-Pointing for Sanitary Sewer, Complete In Place Per LF 12" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF $ -$ Proposal Form Page 7ofll LINDALE/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVEMENTS PHASE 1 PART A I H BID QTY ~: ITEM UNIT 64 185 65 205 LF 66 30t) 67 2 HI IV V DESCRIPTION Well-Pointing for Sanitary Sewer, Complete In Place Per LF 12" PVC Sanitary Sewer, C900 SDR lg, Complete In Place Per LF 8" PVC Sanitary Sewer, C900 SDR 18, Complete In Place Per LF Sanitary Sewer Manhole, O' 4' Depth, Complete In Place Per EA [lID ITEM UNIT PRICE (OTY & UNIT PRICE IN IN FIGURES FIGURES) SUBTOTAL PART 3 (BID ITEMS 64 THROUGH 67): (Please type or print clearly) TOTAL BASE BID (Bid Items 1 thru 67; Part 1 + Part 2 + Part ~OTE: The above unit p~iccs must include all labor, materials, removal, oym'hea& profit, insurance, etc., to cover the fin~shed work of the several kinds called for. and the Owner reserves the right to increase or decrease the quantity of any bid item, The above quantities are approximate, include an addiuonal contingency in some c,ases, and may vary from the final quantities. DO NOT ORDER MATERIAL BASED ON TtU02SE APPROXIMATE OUANTITIES. ADDITIVE ALTERNATE BID ITEM No. 1 I H II1 I~ ~ID OTY & UNIT PR/CE ITEM UI~T DF~CRIPTION IN FIGURE~ V BID ITEM EXTENSION (OTY & UNIT PRICE IN FIGURES) AA 250 No. 1 LF Purchase 9' x 9' Box Culvert, temporarily store at the manufacturer's facility (yard) for a maximum of four (4) months and then deliver to the Lindale/Chenoweth Subdivision Drainage Area Improvements Construction Site (material / handling / storage / delivery only--no installation required under this item), Complete delivered at site per LF Proposal Form Page 8 of 1 1 ADDENDUM NO. 1 Attachment No. 3 Page 1 of I 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 contrach we will within ten (I0) calendar days execute the formal contract and will deliver a Performance Bond (as requked) for the faithfifl performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to th~s 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 fro-ns participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 240 Calendar Days 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): 1 - 12/03/04 (SEAL -If Bidder is a Corporation) NOTE: Do not detach bid from ether papers. Fill in with ink and submit complete with attached papers Respectfully submitted: (SIGNATURE) Address: 3636 Pasadena Blvd Pasadena Tx (P.O. Box) (Street) Telephone: 713-475-1422 PR(7/90) Proposal Form Page 9 of I 1 cn"y OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Cofl~us ChdslJ Ordinance 17112, as erne~ded, requires all perso~s or §rms seeldng Io do business wtlh the City Io provide the following informaUon. Every question must be answered. It the quesQo~ is not eppiicabie, answer with FIRM NAME: Ramos Industries, Inc STREET: 3636 Pasadena Blvd CITY: Pasadena ZIP: 77503 FIRM is: 1. Corporation ~] 2. Partnership [] 3. Sole Owner [] 4~Associafion [] 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet_ t. 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 -None- Job TiUe and City Department (if known) State the names of each 'official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more el' the ownership In the above named "firm". Name Tire -None- State the names of each "board member" of the CRy of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named ''firm". Name Board, Commission or Committee -None- 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 mere of the ownership In the above named "firm". Name Consul[an[ -None- CERTIFICATE I certify that all information provided is thJe and correct as of the date et this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted IQ the City el~ Corpus Ch~s,~e~,s as changes occur. Cerfl[yJng Person: R?sbei-/.. - tKa~ys ~ Title: President ~Type or~J~nt) /~l Signature of CertJfying Person: /~-- ~ ~ ~ Date: 12/08/04 Proposal Form Page 10 of 1 t DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Chdsti, Texas, b_ "Employee". Any person employed by the City of Corpus Chdsti, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Proposal Form Page 11 ofll BOND N0.: 104443401 PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES K~OW ALL BY THESE PRESENTS: THAT Ramos Industries, Inc. of HARRIS County, T%%~si~ hereinafter called "Principal", andT~AVELERS CASUALTY AND SURET~ COMPANYr , corporation organized under the laws of the State of CONN. , 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 TH~ MILLION, NINE THOUSAND, SIX H~INDRED TWENTY-FIVE AND N0/100 ($3,009,625.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 11TH of JANUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: LIND~.R/CHENOWETH SUBDIVISION DRAINAGE AREA IMPROVE~4ENTS PHASE 1 PART A - Proj. 2174 (TOTAL BASE BID + ADD.ALT. Ne.l: $3,009,625.