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C2005-131 - 2/22/2005 - Approved
CamRett Corporation s P~ c~i~,, ~OV~S~ONS s P ~ F O~S EC FORMS OF CONTRACTs AND BONDS 2005 Pre. red DEP~ OF ~GI~ER~NG SERVIC~ City of Co~us C~isti 1200 ~oPard Co~us Christi, Texas P~ne: 361/B80-~500 361/B8023501 ~R 02/22/05 M2005-058 ADDENDUM NO. 1 February 3 2005 c ityof 9rpus hrlsti TO: ALL PROSPECTIVE BIDDERS SUBJECT: ROT.T.~.D CURB & GUTTER REPLACEMENT FY 2005 PROJECT NO. 2251 Prospective bidders are herby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. PROPOSAL/DISCLOSURE STATEMENT: PROPOSAL FOI~4: DELETE: The current Proposal Form in its entirety. ADD: The revised Proposal Form (see Attachment No. in lieu thereof. 1), END OF ADDENDUM NO. 1 J~'r/cf ATTACHMENT: NO. 1, REVISED "PROPOSAL FORM" ADDENDUM NO. 1 Page 1 of 1 P.O. Boz ~ · Con~ ChH~I~ T~ 7144~12;"J' · ~12) ~80~68~ PROPOSAL FOR FORM Rolled Curb and Gutter Replac~mAnt FY 2005 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TF.KAS Proposal Form Page 1 of 8 /~dAu~Clendum No. 1 chment No. 1 Page 1 of 8 PROPOSAL Place: Date: Proposal of , a Corporation organized and existing under the laws of State of the OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes materials, tools, and necessary equipment, required for: to furnish all labor and and to perform the work ROLLED CURB AND GUTTER REPLACEMENT FY 2005 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to- wit: REVISED Pmpo~J Form Page 2 of 8 Addendum No. 1 /~ Attachment No. 1 Page 2 of 8 I P~t ~&~ - l~lle~l Cu~ and 9utt~z Bid II III IV V 5,000 A-] L.F. 3,400 A-2 S.F- DESCI~ PTION Removal & Replacement of Curb & Gutter, Complete in place per linear foot. Removal & Replacement of driveway approaches, complete in place per square foot. UI~T PI~CE TOTJtL 1,700 Removal & Replacement of Sidewalks, A-3 S.F. complete in place per square. $ Removal & Replacement of 2,500 pavement/pavement repairs, complete in A 4 S.Y. place per square yard. $ Concrete Curb Ramps, complete in place A-5~1400 S.F. ~Per square foot~ ~ ~E BID P~T ~A" (I~ ~-A6) REVISED Proposal Form Page 3 of 8 Addendum No. 1 /,~ Atlachment No. t Page 3 of 8 B~D XT~ I XI III IV V I~ QTX DESCRIPTIO~ PRXCE TO~L Removal & Replacement of Curb & 2,000 Gutter, complete in place per linear B 1 L.F- foot. $ Removal & Replacement of driveway 1,300 approaches, complete in place per B-2 S.F. square foot. $ Removal & Replacement of sidewalks, B-3 680 S.F. complete in place per square foot. Removal & Replacement of 1, 000 pavement/pavement repairs, complete B 4 S.Y. in place per square yard. Concrete Curb Ramps, complete in B-5 200 S.F. place per square foot.~ w $ TO~A~ ~ BID PART aB" (ITEMS B1-B6) REVISED Proposal Form Page 4 of 8 Addendum No. 1 /~x Attachment No. 1 Page 4 of 8 ~07,,/~D ~.~*~ m~d ~ !~ 2005 8U~BfM~ O~ BXD 1. TOT. AL ~ASE BID PA~T ~A'~ $ REVISED Proposal Form Page 5 of 8 Addendum No. 1 /~ Attachmont No. 1 Page 5 of 8 The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. ~nority/Minorit¥ Bnsinea, Entezl~riae Pmrti~tion: The apparent low bidder shall, within five days of receipt of bids, sub~u[t to the City Engineer, in writing, the names and addresses of }{BE firn~s participating in the contract and a description of the work to be perfomed and its dollar value for bid evaluation purpose. Nu~r of Bi~ ~ets of D~nts: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Ti-~ of C~le~on: The undersigned agrees to cor~plete the work within 365 c~le~,~ax ~y, 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 stun or summ above set forth. Receipt of the following addenda is acknowledged (addenda number): (SEAL - IF BIDDER IS a Corporation) Respectfully subm/tted: Name: By: (S I ~A'~ ) Address: (P.O. Box) (Street) (City) (State) Telephone: (Zip) Dc not detach bid from other papers. Fill in with ink and subm/t complete with attached papers. REVISED Proposal Form Page6 of 8 Addendum No. 1 (Revised August 2000 /'~ Attachment No. t Page 6 of 8 CITY OF CORPUS CHP~ISTI DISCLOSURE OF INTERESTS Ci%-~ of Corpus christi Oz~nanoe 171/2, m~ ~m~m~ed, requ~e~ =11 l~erson~ or fuLz~m ~ to do bsm/~ms with t~ Cit-F to ~zov~ the foLl~_z~ /~foz~at/on. EverF quest/on ----t ~ ~nswere~. If the qu~tion is not a~U-~hle, ~-~r with ~N/A". FIRM NAME: STREET: CITY: ZIP: FIRM is: l.Cor~oratzkon 2.Par~nev.kutp S.Sole Owner 4. A~soc2kat~on DISCLOSURE QUESTIONS If ~,-I,41t~on~.l_ sl~acms is n~o~slar~, please u~e t~e r~v~rse li~ of t~L~ ~ or attach separate State the names of each employee of the City of Corpu~ Christi hasting an ownership interemt constituting 3% or more of the o%rnership in the above n~d fim. Name Job ~tle an~Cit3FD~0mxtm~mt (~f knowz~ 2. State the nam~ of each official of the City of Corpu~ Chrmsti having an ownership interest constituting 3% or more of the o~nership in the above named fi~m. T~tle State the nan~ of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ~wnership in the above named firm_ Name Board, Cm~i~aion oz C(~itt~e State the na~e~ of each employee or officer of a cor~ultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named fi~m. CERTIFICATE I certify that all infozmat/on provided is true and correct a~ of the date of thts statement, ohan~e ~ (T~e or P=int) · i~t-u~ of Cert_i~FlugPerson: REVISED Proposal Form Page 7 o~ 8 Addendum No. 1 /~ Attachment No. 1 Page 7 of 8 DEFINITIONS "Boa-~d ~-~e=". Amish er of ~ny board, oo~ission oz o~ittee ~p~o~tedby the City Counoil of the City of CoL-~us Christi, Texas. '~,~oyee". Any p~rson ,--~.~ol~d b~ the City of Corpus C~risti, Texas, either on a full or p&rt t~-- basis, but not ms *n in~nd~nt ~outraotor. ~Fi=m". Any entity operated for econc~/a g~in, whether p~ofession~l, industriel or o~ ~d ~e~er es~lis~ ~ pr~ or ~al wi~ a prior or ~, inolu~ng ~t not 14~4~ to, entries ~ra~ i~ ~e fo~ of sole pr~=ie~rs~p, as self-~lo~ ~rson, ~rship, ~ration, )o~t ~, ~o~nt ~n~, ~i~rsbip or ~t ~d entices ~, Eot ~Offioi~_l". Th~ Mayor, members of tbs City counoil, Cit~ Man~ger, ~ Ju~ of ~e C~ty of Co~ ~eti, · 'Owner sb~p Tnter~st". Legal or equi t~ble interns t, whe thor ~ tu~_% 1y or oonstruotiv~ly ~ld, in a fi~m, incl-R4~g when suo~ int~st is h~ld through ~n agent, tL-ust, estate or holding entity. Construotively held ~fers to holding or oontrol established through voting trusts, proxies or specia_~ te~ of v~ntur~ or partnership ~-ta. ~Consultant". Any person or firm, such as engineezs ~nd xr~b/teots, hi,ed by the City of Cor~us Christi for ~e pUZl0O~e of p~ofessional oon~u~tet~on and ~cc~ndation _ REVISED Propos~ Fom~ Page 6 of 8 Addendum No. 1 /~ Attachment No. t Page 8 of 8 SPECIAL PROVISIONS SPECIFICATIONS AND FORMS OF CONTRACTS AND BONDS FOR ROLLED CURB & GUTTER REPLACEMENT FY 2005 Prepared by: Jose F. Trejo, P.E., R.P.L.S. DEPARTMENT OF ENGINEERING SERVICES City of Corpus Christi 1200 Leopard Corpus Christi, Texas Phone: 361/880-3500 Fax: 361/880-3501 FOR STORM WATER DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880 3501 IPROJECT NO~ 2251 I DRAWING NO: N/A (Revised 7/5/~0) Rolled Curb and Gutter Re~l&cement FY 2005 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A {Revised Sept. 2000) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) Worker's Compensation Coverage for Building or Construction Projects for Government Entities PART A - SPF~CIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre Bid Meeting A 2 Definitions and Abbreviations 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-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A-13 A/ea Access and Traffic Control A-14 Construction Equipment Spillage and Tracking k-15 Excavation and Removals A-16 Disposal/Salvage of Materials A 17 Ficld Officc (~ot Used) A 10 ~chcdulc and Scqucncc of Construction (Not Used) A-19 Construction Staking A-20 Testing and Certification A 21 Projcct Dignu (Not Used) A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A 23 Inoocction Rcquircd (ncvi~cd 7/~/00) (Not Use4 A-24 Surety Bonds A 25 Salcs Tax Exemption N~ LONO]~I1 A~PLICADL~ (6/11/98) (Not Used) A-26 Supplemental Insurance Requirements A 27 Rcsponsibility for D~magc Claimu (Not Used) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration 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 Conditions of Work A-34 Precedence of Contract Documents A 35 City Watcr Faciliticu Spccial Rcquircmcnta (Not Used) A-36 Other Submittals (Revised 9/18/00) A 37 Amcndcd 'Arrangcmcnt and Chargc for Watcr Furniuhcd by thc City" (Not Used) A-3B Worker's Compensation Coverage for Building or Construction Projects for Government Entities A 39 Ccrtificatc of Occupancy and Final Acccptancc (Not Used) A 40 Amendment to Section B-8-6: Partial Estimates A 41 Ozonc Advi~ory(Not Used) A-42 OSHA Rules & Regulations A 43 An]ended Indemnification & Hold Haz~nless (9/98) A 44 Change Orders (4/26/99) A 45 As Built Dimcnsiono and Dra%;ings (7/5/00) (Not Used) A 46 Disposal of Ilighly Chlorinatcd Watcr (7/B/00) (Not Used) A 47 Prc Construction E×ploratory Excavations {7/~/00) (Not Used) A 48 Overhead Electrical Wires (7/5/00) A 49 Amend 'Maintenance Guaranty" (8/24/00) A-50 Supplemental Time of Completion/Liquidated damages - Curb & Gutter A 51 Estimated Quantities Curb & Gutter A-52 Lists of Specific Locations Curb & Gutter A 53 Geographic Area and Locations Curb & gutter A 54 Pavement Repair A-55 Backfilling Behind New Curbing A 56 Curb & Gutter Cutting & Doweling A 57 Site Sequencing and Maintenance A-58 Saw Cutting Existing Concrete ~nd/or Asphalt A 59 ADA Compliance A-60 Sidewalks and Driveways A-61 Concrete Curb and Gutter A 62 Standard Specification A-63 Construction Drawings ATTACHMENT 'A~ Everhart/Willowwick/Me~a1 C~l&int Area 13 (es referenced in A-53) ATTACHMENT ~B" TYPICAL SECTION (as referenced on Drawing Sheet I of 18) PART E GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS 025205- 025222 025404- 025412 025424- 025610 025612- 030020- 032020 038000- 097020 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement (S 54) Flexible Base High Strength (S-24A) Asphalts, Oils, and Emulsions (S-29) Prime Coat (S 30) Hot Mix Asphalt Concrete Pavement (Class A) (S-34) Concrete Curb and Gutter (S 52) Concrete Sidewalks and Driveways (S-53) Portland Cement Concrete (S-40) Reinforcing Steel (S-42) Concrete Structures (S-41) Exposed Aggregate Finish for Concrete Sidewalks (S51) PART T - TECHNICAL SPECIFICATIONS T-025614 Concrete Curb Ramps LIST OF DRAWINGS Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Typical Application Sheet 6 - Typical Application Sheet 7 - Typical Application Sheet 8 Typical Application Sheet 9 - Typical Application Sheet 10 - Typical Application Sheet 11 - Typical Application Sheet 12 - Typical Application Sheet 13 - Typical Application Sheet 14 Typical Application Sheet 15 Typical Application - Curb, Gutter and Sidewalk Details Standard Driveway Details Standard Driveway Details - Typical Application Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail Traffic Control Detail NOTICE PROPOBAL/DISCLOSURE STATEMENT PERFORMANCE BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Rolled Curb ~nd Gutter Replacement FY 2005; p~rt A: S~ecific Area consisting of the removal and replacement of 5,000 linear feet of curb & gutter; 3,400 square feet of driveway approaches; 1,700 square feet of sidewalks; 400 square feet of curb ramps; 2,500 square yards of pavement repair (within a specific geographic area); Part B: Various Locations consisting of the rerm~val and replacement of 2,000 linear feet of curb & gutter; 1,~00 square feet of driveway approaches; 680 square feet of sidewalks; 200 square feet of curb ramps; 1,000 square yards of pavement repair (city wide); all in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2500 P.m. on We(%nesdav. Feb~u&z-v 9, 2005 and then publicly opened and read. Any bid received after closing time will be returned unopened~ A Pre-bid Meeting is scheduled for T~esdav, February 1, 2005, beginning at 3:00 P.m., and will be conducted by the City. Pre-bid meeting will convene in the En~ineerin~ Services Main Conference Ro(~, located on the 3rd Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non responsive proposal which will not be considered. Failure to provide required perfor~m~nce and payment bends 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 for[eiture 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 ~4~ nO[~O0 Dollars {~50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional (S10.0Q) which is a non-refundable postage/handling charge. The bidder is hereby notified that the o~]er has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," 'workman,' or 'mechanic' employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ ~ngel R. Escobar, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/0Q NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of in the following amounts is required: coverage TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Propert~ Damage Commercial General Liability including: 1. Commercial Form 2 Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations 6. Hazard 7. Contractual Insurance 8. Broad Form Property Damage 9. lndel~ndent CohO-actors IO. