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HomeMy WebLinkAboutC2005-167 - 3/8/2005 - ApprovedF O RM S S P E C I AL P R O V I S P E C I F I CAT I AND OF CONTRACTS FOR S I 0 N S 2005-167 03/08/05 M2005-078 Enviro Remediation Coatings © N S AND BONDS SANITARY RING SEWER AND STORbS~ATER~OLE & COVER ADJUSTMENT FY2005 Prepared by: Jose F. Trejo, P.E., R.P_L.S. DEPARTMENT OF EGINEERING SERVICES City of Corpus Christi 1200 Leopard Corpus Christi, Texas Phone: 361/8803 500 Fax: 361/880-3501 Wastewater Department I PROJECT NO: 7328 I DRAWING NO: N/A FOR & Storm Water Department CITY OF CORPUS CHRISTI, TEY~AS Phone: 361/880-3500 Fax: 361/880-3501 I ity of orpus Christi ADDENDUM NO. i I February 11, 2005 TO: ALL PROSPECTIVE BIDDERS PROJECT: SANITARY SEWER AND STOP/~WATER MANHOLE ~CING & COVER ADJUSTMENT FY2005 PROJECT NO: 7328 Prospective bidders are hereby notified of the following modifications to the contract documents. These modifications shall become a part of the contract documents. The provisions of the contract documents not specifically affected by the addendum shall remain unchanged. I_ PART A - SPECIAL PROVISIONS A. PARAGRAPH A-3 Description of Project and Notice to Bidders DELETE: ...and new biofilters .... from the first sentence. B. PARAGRAPH A-50 Supplemental Time of Completion / D*m~ges DELETE: This contract proposes to adjust the heights of (100 ea.) manhole rings and covers (Base Bid) and (40 ea.) manhole rings and covers (Additive Alternate)_ This contract proposes to adjust the heights of (140 ea.) manhole rings and covers (Base Bid) and (20 ea.) manhole rings and covers (Additive Alternate). C. NEW PARAGRAPH A-59 General Clarifications 1. All Sanitary Sewer and Storm Water manhole rings and covers are typically 2 feet in diameter. If 3 foot diameter rings and covers are encountered and require adjustment, then the the cost of those adjustments shall be negotiated, on a case by case basis. ADDENDUM NO. 1 Page i of 2 2. Jeff-coat coating will only be required on concrete height adjustment rings. Jeff-coat coating will not be required on HDPE height adjustment rings. Please acknowledge receipt of this addendum in the appropriate place in your PROPOSAL FORM. END OF ADDENDUM #1 JFT/rs Jose relo, P.E., R.P.L.S. Acting Assistant ~irector of Engineering Services ADDENDUM NO. 1 I Page 2 of 2 FORMS S P E C I AL P R OV I S P E C I F I CAT I AND OF CONTRACTS FOR SIONS ONS AND BONDS SANITARY RING SEWER AND STORMWATER MANHOLE & COVER ADJUSTMENT FY2005 Prepared by: Jose F. Trejo, P.E., R.P L.S_ DEPARTMENT OF EGINEERING SERVICES City of Corpus Christi 1200 Leopard Corpus Christi, Texas Phone: 361/8803-500 Fax: 361/880-3501 FOR Wastewater Department & Storm Water Department CITY OF CORPUS CHRISTI, TEXAS Phone: Fax: IPROJECT NO: 7328 IDRAWING NO: N/A 361/880-3500 361/880-3501 (Revised 7/5/00) Sanitary Sewer and Storm Water Manhole Ring & Cover Adjustments ~ 2005 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CO~T~ACTORS - 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 - SPECIAL PROVISIONS A 1 A 2 A-3 A-4 A-5 A-6 A-7 A ~ A-9 A-10 A-il A-12 A-13 A-14 A-15 A-16 A 17 A-19 A-20 A 21 A-22 A 23 A 24 A 25 A-26 A 27 A-28 A-29 A-30 A-31 A 32 A-33 A 3~ A 35 A-36 A 37 A-38 A 39 A-40 A 41 A-42 A-44 A 46 A 47 A-48 A-49 A 50 Time and Place of Receiving Proposals/Pre-Bid Meeting Definitions and Abbreviations Description of Project Method of Award Items to be submitted with Proposal Time of Completion/Liquidated Damages Workers Compensati©n Insurance Coverage FaKed Proposals Acknowledgment of Addenda Wage Rates (Revised 7/5/00) Cooperation with Public Agencies (Revised 7/5/00) Maintenance of Services Area Access and Traffic Control Construction Equipment Spillage and Tracking Excavation and Removals Disposal/Salvage of Materials Field Office (Not U~ed) gchcdulc and Ecqucncc of Conatruction (Not Used) Construction Staking Testing and Certification Projeot gigno (Not Ueed) Minority/Minority Business Enterprise Participation Policy (Revised Inspection Required (Pc¥ioed 7/5/00) (Not Used) Surety Ponds gales TaK g×cmption NO LO~CER A~PLICABLE (6/11/98) (Not Used) Supplemental Insurance Requirements Rcuponuibility for Damage Clalmo (Not Used) Considerations for Contract Award and Execution Contractor's Field Administration Staff Amended "Consideration of Contract" Requirements Amended Policy on Extra Work and Change Orders Amended "Execution of Contract" Requirements Conditions of Work Precedence of Contract Documents City Watcr Facilities gpccial Rcquircmcntu (Not Used) Other Submittals /~e¥ised Amended "Arrangement and Charge for Water Furniuhcd by thc City"(Not Used) Worker's