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet Vernon's Civil Statutes of Texas, State of Texas. the requirements of Article 5160, and other applicable statutes of the The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. one IN WITNESS WHEI~EOF, this instrument is executed in __ of which shall be deemed an original, this the JANUARY , 2005 4 copies, each 20TH day of PRINCIPAL ~U~IE$, IN~. ATTEST The Resident Agent of the Surety in Nueces Cou~tv, notice and sez-~ice of process is: Agency: Contact Person: Address: ELSEY & ASSOCIATES JACKIE KINGSBURY 800 N. SHORELINE BLVD., CORPUS CHRISTI, TEXAS #340 Texas, for d~li~y of Phone N,~-her: 361-866-8400 fNOTE: Date of Performance Bond must not be prior to date of contract) Revised 9/02) Performance Bond Page 2 of 2 BOND N0.: 104443401 PAYMENT BOND STATE OF TEXAS § COUNTY OF ~umCES § K/~OW .AT.t, BY THESE PRESENTS: THAT Ramos Industries, Inc. of HAB_RIS Countv__Texas, hereinafter called Principal", and , a corporation organized under the laws of the State of CONN. and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of THREE MILLION, NINE THOUSARD, SIX uuNDRED T~Y-FIVE ~ NO/100 ($3,009,625.00) DOLLARS, lawful money of the United States, to-be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CO~rDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the llTH day JARTJARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: LIND~?.R/CHENOW-ETH SUBDIVISION DRAINAGE ;%REA IMPROVEMENTS PHASE I PART A - Proj. 2174 (TOTAL BASE BID + ADD.ALT. NO.1: $3,009,625.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROV-/DED 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 iE 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 kond Page 1 oF 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. one IN W~TNESS WHEREOF, this instrument is executed in 4 of which shall be deemed an original, this the 2UT~- JANUARY , 20 05 copies, each day of PRINCIPAL (Print Name & Tztle) ' ' ' ATTEST SURETY T~V~ERS CASU~% AND SURE~ CO~ANY / 30~NN PAI~KER (Prln~ Name} The Resident Agent of the Su~et~ in Nueces Countv, notice and service of process Agency: Contact Person: ELSEY & ASSOCIATES JACKIE KINGSBURY 800 N. SHORELINE BLVD., COP~PUS CHRISTI, TEXAS #340 Texas, for d~livery of Phone N,~.Ber: 361-866-8400 (NOTE: Date of Fayment Bond must nDE be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 W STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a shod-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism_ We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 pement of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the federal govemment or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your. overall premium, and is no more than one percent of your premium. rhT-I01B (9/04) TRAVELERS CASUALTY AND SURETY COMPANY OF AtMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY tlartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORxNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AblERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly o rgainzed under the laws of the State of Connecticut. and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: C. W. Adams, Harlan J. Berger, Andrew J_ Janda, Donald E. Woodard, Jr., Jacquelyn Kingsbury, Michael Cole, Sue Kohler, Cheryl R. Colson, Sharon Cavanaugh, Leland L. Ranch, JoAnn Parker, of Houston, Texas, their l~'ue and lawful Ailomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place w~thin the United States, the follow~ng instrument(s): by Ns/her sole signature and act, any and all bonds, recognizances, contracts of inderrmity, and other w-rmngs obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authortzed officers of the Companies, and all the acts of said Atlorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and corff'trmed. This appomlment is made under and by authority of thc following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: Treat the Chairman, the President, any Vice Chairman, any Executive Vice PresidenL any Senior Vice President, any Vice PresidenL any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secrelary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authori~ may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or ~y Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in wrilmg and a copy thereof is filed in the office or,he Secretary VOTED: Trna/any bond, recognizance, contract of indemnity, or wriung obligatory in the nature ora bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any A~istant Secretary and duly arrested and sealed with the Company's seal by a Secretary or Assistant Secretary, or 0o) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their cemficates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution Is now in full force and effect: VOTED: 'Fha/ the signature of each of the following olTlcers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assista.nt Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice PresidenLs, Resident Assistant Secretaries or Attorneys-in-Fact for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fro:simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified b y such facsimile signamre a nd facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is aUached. (1l 00Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURZTY COMPANY and FARMINGTON CASUALTY COMPANY have caused ti:tis instrament to be signed by their Senior Vice Presidenl and theft- corporate seals to be hereto affixed this 10th day of November, 2003. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD eeo TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARM1NGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this I 0th day of November, 2003 before me personally came GEORGE W_ THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SUI~TY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations descn'bed m and which executed the above instrument; that he/sbe knows the seals of said corporations; that the seals affixed m the said mstxument axe such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. e My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMI~GTON CASUALTY COMPANY, stock corporations of the State of Cormeeficot, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and ha~ not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force, 20TH Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated Il:tis day of JANUARY ,20 0fi eec By Kori M. Johanson Assistant Secretary, Bond Travelers IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of Amc'rica, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmingtoa Casualty Company for information or to make a complaint at: Travelers Bond At'm: Claims 1500 Market S a'eet West Tower, Su/te 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3107 Fax ***PLEASE INCLUDE THE BOND NUS~ER*** You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Depa~ hneut of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TillS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Propcn~'y Code, effective September 1, 2001. ~,m,lu~: e,c,:,4e 552RAMOSIND ACORD; CERTIFICATE OF LIABILITY INSURANCE Summit Global Partners of Texas, Inc. Three Riverway, Suite 1000 Houston, TX 77056-1909 INSURED Ramoslndustries, lncw// P. O. Box 5685 Pasadena, TX 77508-5685 COVERAGES 1/20/04 THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO[DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POECIES BELOW. INSURERS AFFORDING COVERAGE INSURERA~ Twin City Fire Ins. Co. INSU~ER S: Arch Specialty Insurance Co. iNSURER C: Hartford Underwriters Ins. Co. INSURER D: Travelers Lloyds Ins. Co. INSURER E: NAIC # THE POLICIES OF INSURAJ~CE LISTED BELOW HAV~ SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TER~ OR CONDITION OF .~NY CONTP~CT OR OTHER DOCUMENT V~TH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU6JECT TO ALL THE TERMS, E)(CLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMrFS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A GE~NERAL UA~LrrY 61CQT1261 .~ 11/01104 11/01105 A AUTOMOBILE UAmLrrY V~ 61UENQT1262 ~ 11/01/04 1 t/01/0~ X ~o ~ ~ ~ Physl~l Damage ~ducfibl~: $1000 Comp $1000 Coil D o'm~ Equipment ULP000248'I00 11101104 11101105 61WEQT1260 11/01/04 11/01/05 QT6600528B565 11/01/04 11/01/05 Deductibles: $2,500 Min $10,000Max D~IPTION O~ OPI~A~ONS / I.DCA'nO~ S f VEHICLES / EXC~.USIO+~E ADDED BY ENDORSEMENT / SPEC[AL PROVISIONS Re: Undale/Chenoweth Subdivision Drainage Area Improvement, Phase I, Pa~t A; ProJect~ 2174. Blanket Additional Insured(GL,AL) per written contract, Blanket Waiver of Subrogatton(GL, AL,WC) per written contracL Additional Insured and Waiver In favor of certificate holder. CERTIFICATE HOLDER City of Corpus Christi Department of Engineering Services Attn:Contract Admlnisb'ator P. O. Box 9277 Corpus Christi, TX 78469-9277 ACORD 2~ (2001/08) 1 of 2 ;~S4289871M420067 EACH OCCURRENCE 000,000 DAMAGE TO REN~O aDO OUU MEO ~x~ (Any ~ pe~o~) s5,000 PERSONAl. & ADV I~LIU RY $1,000,000 GE NERAL AGGREGATE P~o~ucrs - oo~toF a~ $2,000,000 COMBINED 8INGLE LIMIT ¥~'el BODILY IN. JURY EAC,H OCCURRENCE ~/$4,000,000 AeGREC~,TE S4,000,000 $ x IT~¥L""~I I0~- EL EACHACC~DENT ill000,000 F/ E.L DISEASE - EA EMPLOYEE $1,000, 000 E L DiS E.