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-tern environmental impact for the disposal o[ BUILDERS' RISK INSTALLATION FLOATER $2,000.0(~ COMB [NED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIB IT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SD4GLE LIMIT [] REQUIRED [] NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements [] REQUIRED [] NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements [] REQUIRED [] NOT REQUIRED Page 1 of 2 OThe City of Corpus Christi must be named as an additional ius~red on all coverages except worker's compensation liability coverage. OThe name of the project must be listed under "description of operations" on each certificate of insurance. OFor each insurancc coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior wriaen notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of lnteresl" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS - B WORKER'S COMPE:~SATION COVERAGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GOVE_=d~MENT ENTITIES Texas law requires ~hau most contractors, subccntractors, and others providing work or ser,zices for a City building cr construction pre,ecu must be covered by worker's compensation insurance, authorized self-insurance, or an aDpreved worker's compensa~icn coverage agreement. Even if Texas law does not require a contractor, subcontractor or o=hsrs performing project services (including deliveries to the job site) uo provide 1 of the 3 forms of worker's compensauion coverage, the City will require such coverage for all individuals providing work or ser.'ices on this Project at any time, including during the mainuenance guaranty period. Motor carriers which are required to regisuer with the Texas Department of Transportation under Texas Civil Stauuues Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Secuion 4(j) need not provide 1 of the 3 forms cf worker's compensation coverage. The Contractor agrees to comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.1!0, a copy of whick is attached and deemed incorporated into the project contract. Please note that under secticn 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing sel-vices for the Project; the Contractor is required to submit to the City certificates of coverage for its employees and for all subcontractors and others providing services on the Project. The Contractor is required to obtain and submit updated certificates showing extension of coverage during the Project; and the Contractor is required to post the job site. the required notice at By signing this Contract, the Contractor certifies that i5 will timely comriv with these Notice to Ccntractors "B" requirements. Title 25. ENSL .&NCE Parr II. TE.'C.4.S V,:OR_KEPxS' COMPENSATION COMMISSION Chapter 110. REQUrRED NOTICES OF COVERAGE Subchaprer B. E_MPLO'FER ..NOTICES § 110.II0 Reporting Requirements for Building or Construction Projects for Governmental Entines (a) The £olloVang words and terms, whert used in this rule, shall hzve the following me-~,~ings, Unless the contexx cle_aNy intricates ot,~erwise. Te.,wns not defiae~Z/n th/s mie shall have the mexning de:Sued in the Texa~ l-~bor Code, k'so de..~ed. (1) CerrLfic~te of cove,rage (cexific2r:l-A capy o£a coruscate cf [zsurance, a ce,'xificatc o£aumodD, to sei.~sinmre issued by the c.-oma'mssion, cra workers' compensation coverage a~eement (TWCC-8 I, 'I~VCC-82, -1%VCC-$3, or TWCC-$4), showing statute .ry workers' campermanon insurance coven-age for the person's or entiry's employees (including those subjec~ to a coverage agreement) promding seer/cos on a project, for the duration of the projec-~. (2) Building or cortsr, r'uc-don-Ha~ t~e me~mng defined in the Te.x2.~ Labor Code, ~ 406_096(e)(1). (:t) Contractor-A person bidding for or awarded a building or coasu-uc'don project by a govemment~.l entity.. (4) Cover-age-Workers' compensation in ,sm--anco me, ting the stzruto .fy requirements of the Texa.~ Labor Code, § 401.011(44). (5) Cover-age a~eement--A writ'ten am-cement on form 'I%VCC-$1, form T'WCC-$2, form TW'CC-83, or form '1"WCC-84, filed with the Tex. a~ Workers' Compermar. ioa Commission w~ich e_~abLi~he~ a relalionship between the parries for purposes of the Texas Workers' Compensation Act, pu_r~u~nt to the Texa~ r~bor Code, Chapter 406, SubcMptem F and G, ~s one of employer/employee and estabLishes who will be respoas~le for providing worker~' compe,~doa cover-age for per, om providing ~ervicez on the project_ (6) Duradon of the project-includes '&.e time fi-om the beginning of work on the project until work on the projec'r h~ been compiered and acccot=d by the govermmcnr~l entity.. (7) Persons groviding seo,'ices on the pro./e= ("subconrr-zcror" 'in { 406.096 of the Ac0-Wi~ the exception or' person* excluded under subsec-honq (h) and (i) o£ t/~ sect/on, includes all person~ or entities performing all or parr oft.he services the contractor ha~ undertaken to perform on the project, regardless or'whether that person conr.rac:ed dh-ecdy with the contractor and regardless of whether that person has employees. Tl',is includes bur is not limited to independent contractors, subcontractors_ leasing companies, motor carriers, owner-operators, employees of a.ny such entity, or employees of my entity, furnishing persons ro perform se.wices on the prolog. "Se,w/ce_s" includes but is not l/mired h~tp/tw'ww ses.srare.~ us&ac/2g'T[/I i0/'B/] I0 110 h~ml t,a~ 2 o~ ~ 817/98 .hauLing, or cJeSvering equ~pmenr or ~..z:z,'.",s. cr 7:ov~ding labor, rr~xspe~zr:cn, or ethos :o a proJect. 'Se.w/ce~' does not L~.:!u~e acrr~nries un:elated re the proje~ such ~ vendors, o~ca supg~iy de!.ivenes, a.-_~ d~!iveo' of ?or-~able toilets. (8) Prcjem~izcludes r_he ero;dsioa of ail se:v/cos raia:ed ~o a ~u:idL'xg er consrruc~ion ccr.:zact for a gove..~.me.n:~ eariry. (b) Prov/ciZg or causing to ~e oreo/dod a cer'dfica:e o£coverage ?uz~uant to tkis rule is a represea~dox by the insured ~t ail employees cfuhe imsured who ~e providing servic~ ca the projec: ~-e covered by workers' compensation coverage, tho: the cover-age is based on ore,er reporting of classification c.~des and p~yroll amour, ss, amd that al/coverage ~g~'eemems'ha,~e been with the ~ppropr/ate insurance carrier or, in the case o£a selL~_vared, with the commission's Divisioa of SeLf-L~urance Re~mdadom Providing false or mis[eroding ce~mf, icates of coverage, or failing to prosSde or maintain required coverage, or failing to report any c?.~nge that rrmterially azTem~s the prov/sioa of coverage may .ab. iota the contractor or other persona providing services on the pro. ie~ re adminisu'~dve eenalt/es, crirni.~ penalties, civil permit/es, or other civil actions. (c) A gove~.--~ental endW d:~r enters into a building or coamzuc-Jon contract on a proje~ shall: (1) include ir. the bid specifications, ail the pro~sioas of para_m-apb (7) of this subsection, using the language reauired by para_m-apb (7) of this subseciom (2) ms parr of the contract, 'using the language requked by paza_m-zph (7) of thi.s subsection, require the cootm~or re perform as required in subsection (d) of th.is sec-don; (3) obta-m/~om thc contra~or a ceruficate of coverage for each person prey/ding services on the projecr, prior re that person beginniug work on the project; (4) obtain from the conU~ctor a new cer'tificare of coverage showing ext~rmion of coverage: (A) before the end of the 'c-mv. ent coverage period, Lrr.he contra~or's cum-eat certLficate o£coverage shows thor r. he coverage pe~od ends during the duration of the project; ~d (B) no iarer r.~..-~ seven days z~er the expirauon oft. he coverag_e for each other person prosSr~i~g service~ on the project whose c-un-eat certificate shows that the coverage period ends during the duration of the project; (5) retain ce~qS, ficates of'coverage orr file for the duration of the project and for three yeazs thereatIe..~, (6) provide a copy of the ce.--Sficates of coverage to the commmsion upon request and to any person entitled tc them by lave, and (7) use the Iz.x~aage contra, ned in the following Fi~m~re i for bid specifications and centrals, without any additionzi word~ or changes, except those required to accommodate the specific document in wh/ch they ars contained or ;o impose stricter sranda.rds of documentation: T28S I 10.110(c)(7) http://w-~w sos.srzre.tx.us/tac~28/li/110/B/110 110 htrnl ~a*~ ] et ~ 8/7/98 i) A ccn~rac:or · . i ) provide coverage for its empic?'ees Froviding services on a project, f=: ~':.e darafion of the proj~t '--~ed on proper repoamg of cta~sLScz:2on c. odes and pay'roLl amounts ~--.d =~::.':.g of any coverage agreements; (2) provide a certificate o£covemge showing worker~' compen.~afion coverage to the govemmemal endty prior to beginning work on r'ne project; (3) provide the government, al enfi£,', F.qor to the end of the coverage peried, a new certificaxe of coverage showing ex'ten.s-ion of coverage, fi.the coverage period shown on r~e contractor's current :err. ificate of coverag'e en~ during t&e dunfion of the project; (4) obtain fi-om each person providing services on a project, and provide to the governmental entity:_ (A) a e. era/fie, ate of coverage, prior to rh~r person he,finning work On ~e proj~ so ~e gov~ enfiw ~H Mve on ~e ~es of covenge sho~g covmge for ~ pemo~ proM~g se~c~ on ~:e proj~; =d (B) no later than $even days at, er receipt by the contractor, a new certifieexe of coverage showing ex'term'ion of'coverage' if the c. ove~ge period shown on the eua-rcm certificate of coverage ends during the duration of the proje~ (5) retain all required certificates of coverage on file for the duration oft.he project and for one year thereatter, (6) notify the governmental entity in writing by certified mail or peraonal de,very, within tea day~ atter the corotar:tar knew or shou.[d have known, ofa~y ch~-ge th~, materially affec~ the provision of coverage of any per~oo pmvidlng sew{r, as on the project; (7) pon a notice on each project ~te im-ormi.g all per~orm providing services on the project rh~r they a_rc required to be covered, and rearing how a perzon may verify currm cover',ge ,nel report failure to provide coverage. ~ notice doe: not sari~qt other po~rlnz requir~menu imposed by the Act or other co.,,,,;~4oo rules. ~ notice ,~,et be pdn~'~4 with. a t~e ~1 ar lea~t 30 point bold type and texx in al lea.~t 19 point norr-~l type, and ,~h~ll be in both lzn~w{ieh and 5lpani,~h and ~ other lar~no'e common to the worker population The ~ for the notices shall be th~ following t~ct provided by the commisglon on the ~ample notify, without ax~y' additiollal wor~ or ch=ng~: KEQLrI~ FT) WORKhk~' COMIaE'N'SATION CO¥1=Iq.A.GE "The law requires that each person working on tl~ site or providing services related to thi~ con~tru~ion project mt~-t be covered by worker~' compea~arion imml-aac~-..'~.~$ includ~ person~ providing, hauling, or delivering equipment or materials, or providing labor or trampo~on or other sen'ice related to the project, regardless o£the identity, of their employer or s~ettm as an employee.' "Call the Texas Workers' Compev~zfion Commission at 512 440-3789 to receive information on the legal requirement for coverage, to verify, whether your employer ha~ provided the required coverage, or to report an employees failure to provide coverage." SffpJ/ww'~ sos.~ta[c.tx.ug/Lac/28/~Jl IO/B/I 10.1 [O.htmi ~..t,.~ ~/xa/~e) 8F'//98 2BTAC 710.110 (~) ccntrzc,-u,-ily recuk~e ----ch oerson vdth whom i: contrzc:a (A) provide c. over-~ge based on proper reporrLng of ciaxsific2Uon codes --.nd pa.woii amounts and filing o£any cove~ze am'eeme.-.:s r-or -;; o£i:s employees providing sop:ices on the proje~. For the duration of the =roje= (B) provide a cem.fic2ze o£:nver~e to the conr..-zcror prior to th~ person be_mnnL".g work on the proje=; (C) include in all contrac':s ro provide se,w/cos cn the proje~ the i~uar, e in subse~acn (e)(3) of this set'om CD) provide the contriver, prior :o the end of'rSne coverage pehod, a new certific2:e o£ coverage showing e..at, nqion of'coverage, k'the envoi, ge period shown on the current certhS, care of coverage ends during the duration or'the projecq (Iii) obram from ,-,~-h other person with whom i: controls, and provide to the con:razor. (i) a cer-d, ficate of coverage, prior ro the other ?eaon be_mmqing work on the project.; ~qd ('fi) prior to the end of the coverage period, a new certificate of coverage showing e.e:'.sion of the cover'a.ge period, if the coverage period shown on the ourrenr certificate o£coverage ends during the dm'azion of the projorr; (F') ret.am all required cer'zficates of coverage on file for the duration of Ne proje~ '~".d for one year thru-ca_fi:er; (G) no~'y thc §ovm u. men, ta.l entity in writing by cct'ti.fied rn~ or personal delivery., '~'b'hln tea. days ~er the person knew or should have known, of a.ay el:tango thai: materially affecr.~ the pmvi~ion of coverage of any person providing se~wiees on the project; and (I-I) contra,-m.~!y require e. zch other person wi~ whom ir conu'zc'-.~, to perform as req~Ured by · ubp ~aragrap~ (A)-('H') o£thi~ paragra_ ph, with the certificate of coverage to be provided to the pennon for ~om they are providing sei-vice~. (e) A person providh:tg servieez on a projeo., other than a cont~ctor, shall: (I) provide covet-age for it~ empioye~ prov/ding service~ on a project, for the duration of the project based on proper reporting of classification codes ired payroll amounts and filing of ~y covera§e agreemcnt~; (2) pray/de a cer'ti.fic, ate or'coverage ~ required by/ts contncr to provide services on the project, prior to beginning work on the pro, et't; (3) have the following lz.n_m.~age in its contra~ to prov/de services on the project: "By signing this conr. r~c':, or providing or cau_qng to be provided a certificate of coverage, the person si_re'ting t.h/s contram is representing to the govemmemzl entity that all employees of the person si~ing this contrac: who will provide service~ on the project will be covered by workers' compemsadon cover~_e htr p://x,,-.vw.sos.srate.tx_us/tac/28F[U110FB/I 10.110.ht.ml 8/7/98 for u-.= d'_'mfion of' C-.e projec% :hat the ccvcrzge wiU be b~ed on proper repomng ofclassificauon codes zna payroll mv. ounts, and that ~li cov~."zge a~eeme=:s WI.U be Meal with the appropriate L~uzz:.ce czrrier or, L'~ the c.~e of~ self-L~.s~r~ with ~e commission's Division of Sdf-~ce Re~zdon. ?roviding f~Ise or rtdsleadi~g L~formadon mzy subjec~ the concmc~or to adminLs-u'~dve per~J, des. cfi.,'niaal ~ena~des, ci~,dJ pemtfies, or other c~ z~ons." (4) provide ~c person for whom it i~ pro¼~ng service~ on the projec~ prior to ~e end of~e ~v~e period sho~ on i~ ~ent c~te o~cove~e, ~ new ~e sho~ e~ioa off ~veage, k-~e ~vem~e period sho~ on ~e ~te of cov~ge e~ d~g ~e d~on of~e proje=; (S) obtain from each person provicib~ semces on ~ proje~ under contract to it, and provide a~ requizexi by its conu--~c~: (^) a certificate of coverage, prior to me oo~r person be~n;,~ work on the project; and CB) prior to the end of the covera§e period, a new cer't~caze of coverage showing exzet~ion oEthe coverage period, Lfthe coverage period shown on the cun-e_n~ ce~JJ]cate of coverage ends during the d~r~don of the projc~ (6) retain all required ceaxificates o£coverage on file for the dtw~oa of the project and for oae year (7) notify the goverrumental entity in writing by certified mail or personal delivery., o£any chs,~ge that m:-eri~lly tffect, z the provision of coverage or,ny persom providing services on the project and send thc nodce Within ten days after r. he person ~ew or should have known of the change; and (8) contractually require each other pm-soo with whom i: contracr, s to: (A) provide coverage b~sed on proper repord=g of cla.ssifie~tiou codes and payroU amonnt~ and fili.g of any coverage apr -eement~ for all ofit~ employees providlnE servic.~ oa the project, for the duration of'the project; CB) provide a ce., d. fic~.te of coverage to it prior to that other per~n be~fnn;n~ work on the project; (CC) haclude ha ail coal-acts to provide services on the project the language ia paragraph (]) ofthis subscc~o~; (D) provide, prior to the end of the eoverag_e period, a new ce~lZficate of coverage showing ext~r~ion of the cove, age period, if the coverage pe:-iod shown on the current certi:fic,.ate of coverage ends during ',.he duration cf the project; (iii) obtain fi.om each other person under c,ontact to it to provide service~ on the project, and provide a~ required by it~ coau-ac-t: (i) a cect~cate of core.ge, pr/or to the other persoo be_running work on the project; ~nd (/,') prior to the end of the coverage period, a new certificate of'coverage showing exxension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the hrtp://,,~.¥'w sos_$tate.~.us/tac/28/H]110/B/110.110.htrrtl .crrxcg xo com'~mcxoa.s - u 8~/98 duration of :he contrac:: CF) reta.m ail required ca:-d_Sca:=s o/coverage en file for the duradon cf:he project and for one year there, mete.", (O) notify, the governmemzi endry in writing by ce:xified mail or p¢l~or'~J, delivery, withitl ten days after the person knew or should have known, of any change that mateHaJiy aff'ecz.s the provision of coverage or,ny person prov/ding services on the project; and (I-r) contractually require e~¢h pe."~o= with whom it ccntract~, to perform az required by this subpa.m_m'aph and subpara_m-aphs (A)-(G) of this para_m-apb, with the ce:tificare of coverage to be provided to the person for whom they are providing services_ (0 If any provision of thi~ rule or its application to any permn or circdmst, ance is held invalid, the invalidity does not ~ff'c~ other provisions or applicatiotm ofthiq rule that ca.n be given effect without the invalid provision or application, and to thic end the provisionq of this m[e are declared to be severable. (g) TNs rule is applicable for building or construction contmcr, x adverted for bid by a goveramcnm/ entity on or e.~er September 1. I994 ~ rule is also applJ~hie for those building or eon.sw, ruclion conlx'act~ entered into on or a~er September 1, 1994, whJe..h are not required by law to be advert~ed for bid. 0t) The covmmge requirement in tkis rule does not apply to motor ~rie. r~ who are required pm to Texa~ Civil St.n,tes, Article 6675c, to register with the Texaz Denm"tment of Tranzportahon and who provide accidental insurance coverage pursuant to Tmm.s Civil S~=-,t~s, Article 6675c, § 4~'). (i) The coverage requirement in'thix role doe~ not apply to sole proprietor~, parmer~, and corporate officers who meet the requirements of the Act, § 406.097(c), and who are mcplicitly exr..luded fi-om coverage in ace. or~.,,,-.e with the Act, § 406.097(a) (2 added by Hot~e Bill 1089, 74th 1995, § 1_20). TI~ subsec'don applies ordy to sole proprietor~, parmerx, ~_nd corpo~te officers who are exc. luded Rom coverage in an imm-anco policy or cert/zficate of ~uthority to self-insure thai is del/vered, ismed for del/very, or renewed on or atter January. I, 1996. Source: The provisions of tliis § I I 0. i 10 adopted to be effective September 1, 1994, 19 Texieg 5715; mended to be et~e~'tive November 6, 1995, 20 Tex.~ 8609_ Return to Section Index http://w'w'w sos.state, rx.ug,'tac/28fIJJ110/B/110.110.html a.~t.ea t/t~/*e~ PART A SPECIAL PROVISIONS ~olled Curb and ~utter Replac~nt FY 2005 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receivi~g Pro~osals/Pre-Bid Meeting Sea]ed 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., We~n~s~y, F~brua_--f 9, 2005. Proposals mailed should be addressed in the following manner: City of Corpus Christi City Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL - Rolled Curb a~d OuSter Replacem~n~ FY 2005 A pre-bid meeting will be held on Tuesday, Fe~ruaz~ 1, 2005, beginning at 3:00 P.M. The meeting will convene at the E~gineer~n~ Berv~¢es Ma~n Co~fereu~ce Rock, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or separate visitations will be conducted~ the City. A-2 Definitions end A~revi~tions Section B i of the General Provisions will govern_ A-3 D~scription of Project Part A~ S~acific Area consisting of the removal and replacement of 5,000 linear feet of curb & gutter; 3,400 square feet of driveway approaches; 1,700 square feet of sidewalks; 400 square feet of curb razups; 2,500 square yards of pavement repair (within a specific geographic area); Paxt B: Various Locations consisting of the removal and replacement of 2,000 linear feet of curb & gutter; 1,300 square feet of driveway approaches; 680 square feet of sidewalks; 200 square feet of curb ramps; 1,000 square yards of pavement repair (city wide); all in accordance with the plans, specifications and contract documents; /%-4 Method The bids will be evaluated based on the ~o11~w~n~ order of pr~oz~, subject to availab~lity of fu~s. 1, Total Basa Bi4 Part "k# or 2. Total Base Bid Part "B' or 3. Total Base Bid (Part A+ Part B) The City reserves the right to reject any or all bids, to waive irregl/larities 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. Items to be ~,~ tted with pro~oeal The following items are required to be submitted with the proposal: 1. 5% Bid Bon~ (Must reference ~rot~ct Nmm. as identified in the ProDosel) (A CaShier's Check, certified check, mouey order or hA,k draft from ~ny Stete or Netional Bank will elBo be eccept&ble. 2. Dll¢losure o£ Interests Statement A-6 T4m~ of C,-~.let~on/Liquidated D----ges The working time for completion of the Project will be 365 calexLd~r days The Contractor shall con~nence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer') to proceed. See S~ecial Provision A-50 for mul~lement&l information. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, ~0.00 ~r calendar d~y will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services {City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers C~mnsation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project_ 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 da/nages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed ~rc~osals Proposals Sexed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted i~ accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsegnent interpretation of non-receipt, could have ~n adverse effect when determining the low~st responsible bidder. A-10 wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy Highway Construction. Prevailing ~ge ?ne Corpus Christi City Council has determLned the g~ner~l pre~-ailirg miniu~n bc~lrly rates for ~ Cotu/ty, 75~mas as set out in Part C. ~ Contractor and any sub~c~trRctor ~ust not Day less t~man ~ specified wage rates to all lah~r~rs, ~rkmen, ar~ mechanics ~ploy~d by th~n in the execution of the C~tract. T~ C<~trac~or or ,~,~tractor shall forfeit sixty d~llar~ ($60.00) t~r calend~r day, or p~rtion t/~_r~of, for each ~rkrcan, or r~Jmm~ic ~ploy~d, if such person is paid less than ~he s[~cified rates for the classification of ~rk ~_rforu~d. q%~ CoTtractor ar~ each sukco~ractor fa/st ~ an accurate r~cord sh~wing the ~ ar~ classificatic~ls of all laborers, v~Drkn~n, ar~ n~chanics ~mploy~ by them in connecti~ w~th the Proj~t and showing the actual ~ges ~d to each The Contractor will make bi-~=ek~y certified pa~oll sutmittals to the City EnGineer. ~ C~ntractor will also obtain copies of such certified payrDlls frc~ all sub~ntracters and ot-}~rs ~rk/r~ on tl~ P~ject. ~ dcc%m~nts will also he su~nitt~ to th~ City Engineer biweekly. (See section for M/nority/Minority Business Enterprise P-=rticiDation PolicA; for add/ti~mal r~ur~,~zte c~m~cerning the pu:~_r fo~m and c(]nt~qt of ~he payroll submittals. ) Cne and ~-~ half (1.5) times the sf~cified hourly ~ uust he paid for all hours worked in excess of 40 hou~ in any ~ne v~ek ar~ for all hours ~rked on Surday~ or holidays. (See S~ctic~ B-1 1, Defin/tion of Ter~s, and S~cti<~ B-7 6, WorkinG Houl~s.) with I:~1-.1.L- _,l~m~-,le~ (F~ovised 7/5/00) ~ Contractor shall ccof~erate with all public and private