~E - POLICY LIMFT SIi000,000 Owned,Leased & Rented $300,000 Max par Item $600,000 Occur. Limit CANCELLATION / SHOOLD ANY OF I~E ABOVE DESCRIBED POU(~E$ BE CANC~U..ED BEFORE THE EX~I RATION ANI · ACORD CORPORATION 1see IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does no/ confer rights to the cedificate homer in lieu of such endorsemenl(s). If SUBROGATION IS WAIVED, subject 1o the lerms and conditions of the policy, certain policies may require an endorsement. A statement on this cartificate does not confer dgh/s to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side ot this form does not censtitute a contract bebNeen [he issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it alfirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. A~ORD 25-S (2001/0~) 2 of 2 ~4289871M420067 POLICY NUMBER: 61CQT1261y/ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CG 20 ]0 11 85 ~ADDITIONAL INSUREDOWNERS, LESSEES OR CONTRACTORS (FORM B) This eodorsemenl modifies Insurance provided under the Iollowing: ,i/COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi , Department of Engineering Services ~ Attn: Contract Administrator PO Box 9277 Corpus Christi, TX 78469-9277 {if no entry appears above, information required [o complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CL 2~6 WHO IS AN INSURED (Section ti) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out oF "your work" for that insured by or Ior you. CopyrighL, Insurance Services Of/ice, Inc., ]984 TE 99 0lB ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COYE~.AGE FORM GARAGE COVERAGE FORM TRUCKERS GOVEZ. AGE FORM This endorsement changes the policy effective on the inception dale of the policy unless another date is indicated below: Endorsement Effective []/[/06, Policy Number 61UENQT1262 Named Insured Ramos Industries, Inc. ~ Countersigned by - (Authorized Representative) The provis~ons and ex'ctuslons that OODIv to LIABIUTY COVER. AGE also aoolv to this endorsement. The City of Corpus Christi Department of Engineering Services ~/ PO Box 9277 Corpus Christi, TX 78469-9277 ,s an msurea, out only w,Th respect to legal responsibility for acts or omissions of a person for whom Uability Coverage is afforded under this policy. The additlm~l tm~'ed is not required Io pay for any premiums stated in ,fl~e policy or-eorned4rorrt~he~olicy. Any return premium and any dividend, [f app~cable, declared by us shall be paid to you. You are authorized to act for the eda'itional imurKI in all matters pertaining to this insurance. We will mag the add'rti~nal insured notice of any cancellation al~ this policy. If the cancellation is by us, we wi]l give ten days notice to the additional Insured. The addlfiaead ~ured will retain any right of recovery as a claimant under this policy. FORM TE 99 011~ -- ADDITIONAL INSURED Texai Standard Automobile Endo~iemeflt Pre~c~B~ed Mmch 18, 1992 POLICY NUMBER: 6].CQT1261y/' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG02031185 TEXAS CHANGES CL 229 (I1-85) AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsemer)~ modifies insurance provided under [he ./"COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LiABiLiTY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the even[ of cancellation or materiar change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail p, ior writte~ notice of cancellation or ma[eriat change to: 1, Name: City of Corpus Christi, D.epartment of Engineering Services 2. Address: PO Box 9277, Corpus Christi, TX 78469-9277 3. Number of days advance no[ice: 30 TE 02 CANCELLATION PROVISION OR COVE~,~GE CHANGE ENDORSEMENT endorsement rr~od~e~ Jr-~ucance pravided ~ the I~o~owtng: AUTO COV'I~AG~ FOR~ T~IJC:It~t$ COV~I,.AGE endorsement chcmges the poli~y'effecl~,e o~ d'le ~ceptton c~te of ~ po~ ~ another date Is indlcated Endorsement Effective / Poicy N~'n~er 61UENQT1262 11/1/04 City of Corpus Christi, Department of Engineering Services ~/~' PO Box 9277, Corpus Christi, TX 78469-9277 ~Enter ~ ar, d Address) FOeUe. TE 02 O2A -- r. kHC:G.I. ATIOt4 P~.OVlgOH 434 C:QVI~U~GE'a. IANGE B'4DG4.SLJ~,4EN~ P~mcrlmd March 18, 1992 WORKERS COMPENSATION ANL ,tPLOYERS LIABILITY INSURANCE POL~ WC 42 06 01 (Ed. 7-84) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsemenl applies only Io Ihe insurance provided by the policy because Texas is shown in Item 3.A, ot the Inlormation Page. In the evenl ol cancellation or other material change ol the policy, we will mail advance notice [o the person or orga.nizatlon named in the Schedule. The number ol days advance notice is shown in the Schedule. This endorsemenl shall not operale directly or indirectly Io benefll anyone not named In the Schedule, Schedule 1. Numberofdaysadvancenotice: 30 Noticewillbemailedto: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator x~'PO Box 9277 Corpus Christi, TX 78469-9277 Thisgl'~orsemer~l changes Ihe poltc.f Io which R is a~ached and Is effective on Ihe dale Is. sued unless olherwise staled. {The Infom. mfio~ below Is r~qu~red only when Ihis endo~rnenl Is Issued subseque~,l lo preparation1 of Endors~r~nl Eflec~ve 11 / ]/04 Poli~y No. 6 iWEQT1260 y/~ Endomemen! No. Ramos Industries, Inc.,/ Premiums WC 42 O6 01 (Ed, 7-84)