a~-~ies with facilities opm_~atir~ within the limits of tt~ Project. T~e Contra£tor shall provide a forty-eight (48) f~ur notice to any applicable agency when %ork is antic~r~d to proc~a~ ~n the vicinity of any facility by using the Texas One,all Sy~an 1-800-245-4545, the f~ne Star Notification Cc~[k~ny at 1-800-669-8344, and ~t~ Sout/~4~stern B~ll Locate Group at 1-800-828-5127_ For the Contractor's c<Xr~a~ler~e, the followir~ tel~fd~oF~ ~ ar~ list~]. City Er~Lneer 880-3500 Project ~gir~r 8B0-35OO JoSe F. Tr~jo, P.E. , R.P.L.S. Acting Assistant Director of EnGhneering Services Traffic En~lnee~ir~ Police Water Department ~astewater ~t ~ ~t Sto~ ~ ~ & ~ti~ ~t Strut & ~lid ~te 880-3540 882-1911 857-188~ 857-1818 685-6900 857-1881 880-3461 857-1970 299-4833 881-2511 880 3140 after bmur~) 880-3140 after tx mir s) 885-6900 after 880 3140 after h~lrs) 693 9444 after bmur~) 1-800-824-4424, after hours) 9/16/00) City Sgreet Div. for Traffic Signal/Fiber Optic I~cate Cablevisi~n ~2SI (Fiker ~tic) ~ (F~ ~tic) ~i~ (F~r ~tic) ~ (F~ ~tic) ~ F~ ~tic 857-1946 857 1960 857 5000 (857-5060 after h curs) 887-9200 (pager 800-724-3624) 813 1124 (pager888-204 1679) 881-5767 (Pager 850 2981) 512/935-0958 (Mobile) 972~53-4355 A-12 Mainte~ance of Services The Contractor shall take all precautions in protecting existing utilities, both above and below ground The Drawings show as much inforTaation as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc_ and from as much field work as normally deemed necessary for the construction of this ty~e of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude da/maging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his ow~ expense_ In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. Ail such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e_ broken, cut, etc_), flow must be maintained. Sewage or other liquid must be haundled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface_ It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor A-13 Axea Access ~nd Tr&~fic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the museum and public. This may include, but is not limited to, working driveways in half widths, construction of temporary rumps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Ail costs for traffic control are considered subsidiar~f; therefore, no direct payment will be made to Contractor. A-I& Construction Equi.~-~nt S~411&ge ~nd Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system No visible material that could be washed into steins sewer is allowed to remain on the Project site or adjoining streets. A-15 E~cev~tion ~nd ~-~w~vals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dir=. 'Clem/%" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or h~pers the growth of grass All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for 'Street Excavation"; therefore, no direct payment will be made to Contractor_ A-16 D~s~osel/Selv&ge of M&terials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 Field Office (NOT USED) Thc Contractor must furnish thc City Enginccr or his rcprcucntati¥c with a field officc at thc construction Dire. Thc field office must contain at lcaot 120 square fcct of useable space. Thc field officc must bc air conditioncd and hcatcd and must bc furniohcd with an inclined tablc that mcasurco at lcaot 3D" x 60' and two (~) chairs. Thc Contractor shall movc thc ficld officc on thc site as required by thc City Enginccr or his rcprcocntatlvc. Thc field office must bc furnished with a telephone (~;ith 24 hour p~r day ano%~cring service) and FAX machine paid for by thc Contractor. Thcrc is no separate pay item for thc ficld officc. A 18 Bghedule *-~ Ce~'uemeo sE C~a.u~z'ue~n (NOT USED) Thc Contractor shall submit to thc City Enginccr a work plan based only on calcnd~r days. Thio plan must detail thc echcdulc of work and must bc oubmittcd to thc City Enginccr at least three (3 working days prior to thc pre construction mcct~ng. Thc plan must indicate thc schedule of thc follo%~ing work items: (3) days prior to Progrcso ~chcdulc Initial gchcdulc: gubmit to thc City Engineer thrcc thc Pre Construction Meeting an initial Construction for rcvic~. Items to Include: ghow complete scqucncc of construction by activity, idcntifying Work of separate stages and other lc, gically grouped activities. Identify thc first %~ork day of cach wcck. 3. gubmittal DateD: Indicatc submittal dates rcquircd for all submittals. 4. Rc ~u~mission. Rcviuc and rcuubmit as rcquircd by thc City Engineer. Pcriodic Updatc: gubmit Updated Construction Progrcss gchcdulc to oho%g actual progress of cash stage by pcrccntagc against initial £chcdulc. A-19 Construction Staking Thc dra%lingu depict lincs, slopes, grades, occtiono, mcasurc-mcnto, bcnch mrku, baselines, crc that arc normally rcquircd to construct a projcct of thio naturc_ Thc major controls and bcnch marks rcquircd for octting up a project, if not eho~ on thc drawings, will bc providcd by thc City gurvcyor. IT~e Contractor shall fuz-~ish all lines, sloDas ~ ~ea~ur~m~nts for control of the work. If, during construction, it is ncccooary to disturb or dcotroy a control point or bench mark, thc Contractor shall provide thc City gurvcyor ~8 hours notice so that altcrnatc control points can bc established by thc City ~urwcyor as he dccmu ncccsuary, at no coot to thc Contraotor. Control points or bench mar]ts damaged au a result of thc Contractor's ncgligcncc will bc restored by thc City gurwcyor at thc cxpcnsc of thc Contractor. If, for %~hatcvcr reason, it is ncccooary to dcviatc from propoocd linc and ~radc to propcrly c×ccutc thc work, thc Contractor shall obtain approval of thc City Enginccr prior to dcviation. If, in thc opinion of thc City Enginccr, thc required dcviation would ncccositatc a rc¥ision to thc drawings, thc Contractor shall providc supporting mcasurcmcnto au rcquircd for thc City Enginccr to rcvisc thc d/owings Thc Contractor shall tic in or rcfcrcncc all valvce and nmanholco~ both existing and proposed, for thc purpose of adjuoting valvco and manholes at thc complction of thc paving proccss. Also, thc City Enginccr m~y rcquirc that thc Contractor furnish a maltlmum of two (3) pcroonncl for thc purpooc of assisting thc measuring of thc complctcd A-20 Teatin~ .,R Certi£icat~on Ail tests required under this item must be done by a reco~Tnized testing laboratory selected by the City E~gineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Pro~ect St~ns (NOT USED) Thc Contractor must furnish and install i Projcct Dignu as indicated on thc following drawings. (Attachment IV) Thc signs must bc inotallcd bcforc construction begins and will be r~intaincd throughout thc Project period by thc Contractor Thc location of thc signs will bc dctcrmincd in thc field by thc City Engineer. A-22 M~nority/Minority Business E~te~rise P&rticipation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximu~ opportunity is afforded minorities, worn and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Cozpus Christi in support of E~ual 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 a. Pri~ Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: A, ny named person, fi~m, partnership, COrlDoration, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract_ Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(si must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority 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 o~led by one or more minority person(s/ . 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetar~ distribution paid by the business enterprise. Minority: See definition under Minority Business Enterprise_ Female Owned Business Enterprise: A sole proprietorship that is o~ed 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 car~y on a single business activity which is lim/ted in scope and direction. The degree to which a joint ventu/e may satisfy the stated MBE goal cannot exceed the proportionate interest of the M~E as a member of the joint venture in the work to be performed by the joint venture_ For example, a joint venture which is to perform 50 0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the 3oint venture. Goals The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: M~nority Pa~cicipation (Perce~t) Participation (Percent) These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited Compliance Upon completion of the Project, a final breakdown of M~E participation, substantiated by copies et paid invoices, shall be submitted by the Contractor to the City Engineer. The Contractor shall make bi-weekly payroll submittals to the City Engineer The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi weekly payrolls in a timely fashion or to submit overall participation information as required. A 23 Inspee~lon Re~iFed (Rcviscd 7/5/00) (~OT USED) Thc Contractor shall aosurc thc appropriatc building inDpcctions by thc Building In3pcction Division at thc various intcrvals of work for which a pcrmit is rc~fuircd and to ausurc a final inspcction aftcr thc building is complctcd and rcady for occupancy. Contractor must obtain thc Ccrtificatc of Occupancy, whcn applicablc~ Ccction B g 2 of thc Ccncral Pro¥isiono is hcrcby amcndcd in that thc Contractor must pay all fccs and chargcs lcvicd by thc City's Duilding Inspcction Dcpartmcnt, and all othcr City fccs, including %;atcr/%~stc%~tcr mctcr fccs and tap fe~s as rcquircd by City. A-2& ~ure%y Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on ~ny bends or who has an interest in any litigation against the City All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Comp~]y shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the port~on of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the Sta~e of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas_ Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bend was issued." · .-25 S~les Tm F~w*~.tion (NOT USED) gcction B 6 32, Tax E×cmption Provision, is deleted in its entirety and thc following substituted in lieu thereof. Contracts for improvements to real propcrty awarded by thc City of Corpus Christi do not qualify for c×cmptiono of Ealcs, E×cioc, and Usc Ta×cs unless thc Contractor clot ts to ol~cratc under a scp~ratcd contract as dcfincd by Scction 3.391 of Chaptcr 3, Tax Administration of Titlc ]4, Public Finance of thc Tc×as Administrative Code, or such othcr rules or rc~ulationD aD m~y bc promulgatcd by thc Comptroller of Public Accotmts of Tc×as. If thc Contractor elects to operate under a scparatcd contract, hc shall: 1. Obtain thc ncccsoary sales t~x pcrmits from thc Statc Comptrollcr. Idcntify in thc appropriatc spacc on thc "Statcmcnt of Matcrialo and Othcr Chargco" in thc proposal form thc coot of matcrials physically ineorporatcd into thc Project. Providc rcsalc ccrtificatco to suppliers. Provide thc City with copies of ~tcrial invoiccs to subotcaltiatc thc proposal value of materials. If thc Contractor do~o not elect to operate under a separated contract, hc must pay for all Sales, E~£cioc, and Usc ToXC0 applicable to thio Project. Subcontractors arc cligiblc for sales tax cxcmptiono if thc subcontractor also complies with thc above requirements_ Thc Contractor must issue a resale certificate to thc subcontractor and thc subcontractor, in turn, issues a rcDalc ccrtificatc to his supplier. A-26 ~uppl~ental Insurance Re~uire~en~s For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material chan~e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Nulnber 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 docun~nts_ Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B 6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to 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 indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or person indemnified hereunder. A-27 Res~onsibility £or D-~ge Cla4-- (~T USED) Paragraph (a) Gcncral Liability of ~cction B 6 11 of thc Ccncral Provisions is amcndcd to includc: Contractor must providc I~s~allaB~n ~le~= insurancc covcragc for thc tc~ of thc Contract up to and including thc datc thc City finally acccpt~ thc Projcct or x;ork. ~ns~a11~%~ Fi~ covcragc must bc an 'All Risk" form. Contractor must pay all costs ncccosary to procuPc such Lm~allm%~n Plea~e= inourancc covcragc, ir~cluding any dcductiblc. Thc City ~t b~ namcd additional inGurcd on any policicc providing ouch inourancc covcragc. A-28 Con~ider&t~o~ for Contract Award --~ Exe~u=~on To allow the C~ty Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against ~ny of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien If any such lien has not been released, the bidder shall state why the claim has not been paid; and Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the au~unt of the clazm, the basis for the claim, and an explanation why the claim has not teen paid. (R~wis~d 9/18/00) A bidder may also be required to supply constr~ction 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 ow~ner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field ~4nistration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer_ The criteria upon which the City Engineer makes this determination may include the following: The superintendent must have at least five (5) years experience in the day-to-day field management and oversight of projects of a similar size and complexity to this Project This exlDerience must include, but is not limited to, scheduling of ~npower and materials, str~/ctural steel erection, masonry, safety, coordination of subcontractors, and familiarity with the architectural suJ~nittal process, federal and state wage rate requirements, and contract close-out procedures. The foreman must have at least five (5) ye~s experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a forem~n is not required, the Contractor's superintendent shall assume the responsibilities of a foreman. Documentation concerning these matters will be reviewed by the City Engineer_ The Contractor's field administration staff, and any subsequent substitutions or replacerm~nts thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award .~ay ~ rescinded. Further, such %rritten approval is also necessal-y 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 adahinistration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13 A-SO a~mded "Consideration of Contract" Re~ulr~ts Under 'General Provisions and Requirements for Municipal Construction Contracts" Section B 3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following infor~nation: 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 nuajor component of the work; A schedule of anticipated monthly payments for the Project duration. The n~nes and addresses of MBE firms that will participate in the Contract, along w, th a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein, similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major corYDon,,ts of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-?-13; A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; Documentation required pursuant to the Special 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. five (5) days following bid o~ening, s~--It in letter form, ~£o~tion t~ent~£ying t~ of entity ~ at,ts, i.e., ~s (or o~r Co~ration or Partnership, ~ ~(s) ~ TiCle(s) of i~vi4ual(s) au~horize4 to eKe~e con~rac~s on~h-l~ of sml~ entity. A-31 ~ No]_~ ~ E~ra Work an~ ~ _~wje Or~ers Under 'General Provisions and Requirements for Municipal Construction Contracts' B-8-5 Policy on Extra Work and Cha~e Orders the present text is deleted and r~placed with the follc~ing: Cc~tractor ackn~wlec~es that the city has no obligation to pay for any extra ~Drk for which a change order bas not been signed by the Director of Engineering Services or b/s designee. The Contractor also acknowledges that the City Engineer may authorize change orders w~ich de not exceed $25,000.00 The Contractor acknowledges tb~t any charge orders in ~1 ar~unt in excess of $25,000.00 must also be approved by the City Council. A-32 ~ "Ewecu=iO~ of (k~/~'~ct" Under 'General Provisions and Requir~_nts for Mun/cipal Construction Contracts" B 3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to ~ date the City E~gineer delivers a contract to the Co~tr~ctor which b~ars the siqr~tur~s of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any ki~, inclucling for breach of cont,-act, against the City, nor is the City oblignted to perfom under the Contract, until the date the City Engineer delivers the signed Contracts to the Cont~ctor. A-33 ~4tio=s st Work Each bidder nest familiarize himself fully with the conditions relating to the con~letion 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 r~ninded to attend the l~'~-Bld Ms~t./x~ z~£a--"t'~d bo ~.n /~:::La.I ~,.:eicm A-1. A-3& Precedence st Co~tr&ct Dock----nbs In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence_ In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), constr~ction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: s~e¢ial Re~uir~ente (~OT USED) A. Visitor/Contractor Oricntation Prior to pcrforming %~ork at any City watcr facility, thc Contractor, his subcontractors, and cach of their cmployccu must have on their pcrsona valid card ccrtifying thcir prior attcndancc at a Visitor~Contractor Cafcty Orientation Program conductcd by thc City Watcr Dcpartmcnt Pcr0onncl. A Visitor~Contractor Cafcty Oricntation Program will bc offered by authorized City Water Dcpartmcnt personnel for those pc~ons who do not have such a card, and %~ho desire to perform ~/%y %;ork %;ithin any City water facility_ For additional information rcfcr to A~a~-~-~ 1. ~ela~od ~o C~y wa~e= fae11~y m~ amy ~s~. All ouch items aeb ~ thc City Water Department Thc City must dclivcr %;atcr of drinking quality to its customcrs at all timcs_ Thc Contractor mhall protcct thc quality of thc watcr in thc job sits and shall coordinatc its ~ork %~ith thc City Watcr Dcpartmcnt to protcct thc q~lality of thc water. All matcrials and cquipmcnt uscd in thc rcpair, rcas$cm]Dly, transportation, rcinstallation, and inspcction of puf~ps, or any 8thcr itcms, which could comc into contact with potablc %/atcr, must conform to Amcrican Hational £tandards Inotitutc/National ganitation Foundation (ANSI/NSF) £tandard 61 aD dc~cribcd in thc gtandard gpccifications. Thc Contractor shall providc thc Enginccr %;ith copics of writtcn proof of ~EI/NgF gtandard gl approYal for all matcrials ~hich could comc into contact %;ith potablc watcr. 1[. I. J. All trash gcncratcd by thc Contractor or his cmployccs, agcnto, or subcontractors, must bc containcd at all timco at thc watcr facility oitc. Blowing trash %;ill not bc allo%~cd. Thc Contractor shall kccp %zork arcas clcan at all timco and rcmovc all trash Contractor's pcroonncl must wcar colorcd uniform ovcralls othcr than orangs, bluc, or whirs, m~e~ e..,,,X~j~o %~1.~o~-- --~s~ ~o'e~J.d~ Contractor shall providc tclcphoncs for Contractor pcroonncl. ~olo~ho~os o.z~ ne~ &~a~labl~ ~o~ ~en~ae~o~ use. Worki~ hours %;ill bc 7:00 A.M. to 5:00 P.M., Monday thru Friday. Contractor must not usc any City facility rcstrooms. Contractor must providc own sanitary facilitics. Ail Contractor vchiclcs must bc parkcd at dc0ignatcd 0itc, au ~coi~natcd by City Watcr Dcpartmcnt staff. All Contractor vchiclco must bc clcarly labclcd %~ith company sams. No privatc cmploycc vchiclcu arc allo%;cd at O. ~. £tc¥cns Watcr Trcatmcnt Plant. Ail pcrsonncl must bc in company vchiclc~. During working hour~, contractor cmployccs must not lcavc thc dcsi{Fnatcd construction arca nor %;andcr through any buildings othcr than ~or rcquircd work or as dircctcd by City Watcr Dcpartmcnt pcroonncl during cmcrgcncy cvacuation. Contractor Qualifications £CADA (CUPERVICORY CONTROL AND DATA ACQUIgITION) Any worR to thc computer b~scd monitoring and control system must bc performed only by qualified technical and supervisory pcroortncl, as determined by mccting thc qualifications 1 thru 9 below. Thio work includc~, but is not limitcd to, modifications, additions, changes, oclcctiono~ furnishing, installing, oonnccting, pr~ramming, customizing, debugging, calibrating, or placing in operation all hard,arc and/or ooft%;arc specified or required by thcoc specifications Thc Contractor or hio subcontractor proposing to perform thc OCADA work must bc ablc to dcmonc~ratc thc following: 2. 3_ 4 § 7 Ilc is rcgularly engaged in thc computcr baocd monitoring and control oyotcm buoincoo, prcfcrctbly as applicd to thc municipal ~tcr and ~otc~tcr industry_ Hc has pcrformcd work on systems of compaz~ablc size, typc, and co~plcxity am required in this Contract on at least thrcc prior projects, [Ic has bccn acti¥cly engaged in thc type of work opccificd herein for at least ~ years. Hc c~Rploys a Rcgiotcrcd P~ofcooional Enginccr, a Control ~ystcmo Engineer, or an Electrical Engineer to oupcrvioc or perform thc work rec/uired by thio o~)ccifica~ion. Hc cmployo personnel on thio Projoct who havc Duccc0sfully completed a manufacturcr'o training course in configuring and implcmcnting thc opccific computcro, RTUC'o, and software proposed for thc Contract_ IIc maintains a pcrmancnt, fully staffcd and cquippcd ocrvicc facility within 400 milco of thc Projcct oitc to mnintain, rcpa~r, calibratc, and program thc oyotcmo specified herein. ~Ic shall furnish equipment which is thc product of one ~nufacturcr to thc ma][imum practical c][tcnt. ?~crc thio is not practical, all ccfuipmcnt of a Givcn typc will bc thc product of one manufacturcr~ Prior i~crformancc at thc O. ~;. Ctc¥cno Water Trcatmcnt Plant %;ill bc used in evaluating which Contractor or ou]Dcontractor progr~mo thc new work for thio Project_ Thc Contractor shall producc all fillcd out prograrmning bloc]co rcquircd to show thc progra~ming as nccdcd and rcquircd, to add thcoc two systems to tho cxisting City OCADA system. Attachod is an example of thc required progranmzinG bloc]co which thc City rcquirco to bc filled in and given to thc City Engineer with all changes madc during thc programming phase. Thc attachcd sheet is an cx~mplc and is no~ intcndcd to oho%! all of thc required shccto. Thc Contractor will provide all pro~rs~m~in~ blocks used. Trcnching Rcquircmcnto A_II trcnching for thio project at thc 0. N. Ctcvcno Water Trcatmcnt Plant shall bc pcriormcd using a b~c]fnoc or h~nd diggin~ duc to thc nt~nbcr of cxioting underground obstructions. No trcnching machinco shall bc allowed on thc project. A-36 Other ~,~.~tt&le 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 to the City Engineer or his designated representative. Reproducible~ In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forr0~: Contractor shall use the Submittal Transmittal For~ attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items Marking: Contractor must mark each copy to identify applicable products, models, options, and other data_ Supplement manufacturers' standard data to provide information unique to this Project_ g Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work_ h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must required by City Engineer and since previous submittal. revise and resubmit sub~%ittals as clearly identify all changes made j Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and ~uppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3~ Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. Undcr 'Ccncral Provisions ond Rcquirc_r~_nts for Municipal Construction Contracts", 6 15 Arrangcn%~nt and C~ar~c for ~%]tcr Furnishcd by thc City, add thc follo%;ing: B "Thc Contractor ~m~st comply with thc City of Corpus Chrioti'o Watcr Conucrvation and Drought Contingcncy Plan aD amcndcd {thc "Plan"). This includes implcu~nting ~utcr conscrv~tion mc~nurco cotoblishcd for changing conditionn. Thc City E~gLnccr will pr~idc a copy of thc Plan to Contractor at thc pfc construction mccting. Thc Contractor will kccp a copy of thc Plan on thc Project sitc tkroughout construction_" A-38 Worker's Com~eu~sation Coverage for Bulldin~ or Construction Pro~ecta £or The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. Thc issuancc of a ccrtifioatc of occupancy conutitutc final acccptancc of thc improvcmcnts for improvcmcntu docs not undcr ~cncral Provision B 8 A-40 A~eux~ment to Bection B-8-6: Paxt~&l Bst~tes General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estin~tes is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite_ A-41 Ozone A~v~aory (NOT USED) Priming and hot mix paving opcrations must not bo conductcd on days for %~ich an ozonc advisory has bccn issued, c×ccpt for rcpairs. Thc City Enginccr %;ill notify Contractor about ozonc alcrt. If a dclay ouch aD this is c]~cricnced, thc day ~11 ~o% bc oountcd as a %;ork day and thc Contractor %;ill bc compcnoatcd at thc unit pricc indicatcd in thc proposal. A-A2 O~HA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City-related projects and or jobs. A-~3 Amended Ind~ication & Hold Hex-m/ess 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, er~loyees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all d~ges, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall held the City, its officials, employees, attorneys, a~d agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. Change Orders Should a change order(s) be required by the Engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc_). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A_45 A~ Bu~l~ Di~sno~o~ ~d D~awi~gs (7/5/00) (Not Used) (a) Contractor shall makc appropriatc daily mcasurcmcnts of facilitics eonstructcd and kccp accurate rccords of location (horizontal and vertical) of all facilities. (b) Upon complction of cash facility, thc Contractor shall furnish ~ncr with onc sst of dircct prints, m~rkcd with red pcnoil, to show as built dimensions and locations of all work conotr~/ctcd. As a minimum, thc final dra%;ings shall include thc following: {1) Horinontal and Vertical dimcnsionm duc to substitutions/field (2) Changes in cquipmcnt and dimensions duc to substitutions_ (3) 'Numcplatc" data on &11 installed cquipmcnt. Deletions, additions, and changes to scope of work. Any other Changes ~Rc. A 46 D[sp~sal si ~/g~ly C~ler4~tod wa%er (7/5/00) (NOT USED) Thc Contractor shall be rcoponoiblc for thc disposal of watcr uocd for testing, disinfection and linc flushing in an approved manncr. Contaminants in thc ~tcr, particularly high levels of chlorine, will bc used for disinfcction, and may cxcccd thc pcrmissiblc limits for dischargc into wctlands or cnviroruncntally scnsitivc arcau. Thcsc arc rcgulatcd by numcrou~ agcncics such as TNRCC, EPA, crc. It will bc thc Contractor's rcoponoibility to co0lply with thc rcquircmcnts of all rcqulatory aGcncics in thc disposal of all watcr used in thc projcct. Thc mcthods of disposal shall be submittcd to thc City for approval. Thcrc ~hall bc no scparatc pay for disposal of highly ehlorinatcd watcr. Contractor shall not usc thc City's sanitary sc%;cr systcm for disposal of contaminatcd %/atcr. A &7 ~.a Cen.s~--'~¢~on l~la~&~a~£ l~tea~a~ens (7/~/00) ([~T USED) Prior to any construction %~hatcvcr on thc projcct, Contractor shall cKcavatc and cxpooc all cxistinG pipclinco of thc projcct that cross within 20 fcct of propo~cd pipclinca of thc projcct and Contractor shall survcy thc c×act vcrtical and horizontal location of cach cro~sing and potcntially conflicting pipe!inc. For c]£istinG pipclincs which parallcl and arc within tcn fcct (10') of proposcd pipclincs of thc projcct, Contractor shall c×cawatc and c~cposc said cxiting pipclincs at a mn](imum of 300 fcct O.C. and Contractor shall uurvcy thc accuratc horizontal and ¥crtical locations of said parallcl pipclincs at 300 fcct rauo{imum O.C. Contractor shall thcn prcparc a rcport and submit it to thc City for approval indicating thc ~ncr of pipclinco cxcavatcd and our~cycd, as wcll as thc approxim~tc station thcrcof, dist~cc to thc pavcmcnt ccntcrlinc and elcvations of thc top of cxistinG pipclinco. Exploratory cxcavationo shall bc paid for on a lump sum basis. Any pavcmcnt rcpair aosociatcd %;ith c~ploratory cxcaYations shall bc paid for according to thc cstabliGhcd until pricc of pavcmcnt patching. Contractor shall prowidc all his o~ ~urvcy work cffort (no scparatc pay) for c]~loratory cxoavations_ A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires_ There are ~flany 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 danmage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inforTn CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall he the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 A~nded 'l(ainten~nce ~uarmnty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B ~-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 Corl~us Christi for any claims or causes of action against the Contractor or any other individual or entity.' A-50 Supplemental Tlm~ of C~w4~letion/Liquidated D-m-gee-Curb ~ Cutter Special Provisions A 6 states that this project has a time of 365 calendar days. This contract is in essence, a (12) month agreement to provide for the removal and replacement of rolled curb and gutter at various locations throughout the City, together with any associated driveway approaches, sidewalk runners and pavement repair. The section %u~r constr~ction sh~ll be completed prior to relocatlng to · mew section. Throughout the contract ~eriod, the Contr&ctor shall be given lists of s~ci~ic locations wlaera curb ~n~ ~tter is to be re~laced. WitCh ten (10) calen~r days of receiving · list, the Contractor shall mobilize ~ begin work. The Contractor shmll continuously work until all locations ere co~i~lete~. 'Continuously Work' is defined as working a minimum of eight (8) hours per day, five (5) days per week The only acceptable reason for not performing this continuous work will be inclement weather or an area too wet due to inclement weather. If, in the opinion of the En~i~eer, the Contractor has not worked ~ays w~en productive work is ~ossible, ~han the Contractor c~n incur liquidated aAmmges ~or those days not worked. The assessment of liquidated damages ~s, therefore, not confined only to those days in excess of one (1) calendar year, but can be assessed throughout the year. A-51 Est~mate~ Quantities- Curb .,a Cutter Pax~c A: Specific Area consisting of the removal and replacement of 5,000 linear feet of curb & qutter; 3,400 square feet of driveway approaches; 1,700 square feet of sidewalks; 400 square feet of curb ramps; 2,500 square yards of pavement repair (within a specific geographic area); Part B: Various Locations consisting of the removal and replacement of 2,000 linear feet of curb & gutter; 1,~00 square feet of driveway approaches; 680 square feet of sidewalks; 200 square feet of curb ramps; 1,000 square yards of pavement repair {city wide); all in accordance with the plans, specifications and contract documents; 1. Driveway A~roaehes: One (1) 10 -foot wide driveway approach per 70 L F. of curb& gutter. ~. Sidewalks: One (1) 4 Foot wide sidewalk runner per 70 L.F. of curb & gutter 3. Pa~-~-t Re~airs: An average of 0.5 S.Y. 4.5-foot wide) for every linear foot of Curb & gutter. Therefore, the bid quantities for driveway approaches, sidewalks and pavement repair can, and will, vary greatly from location to location. The possibility exists for substantial overruns or underruns on these bid items. The contractor sh&ll not use this ms a basis for extra ~ey. As stated in Special Provision A-50, the Contractor will be given lists of specific locations. It is realized that to be economically viable for the Contractor, a specific list must be large enough to devote resources and purchase supplies in reasonable quantities. Therefore, each list is guaranteed to include a minimum of 500 L.F. of curb & gutter removal and replacement. No single location shall have less than fifty (50) L.F. off curb & gutter removal and replacement. Also, the issuance of each list will be of an amount and time interval so that the Contractor is not out of work while awaiting a list to be issued. A-53 Geo~r~hic Area m~d Locations- Curb & ~utter It is also realized that to be economically viable for the Contractor, a specific list must be within a reasonable geographic are_ Therefore, with some exceptions, all work will be within the geographic area (see Attachm~uat 'A' of Special Pr~visione) and bounded as follows 1. Everhart 2. Willowrick 3. Metal 4. Schanen Drainage Easement ~ny w~rk roquoctod at locations outside of thic goowraphic area will bo within a rgasonable diskanes of kho b~un~=ry ~ ~his area A r~sunabl~ distancc is to bc defined ao any lo~ation (s) that arc within a fe%g blocks of tho boundary and provide a minimum of ]00 L.F. of cmrb & gm=tar remQval & rcplaccmcnt. The intent of this contract is to provide curb & gutter removal & replacement in o~1~ residential areas. The residential areas will be primarily single- family areas However, some locations may be adjacent to multi-family areas_ It is not ~e intent o£ this ~roJect to ~rovi~e c, arb mn~ ~uttar re~ovml en~ replacement in co~rcial or i~ustrial areal on streets that ~ra clal~i~led al artarial or larger. A-Sa pavement Re~air The intent of the pavement repairs is to provide the amount of pavement necessary to provide a smooth transition and an acceptable cross-slope from the existing pavement to the new curb and gutter. Initially, the contractor shall only excavate a sufficient width of existing pavement to provide enough working room for the installation of the curb and gutter concrete for~_ This is usually approximately six inches. After the new curb & gutter has been placed and the concrete forms removed, the Engineer shall inspect the site and ~ke a field determination as to the exact width of pavement to be removed and replaced to provide the aforesaid satisfactory transition. Pavement repair shall be full-depth Hot Mix Asphalt. The minimum thickness shall be one-and one-half (1.5) inches. However, greater depths of thickness can, and should, be anticipated. The conditions and depths will vary from location to location. Where depths in excess of three (3) inches are enco~untered, the asphalt shall be placed in two (2) lifts of approximately equal thickness. A-~5 Back~llling Behind New curbing Since the work involves the removal and replacement of existing curb and gutter, sidewalks, and driveways to new grades, it is anticipated that qn~antities of backfill material will be used adjacent to these improvements_ The material used shall be good quality topsoil that is free of roots, clods, and any other items that detract form its appearance or ham]per the growth of new grass. The amount required at each location will vary, but it is the intent that a smooth transition be provided between the new construction and the existing natural ground, and that adequate drainage patterns be established. The cost of the backfill m, aterial shall be considered subsidiary to the project. A-56 Curb and Gutter Cutting and Doweling Where exiscing curb and gutter is cut for removal and replacement, the cut shall be by means ufa saw, to a sufficient depth to ensure that the curb and gutter that is to remain does not break when the adjoining portion is removed. If reinforcing steel exists, a sufficient length shall be left intact to provide a tie for the reinforcement in the proposed curb and gutter. If no reinforcing steel exists, the Contractor shall drill a minimtLm of six inches into the existing curb and gutter and install dowels to locations where no reinforcing steel exists, an expansion joint shall be placed between the existing and propose curb and gutter. A-57 Site Sequencin~ a,nA Mainhe---ce In preparation of the construction schedule for a particular list, the Contractor has the option of performing the work on the various sites in whatever sequence fits his method of operation. However, all sites where construction operations are in various stages shall be monitored on a daily basis, to insure that all trench cuts, driveways, barricading, etc. are kept in good condition. The intent of this provision is to ensure that all sites that may not be actively worked on during any particular day are kept in a condition so that citizen's complaints, and/or inquiries, are eliminated because of what may be perceived as no project activity_ A-~8 Saw Cutting Ex/sting Concrete ~n~/or Asphalt Ail cuts m~de at locations where existing concrete and/or asphalt are to meet the proposed, shall be made by saw cutting. This includes, but is not limited to, curb and gutter, sidewalks, driveways, ramps, etc_ The intent of this provision is that lines where proposed and existing construction meet shall be straight and neat. A-59 ~ C~m~liance The construction on this project shall provide for ADA compliant facilities, even if none previously existed. If curb and gutter is removed and replaced at an intersection, or some other location where pedestrian crosswalk access exists, the Contractor shall construct barrier-free ramps as shown on the Standard Detail sheets. The r~e shall be constructed per Standard S~ecificmtion 097020 and Te-h-tcml S~ecification T-025614. A-60 Bi(~ewalks and Driveways Sidewalks and driveway approaches that are removed and replaced as part of this project are to be reconstructed to City standards with regard to thickness and types of materials used. However, all sidewalks and driveway approaches shall be reconstructed to the s~me are dimensions as existed. It is not the intent of this contract to provide property owners with increase sidewalk and driveway facilities. It is anticipated that over 90% of the sites will contain sidewalks that are separated from the curb with a grass median strip. However, if tied sidewalk is present at a specific location, the replacement of the sidewalk shall be per City standards The installation of curb-to-sidewalk dowels and the thickened concrete edge shall be considered subsidiary to the unit price bid for the Removal and Replacement of Sidewalks. The removal and replacement of sidewalks and/or driveway may, in some cases, require re-establishing new grades The Contractor shall cut or fill, as required, to establish the new grade. The cutting or filling may also require the removal of obstructions such as tree roots or other debris found. Concrete Cuxb ~n~ ~utter The concrete curb and gutter that is removed and replaced on this project may have several different configurations. Some may be the 4-inch roll-type curb and some may be the 6 inch standard- type curb. There may also be some cases where the curb a~d gutter has a unique configuration. The intent is to replace the existing with new, that matches the existing configuration as closely as possible. The new curb and gutter shall be constructed to City standards with regard to the types of materials used, spacing of expansion joints, reinforcing steel, etc. in accordance with the City's standard details. Modifications to the configuration shall be considered subsidiary_ The typical curb section shall be as shown on the Typical Section as shown elsewhere in these documents_ * Pla&se note: The section shc~w~ is · inches &1low for loss of or lack of, base material. ~ecial Provisions (TYPI~ar. SECTI0~). (4') dee~er than standard to Please see AT~A~M~q~TmB' of The various Standard Specifications may refer to 025220 ~Flexible Base Caliche'. This will be non-applicable and is not approved for use on this project. 025222 'Flexible Base High Strength (S-24A}° shall be used, exclusively. The various Standard Specifications indicate various methods of measurement and payment, These will be non-applicable. All work shall be paid for under the bid items in the Proposal. Any required work not covered by an item in the Proposal shall be considered subsidiary with no additional payre~nt and the Contr&ctor sh&ll not use these d~ssre~cie~ ms a he,is for extra ~my. A-63 Construction Drawings The 11' x 17' drawings included in the contract documents are excerpts, taken from City of Corpus Christi Standard Detail Sheets. This means that some details may not, at all, be applicable to this project. It also means that some details will, or will not apply to specific situations and/or specific locations amd the Contractor sh~ll no~ use these discre~mnc~es as s basis for ~tr~ ~y. ~U~MITTAL TRANSMITTAL FORM Rolled ~urb and Gutter Replacement FY 2005; PROJECT No. 2251 CITY OF CORPUS CHRISTI Joe F. Trejo, P.E., R.P.L.S., Acting Assistant Director of Engineering Services CONTRACTOR: SUBMITTAL ~ATE: APPLICABLE SPECIFICATION OR DRAWING PART C FEDERAI J WAGE RATES AND REQUIREMENTS Page I et 3 General Decision Number: TX030029 01/21/2005 TX29 Superseded General Decision Number: TX020029 Stats: Texas Construction Types: Hea~ and Highway Counties: CaJaeron, Hidalgo and webb Counties in Texas. Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR HEAVY PROJECTS in Nueces and San Patricio Counties. Modification Nun~ber 0 1 Publication Date 06/13/2003 01/21/2005 * SUTX2005-004 01/05/2005 Rates Fringes Asphalt Distributor Operator...$ 9.57 0.00 Asphalt paving machine operators 9_73 0.00 Asphalt Raker ................. $ 7.50 0.00 Asphalt Shoveler ............... $ 9.35 0.00 Broom or Sweeper Operator ...... $ 7_55 0.00 Bulldozer operator ............. $ 9.28 0.00 Carpenter ..................... $ 10.20 0.00 Concrete Finisher, Paving ...... $ 10.73 0 00 Concrete Finisher, Str~ctures..$ 9.59 0.00 Concrete Rubber ............... $ 9.87 0.00 Crane, clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ 10.83 0.00 Flatter ....................... S 7.40 0.00 Form Builder/Form Setter, Structures ................... $ 9.16 0.00 Form Setter, Paving & Curb ..... $ 10.50 0.00 Foundation Drill Operator, Truck Mounted .................. $ 12 50 0.00 Front End Loader Operator ...... $ 8.61 0.00 Laborer, common ............... $ 7.69 0.00 Laborer, Utility ............... $ 9.05 0.00 Mechanic ..................... $ 10.81 0.00 Motor Grader Operator, Fine Grade ....................... $ 11_91 0.00 Motor Grader Operator, Rough...$ 11.27 0.00 Pipelayer ................... $ 8.44 0.00 Reinforcing Steel Setter ....... $ 10 44 0.00 Roller Operator, Pneumatic, Self-Propelled ............. $ 7 16 0.00 Roller Operator, Steel Wheel, Flat Wheel/Ta~ping ............ $ 7.17 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement .......... $ 8.00 0.00 Scraper Operator ............... $ 8.61 0.00 Servicer ....................... $ 8_81 0.00 Tractor operator, Pneumatic .... $ 8.50 0.00 Page 2 of 3 Traveling Mixer Operator ....... $ 8 30 Truck driver, lowboy-Float .... $ 10.82 Truck driver, Single Axle, Heavy ......................... $ 9.43 Truck driver, Single Axle, Light ......................... $ 9.19 Truck Driver, Tandem Axle, Semi-Trailer ................. $ 8.01 Welder ....................... ¢ 10.31 Work Zone Barricade Servicer...$ 8_40 0 O0 0.00 0.00 0.00 0.00 0 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5_5 la) (1) Iii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whoso rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Bas there been an initial decision in the ra~tter? This can be: an existing published wage determination * a su~n;ey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage detelnnination ~tter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for sunm~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. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party {those affected by the action/ can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any infolq~ation (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, Washington, DC 20210 4.) All decisions by the Administrative Review Board are final_ ~ OF GENERAL DECISION Page 3 of 3 httv://192.239.92.108/search/davishacon/csrrent/rr?.c~ dvhgt~_--O 7ztfzl4~;f~ 11 fu~q'l 1 '~t~7 ~ to ~ tr~c AGREEMENT T~E STAT~ OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 22ND day of FEBRUARY, 2005, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Contract Documents as "City," and Camrett CorD. Documents as "Contractor," upon these terms, County, Texas: In consideration of the payment of obligations of City as set out herein, complete certain Manager, termed in the termed in the Contract performable in Nueees $265,860.00 by City and other Contractor will construct and improvements described as follows: ROLLED CURB & GUTTER REPLACEMENT FY PROJECT NO. 2251 (TOTAL BASE BID: $265,860.00) 2005 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 ~nd 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 Z~ .%000 ~-1 I.,, ~. $~ ~00 ~-2 B.F. Removal a Replac~nt oi Curb ~ Gutter, co~le~e in place per linear & I, ~OO Removal & Replace~nt of driveway approaches, complete iN place per 1,700 A-3 2,500 A-4 5 .Y. Re~nnval & Replacmn~ct of Sidewmlke, co~le~e in place per acl~are. R~oval & Replao~ment of pavement/paramount repm£rs, complete in plac~ p~ sqi'a.~e yard. 7 Concret~ Curb Ramps, complete in place ~/~//(lq ~ Fon~ ~ AItKhn~m N~. 1 P,ei~e 3 ,o4' 8 Removal & Replacement of Curb & 2, ooo o.tter, complete in plsce pe~ linear ~ ~-~ ~.~. ~o~. 12,~0 ,~,~ em 1,300 approachea, complete l~ place per ~ ~. ~, .,~.o ~oo~, , ~ ~ JO, gOO 680 s.~. c~le~e In place per a~are f~t. ., $ O 1,000 B-4 -, % I~EsVI~ED Pm~s~ F~,rn Addendum No. 1 O/S ~)~Vd .ci)).:i~). ~jQ-B-f)i)J i)-O']E, O88)-g~ [OCj(.£ l':IF'8::msy') dH :Al) IN~S The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 365 C~?.~ND~R DAYS after construction is Contractor may be liable for Contract Documents. City will pay Contractor contract in accordance with progresses. Signed in 4 parts above. begun. Should Contractor default, liquidated damages as set forth in the in current funds for performance of the the Contract Documents as the work at Corpus Christi, Te×as on the date shown CITY OF COR~US CHRISTI Ronald F. Massey, Asst. City M~ of Public Works and Utilities s City Attorney ~7 ~--- gel R Escobar, P E , ~Z~ ' ' ' ' ' Services ~ Cil UO ~irector of Engineering AT.ST: ~'(~ Corpor~.~on) (Seal Below) .... ~ (Note: If Person sig~ng for corporation is not President, attach copy of authorization to sig~) CONT~CTOR Ca~ett Co~D2 ~ Title: ! f~A~ ~ 710 Buffalo St., Suite 512 (Address) Corpus Christi, TX 78401 (City} (State) (Zip) 361/853-1875 * 361/882-2774 (Phone) (Fax) Agreement Page 2 of 2 PROPOSAL FOR FORM Rolled Curb and Gutter FY 2005 DEPARTMENT OF F~IGIN~ER/NG SERVIC~ CITY OF CORPUS CHItIgTI, TZXAS No. 1 PROPOSAL Place: a Corporation.?~rganlzed and existing under the laws of the State of .. / ~ OR a Partnership or Individual doing business as TO: Tho C, ity of COOl. us ch=lsti, Tex~d Gent lem~n: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: 2005 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, wit: A-$ 5,000 L.F- 3,400 Re,oval & Replacement o% Curb ~ Gut=ar, Complete in plato per linear foot. Re,oval & Replacement of ckrivewa¥ m~llmre foot. 1,700 2,500 400 $.F. B~amoval & Replac~nt of Sidewalks. co~lete in place per ~moval & Replacement o~ pavement/pavement repeira, complete in place per square yard. Pege3 ~e Ack.insure NO. I ~6 V 2,000 f~o t, 1,300 680 Rsmoval & Replmc~msnt of driveway equate foot. R~va~ & Replac~mnt of sidewalks, c~;lete in place per square foot. 1,000 R~val · Repla¢~ut of pavement/pavement repairs, complete iR place per share yard. Concrete Curb Ramps, complete p~.¢o p.~ :_~_.e tooj2._,. .,._.,.. 7°> Pmpe~ Fom~ P~ge 4 Of 8 Addendum No. 1 ~4o~8 Addendum' No. 1 his bid o~ bi~, that he ag~e~ to do ~he ~k~ and thak no ~de bM the 2ity a~e in any sense a wa~r~y but a~e ~e estA~tes o~ the L~o~ notificatio~ of award of contx&ct, fox ~e ~a~thful p~r~o~nce of this c~ntr~ct and a ~a~nt Bond (as ~e~i~) to ~t~At~el~ ~ ~~ ~~: The apparent l~w bi~ez shall, ~th~ five day~ of receipt o~ descri~tion of ~e work to be perfo~ and lt~ dollar value for bid evaluation putout. ~ of I1~~4 &eD of Dc~I The ~ontrsot and all bonds will be prel~r~d In not less than four oounterpsrc (original sigT)ed) se~s. ef ¢~le~i~n: The undersigned agrees tn co~lete the work within from the date.designated by a Work Order. The undersigned ~ur~her declares ~hat he will provide ~11 necessary tools and a~paratus, d~ ell the wo:k and furnish all ~mterlsls and do ever~hing required Race&pt of the following add. nde is acknowledged (add~nda Bu~bet}: (E,O- Box) (C1~¥) (Stat~) (ZAp) Addendum No. 1 Bond ~4347152 THAT Ca~e~ CORD. of NU~$ County, Texas, hereinafter called "Principal", and gnmTec]n~h-~.~ Comply t a corporation organized under the laws of the State of T~ , and duly authorized to do business in the Stats of Texas, hereinafter called "Surety", are held end 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 contractt in the penal sum of ~ ~U~D~P SZXT~-~IV~ ~ EI~~ 8~ ~NO/100 ($265.860.09) DOL~S, lawful money of the united States, to be paid in Nueces County, Texas, for the 9a~snt of which s~ well and truly to be made w~ bind ourselves, our heirs, ex~cutors, a~ini~tratorz and successors, Jointly and severally, fi~ly by t~se presents: principal entered into a certain contract with the City of Corpus Christi, dated the~.~__ day F~BR~X , 20 0~, a copy of which is hereto attached and made a part hereof, for the construction of: ROLnEDC~ & GUTT~RR~FZAC~4~NT ~"f 2005 PROJECT NO. 2251 (TOTAL ~%SE BID: $265,860.00) NOW, x~, 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. ~RO~D 1~01%T-~, 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, e~ten$1on of time, alteration or addition to the terms of the contract, cr to ~he work performed thereunder, or the plans, specifications, drawings, e~c., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension cf tl~e, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment ~ond Pa~e L of 2 This bond is given to meet the requirements of Article 5160, Ver~oB's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Clairaant", "Labor" and "Material", es used herein are in accordance with and a~ defined in said Article. The undersigned agent l~ hereby designated by the ~urety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of proces~ may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN W~TliESS Ww~R~OF, this instrument is executed in . one of which ahall be deemed an original, thi~ the 28th , 2005_!__. copies, each day of Secretary;/ Name) ~uKETY SureT¢c Insurance Company Attorney-in-fac~ Paul Robinson Hilb, Rogal & Hamilton Company of Corpus Christi Debbie Joknson 5733 S. padre Island Drive Comus christi, TX 78418 't&l Payment gon~ Page 2 of 2 -~TAT~ OF T~ ~ COUNTY OF NUECEa ~ P~ ~FORMANC~ ~OND Bond ~4347152 THAT C~tC COrp, of N%~E~ES County, Texas, hereinafter called "Principal", and qnr~T~¢lnsur~nc¢Company , a corporation organized under the laws of the State of T~.~ , and duly authorized to do business in the Sta~e of Texas, hereinafter called "Surety", are held and fizTaly bound unto the City of Corpus Christi, a municipal corporation of Nueees County, Texas, hereinafter called "City", in the penal ~um of %~0NDRED S/~Y-~i~TSOU~AND, EIG~ ~ S~Y ~ ~/100 ($~65.~0.00) ~L~S, lawful ~ney of the United States, to be paid in NueGes County, Texas, for the payment of which s~ well and truly to be made we bind ourselves, our heirs, ex~cutor~, a~nistratOrs and successors, join=!y and severally, fimly by the~e present~: · u~ CONDITI0~ OF THIS O~LIGA~ION IS S~CH T~A~: Whezeas, the principal an~ered into a certain contract with the City of Corpus christi, dated the_~_~_ of FF-~b-A~ , 20_9a~_, a =opy of which is h~reto attached and made e part hereof, for the construction of: ROLLED Cu.,.,.B & c*,uTTEAi~E~~ F~' 2005 PROJECT NO. 2251 (TOTAL I~A~ BID: $265,860.00) NOW. ~m~FORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract docur~ents, 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 imprcve~ants by the City, then this obligation shall be void; otherwise to remain in full force and e~fect. ~ROVIDED l~J~n~A~, 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 ~ipulatee that ~o change, extensi0~ of ti~e, altsration or addition to the ter~n~ of the contract, or to ~he work performed thereunder, or the plans, specifications, drawinge, etc., ~cco~panying the same shall ~n anywise ~ff¢ct 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 ~he contract, or to the work to be performed thereunder. Performance ~ond Pa~e 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom servlc~ of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. ~ WITNESS WB~I~BOF, this instrument is executed in _~_ copies, each one of which shall b~ deemed an original, this the $%th day of March , 2 0 0k Secretary (Print A~torn~y-in-fact Paul Robinson Pra. nt Name ) Hilb, Rogal & Hamilton Company of Corpus Christi Debbie Johnson 5733 S. pa&re Island Drive CnrpuS Chlisti, TX 78418 Bond S u reTe c GENERAL POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Robert D. Cave, Paul B. Robinson, Steven D. Nelson, Klm Robinson, Lindey Jennings of Austin, Texas its nme and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include walvere to the conditions of contracts and consents of surety and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolvea~ that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atrorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such insta-uments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signatm'e of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20t~ of April, 1999.) In W-tmess [fhereof, SURETEC INSUKANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 2nd day of December, A.D. 2004. SURETEC INSURANCE COMPANY Corporate Seal ~ By: n~~-, State of Texas Job County of Harris ss: Pr~Ient / On this 9th day of September A.D, 20~4 before me personally came John Knox, Jr., to me knov~h, who, being by me duly sworn, did depose and say, that he resides in Houston, Tex~s, thai he is President of SURETEC INSURANCE COMPANY, thc company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. Rhonda Mc'Cary, Notary Public My commb, slon eipirm September 11, 20416 l, Richard W.Sauer, Assistant Secretary of SURETEC INSUILANCE COMPANY, do hereby certify thai thc above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and futthermore, the resolutions of thc Board of Directnrs, set out in thc Power o£Attomey arc in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Compa~,y n, T as this o~J/ day of Corporate Seal SURETEC March 28, 2005 Ms. Sylvia Amaga Contract Administrator, Engineering City of Corpus Chdsti 1201 Leopard / 3rd Floor Corpus Chdsti, Tx 78401 RE: SureTec Original Power of Attomey Dear Sylvia: Following our phone conversation today, I am enclosing a current valid original Power of Attorney with wet signatures for the individuals in our Austin office authorized to sign as Attorney-in-Fact on bonds. Please retain this power in your records. This Power of Attorney remains in full force and effect until revoked in writing by SureTec. Thank you. Sincerely, Klm Robinson Administrative Manager Enclosure 5000 Flaza o-, t;e Lake · Suite 7:90 · Austin, Texas 78746 512.732 0099.Toll~ree~66,320~,99. Fax 512 732 BOND (26631 iSureTec Insurance Company ~HIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also wdte to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on compames, coverage, dghts or complaints at 1-800-252-3439. You may wdte the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium er about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 in accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as deigned in Section 102(1) of the Act is Zero Dollars ($0.00), The United States will reimburse the Issuing Sureties for ninety percent (90%) efany covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terTodsm, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a par[ or condition of the attached document Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance thereof. Triple Rider.doc rev. 11 03 1 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: THAT Caa~rett CorD. of N'u-ECES County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", 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 TWO HUNDRED SIXTY-FIVE THOUSAND, EIGHT H~3NDRED SIXTY AND NO/100 ($265,860.00) 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 22ND day FEBRUARY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED CUI~B & GUTTER REPLACEMENT f"f 2005 PROJECT NO. 2251 (TOTAL BASE BID: $265,860.00) 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. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN W~TNESS WHeReOF, this instrument is executed in __ one of which shall be deemed an original, this the , 20 4 copies, each day of PRINCIPAL By: (Pr,hr Name & Title) ATTEST Secretary {Print Name) SURETY By: Attorney-in-fact (Print Name) The Resic~t Agent of the Surety in Nueces Cou~tv, Texss, for ~eliver~ of notice a~d service of process is: Agency: Contact Person: A~ess: (NOTE: Date of Payment Bond must not be prior to date of contract) IRevised 9/02~ Payment Bond Page 2 of 2 PERFORMANCE BOND STATE OF TE-V~S COUNTY OF NtTECES § KNOW ;tLL BY THESE PRESENTS: THAT C*mvett Corp. of NUECES County, Texas, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation o£ ~ueces County, Texas, hereinafter called "City", in the penal sum of TWO H-GNDRED SIXTY-Fi'VE THOUS~/gD, EIGHT H~JNDRED SI~TY ~ NO/100 ($265,860.00) DOLLARS, lawful money of the United States, to be paid i~ Nueces County, Texas, for the pa~nnent 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 22ND of FEBRU;~RY , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: ROLLED C~ & GUTTER REPLACF~-/TT P"f 2005 PROJECT NO. 2251 (TOTA~ ~ASE BID: $265,860.00) NOW, THEB~FO~E, 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 I~GRTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Te×as. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN I~/TNESS WHEREOF, this instrument is executed in one of which shall be deemed an original, this the , 20 4 copies, each day of PRINCIPAL By: (Print Name & Title} ATTEST Secretary (Print Name} SURETY By: Attorney-in fact (Print Name) The Resident Agent of the Surety in Nueces Cou~tv, notice and sez-wice of process is: Agency; Contact Person: Texas/ for deliFeryo£ Phone ~er: (NOTE: Dale of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 CITY OF CORPUS DISCLOSURE O[ DI ~LOSU~E QUB~ TIONS the L'e~tzoe ~/do o£ t~L~ l)~ge oz at~h i~at~ tho r~mms of each official of the City of Corpu~ Chria~i having an ~ner~hip Addendum No. I Page DEFfN~TIONS CX~y Cmm~l o£ ~ ¢~ty ~ COL~LO ChrXe~, ~ q~ud~g ~£ th~ c.t~ o~ Coz~ue C~Xe~L, Texas. Addendum No. 1 /~ Atts~nmot No. ~ Pege 8 of 8 O/O ~QYd ~Z~:8~ SO-O-B~d !~OS~OBB~B~ ~0~8 ~?~B~YI dH :AB ~N~8 AF~ 1~ 2005 2:21PI~! S]EVEN L THOMA 972-625-9178 AOOFta. ¢I RTII=ICATF OF LIABILrrY INSUI:?. .NCI= 5201 $, Colony glvd. The C~l~ny ~ 7~056 C~e=t Co~ T10 BuEfalo Co~us ~ri~ ~ 78~01 NO, 4844 P, 1/5 415/2005 TH~9 C~TIFICAT~ I$ ISSUe) AS A ~ER OF ~FO~N O~Y AND ~S NO R~ U~N ~ ~ ~ ~ C~FICATE DOE~ H~ ~, ~D OR klgR T~ ~GE A~ORDEO BY ~E P~IC)~ e~* ~&Ameri~ ~.~rcury Ius. Co. * ~RI~Nt. Hawley Tn~uranc~ ~,m IN~O, ~ oP u~ u~A~ cr~ -/ ¢ m~e~J. ~G~q~c.¢~ ~,// 2,000,000 09/24/2004 0g/24/2005 $ h£;Roll~/ ~ & ~uvee: ~.m~liOlml~t Ff 20O$-P~'~j. NO, 2~-~?, C{t'y oP ¢oz'F~I C"~:~,~'ci ie .?,llt~ a~ ~a~gL~ttanal in.luzl,~ CI=9,11RCATEHO~D~R (361)B80-3§01 City of Corpus C~rlstl Department o£ ~ngineetinq Ser-~ice~ Corpu= Chrt$~, TX ~(69-92~~ CANCELLA'~ON © ACORD C~RPORATION t988 AC_O/gO,. CERTIFICATE OF LIABILITY INSURANCE HARTFORD A?k 13 ~00~ ~:~2Pf~i SlbYbN C IHOMA% 91~-62~-~11~ M0.4844 ?, 2/b POLICY NUMBER:. CLS0956528 ~ CO JO to t0 0t THIS ENOOREEMENT CHANGES THE POIJCY. PLEASE READ/T CAREFUM.Y. ADDITIONAL INSURED - OWNERS, LESSEES OR ~ CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION A~y Pa[sen or Organi~Y~e~ Subject to Sect~an II ('V~AO i; in InlurKI) That ~le NJUlleCI InSUred ks R~clulred by VaIJcl Co~llac"t t~ name as en Additional If nD Inb'j appeals a'Dove, informatlln required to completer thla end0rsomer~t will bi shc&wn Ir~ Ihl De~a~llo~ll performed for t#lllnsrumd. Thll iniurlnce doe; not opply lo 'bOdily tn- Jury' o~ 'property damlge" occurring ,/ (t) All wark, In~u~lng mltirtlll, pal'll or t~ b. perf~rmid by or on behel[ of ~e idd~oni~ ~su~d(i) if ~l ike of ~e been pul la lb ~lended u~l by Iny principal ns · pad of~e lime pra~cl. Authorized Representative cO 20 10 1o O~f ~ ISO Propedles, Inc., 2000 Pap 1 M 1 2005 2:22P~1 5iEVEN L IHOMA:¢ 912-625-9118 NO, 4844 TE~gQIB P.O. Box 9277 Co~us Chd~, ~ 7~77 A~ i: Lu~ L:L:W% ~I~V~N L IHUMA¥ ~/2-625-~t/8NO, 4844 ?, 5/5 Pe~ /CA Tr~0c~ CI-1A.NGF.~. AMIE~)~ OF Nc. Ml.Z~'l'Iobr PRO~I$1ON$ OR OOVRRAO]E ' CI~NGE 2, NumDor of ~ay~ ~d".,~.nee ~atic~: THIRTY Ak'~ 'Ii 2005 2:2~PN~ SIEVEN L IH©MAS 9l~-628-9/IB NO, 4844 P, 4/5 04-05-2005 CamRee_ t Corp. Ap~ I4 2005 V:~O~M HP LRSERJET FRX ~ p.,2 TEXAS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY MANUAL Original Pflntlng Efl~c~ve January 1, lg~4 WC 42 I~, O' TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only lo the Insurance provided by the policy because Texas ~s show~ in Item 3,A. of the Ini'ormafion Page. In the event of cancellation or oIher materiaJ change of the policy, we will mall advance nolJca Io I~e person or organizalion named In the Schedule. The number of days advance nolice is shown In the Schedule. This endomement shall not operate direcl:ly or Indirectly to benefil anyone not named In Schedule. 1. Number of days advance notice: 30 2. Nol~ce will be mailed to Schedule / CITY OF CORPUS CHRISTi DEPARTMENT OF ENGINEERING SERVICES A'rrN: CON'I-RACT ADMINISTRATOR P.O. I~OX 9277 CORPUS CHRISTI, TX 76409-9277 L~e I~Is endomen~nl If Taxai~ i ihown In IIarn 3.A. ~ Ifli In~'ma~en Page and Ifle Insure r egmea ~, give IO i thl~ POLICY HOLDER: SERVPRO OF TEY..AS, I.LC / CAMR=- ~ ~ CORP POLICY #: 6,.~6OUB-O351B15-3-03 V/ EFFECTIVE DATE: 01/12./05 - 01/12/06 COUNTERSIGNED BY: ~~,~