Compensation Coverage for Building or Construction Projects for Gouerr~nent Entities Certificate of Occupancy and Final Acceptance (Not Used) Amendment to Section B-8 6r Partial Estimates Ozone Advisory (Not Used) OSHA Rules & RegulationsA-43 Amended Indemnification & Hold Harmless Change Orders (4/26/99) AG Built Dimcn~ioms and Dra~ings (7/5/00) (Not Used) Disposal of Righly Chlorinated Water (7/5/00) (Not Us~) Pre Construction E]£plorator~' Excavations (7/5/00) (Not Used) Overhead Electrical Wires Amend "Maintenance Guaranty" (8/24/00) Supplemental Time of Completion/Liquidated damages A-S1 Pavement Repair A-52 Site Sequencing and Maintenance A-53 Saw Cutting E×ist]ng Concrete and/or Asphalt A-54 Standard Specification A-55 Construction Draw,ngs A-56 Sanitary Sewer & Storm Water H~ole R/n§ & Cover Adjustments Location Clarification A-57 Traffic Control Requirement for S~tary Sewer & Store Water ~nhole Ring & Cover Adjustr~nts A-5~ Sanitary Sewer & Storm Water Manhole Ring & C~ver A~jus~J~ents Work Clarification PART B PART C P~.RT S - GENF_~R~J~ PROVISIONS - FEDEI~%L ~GE RATES ia~ND BEQUIREMENTS - STANDia~D SPECIFICATIONS 025404- 025412- 025424- 027205 030020 032020- 097020- Asphalts, Oils, and Emulsions (S-29) Prime Coat (Asphlatic Material Only) (S-30) Hot Mix Asphalt Concrete Pavement (Class A) (S-34) Fiberglass Manholes Portland Cement Concrete (S-40) Reinforcing Steel (S-42) Exposed Aggregate Finish for Concrete Sidewalks (S51) PART T - TEC~NICJ%L SPECIFICATIONS T27000 Adjustment of Existing Manhole Ring & Covers LIST OF DRA~INGS Sheet 1 Sheet 2 - Sheet 2A Sheet 3 Sheet 4 - Typical Application Traffic Sheet 5 Ty]uical Application Traffic Sheet 6 Typical Application Traffic Sheet 7 - Typical Application Traffic Sheet 8 Typical Application Traffic Sheet 9 Typical Application Traffic Sheet 10 - Typical Application Traffic Sheet 11 Typical Application Traffic Sheet 12 Typical Application Traffic Sheet 13 Typical Application Traffic Sheet 14 Typical Application Traffic Sheet 14 - Typical Application Traffic Sanitary Sewer and Storm Water Standard Details Sanitary Sewer Standard Details Storm Water Standard Details Typical Application Traffic Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail Control Detail NOTICE PROPOSJtL/DI SC~SDI~ STJ%TF~ENT PAI~4ENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Sanitar~ Sewer and Storm Water Manhole Ring & Cover Adjus~nt F~2005; Part A consists of a Base Bid quantity of 70 Sanitary, plus an ~tive Alternate q~antity of 10 manhole ring & cover height adjustment, new manhole cover a~d new bio filters (city wide); Part B consists of a base bid quantity of 70 plus an additive alternate c~uantit¥ of 10 Storm Water manhole ring & cover height adjustment; all in accordance with the plans, specifications and contract documents; Will be received at the office of the City Secretary until 2z00 p.m_ on WednescLay, Feb~,a~y 16, 2005, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Tuesday, February 8, 2005 at 2:00 p.m. and will be conducted by the City. The location of the meeting will be the Departm~_nt of Engineering Services Main Conference Room, Third Floor, City Hall, 1201L~,~,p.,td Street, Corpus Christi, TX. A b~d 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-respond<ire proposal which will not be considered. Failure to provide required perform~l,oe an{] payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars (~50.00) ts a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract 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 opiniun, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Angel R. Escobar, P.E. Director of ~ngi~eering Services /s/ Armando Chapa City Secretary R~vised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised September, 2000 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Comaw~cial General Liability including: 1. Commercial Form 2. Premises Operations 3, Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hzzard 6. Con~xactual Ir[surance 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL 13,[PAIRMENT COVERAGE blot limited to sudden & accidental discharge; to include long- ,em environmental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER 52,000,000 COMBINED SINGLE LIMIT $1,000.000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $ 1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGDE LIMIT _ REQUIRED X_.. NOT REQUIRED See Section B~-I 1 and Supplemental Insurance Requirements __ REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements __ REQUIRED X__ NOT REQUIRED Page I of 2 OThe Cily of Corpus Christi must be named as an additional insured on all coverages except worker~ compensation liability coverage. C)The name of the project must be listed under "description of operations" on each certificate of insurance. (2}For each insm-ance coverage, the Con,actor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Conh-actor 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 con~act. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-$500. NOTICE TO CONTRACTORS - B NOTICE TO CONTRACTORS B WORKEP,' S CO:.:PE:~SATION COVER.~GE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR GOVE_~/~MENT ENTITIES Texas law requires that most contractors, subccmnractors, and others providing work or servlces for a City building cr construction prcjecn must be covered by worker's compensation insurance, authorized self-insurance, or An appreved worker's compensation coverage agreement. Even if Texas law does not require a contractor, subcontractor or ethers performing project services (including deliveries to the job site) no provide 1 of the 3 forms of worker's compensanion coverage, the City will require such coverage for all individuals providing work or services on this Projecn at any time, including during the maintenance guaranty period. ~-~otor carriers which are required to regisser with the Texas Deparumenn of Transportation under Texas Civil Sta~u~es Article 6675c, and which provide accidental insurance coverage under Texas Civil Statutes Article 6675c, Section 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 110.110, a copy of whick is attached and deemed incorporated into the project contract. Please note that under section 110.110: certain language must be included in the Contractor's Contract with the City and the Contractor's contracts with subcontractors and others providing services for the Project; 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 required notice at the job site. By signing this Contract, the Contractor certifies that i5 will timely compi-:' with these Notice to Contractors "B~ reguiremenus. Title 28. ENSL] &NCE Part [I. TEXAS V,:OR_I-CERS' COMPENSATION COMMISSION Chapter 110. REQUI]R_ED NOTICES OF COVERAGE Subchapter B. EMPLO'FER NOTICES § I10.110 Reporting Reouiremeats for Building or Constructioo Projects for C,-overnmeatal Entities (a) The following words a_nd ten'ns, when used in this ruJe, shMl have the following m,~nings, unless the context clem-[y indicates otherwise. Te.wns nar defined in tl~s rule shall have the meaning defined in the Texxs l ~hor Code, ir' sa (l) Ccrti.fic.z:e of cove,'-zge (ce.'-'_ificate ;-A copy ora cemficate cf ;=..:.sux-znce, a ce.w.i.fica£c of audaoriry Ia seLf-insure issued by the ce. remission, ar a workers' compe.'~satJon coverage ag:reemenr (TWCC-81, TWCC-$2, TWCC-83, ar 'D,VCC-84), showing sw. amtory, workers' compensanon inxura.ncc coverage for the person's or enr. ky's employees (including those subject to a coverage z_m'ecment) providing services on a projec-~ for the duration of the project. (2) Building or construct/on-Has the meaning defined in the Texzs Labor Code, § 406_096(e)(1). (3) Conrracmr--A person bidding for ar awarded a building or co,usu-ac-don project by a govemm~tzl (4) Coverage-Workers' compensation insurance meeting the statutory requirements of the Te:r.~ Labor Code, § 401.011(44). (5) Coverage zm-eement-A written zero,merit on form I'WCC-~ l, form TWCC-82, form z-%VCC-83, or form '1"WCC~84, filed with the Te.'~.s Workcz's' Comport.sudan Commiq~iou whicll es~aJ:ll~ches a rcl~ion~hlp betwcem the parties for pm-poses of the Texas Workers' Compensation Act, puz~,~nt to the Tcxa~ Labor Code, Cha.pter 406, Subchapters F and G, as one of cmployerlcmployee and establishes who will be respans~l¢ for provMlng workcr~' compea.~tioa coverage for persons providing services aa the project_ (6) Duradon of the project-~cludes the time from t.he beginning of work on the project umil tko work on the project has bee.'~ compie:ed '..nd acccored by the govermmenral entity. (7) Persons cro,,qding se.~'ices on the project (%ubcoarr'zctor" ~,': § 406.096 of the Act)-V, Sth the e×cepdon or-aersons ex:!uded under subsections (h) and (i) of this section, includes all persons or entities perfom~in~ all or part of the services the contractor has undeaxaken to perform on the project, re~zardless o£whe~her r. ha[ person contrac:ed dLrecdy with the conu'actor ,nd regardless of whether that person has employer. This includes but is not limited to independent corm-ac-tars, subcontractors. leasing comau, tales, motor ozrriers, ow'ner--o~erators, employees o~any such entity, or employe~ of any entity f~rmshJrug persons tn perform se.'2v/ces on the proje=. '5er'4ces' includes but is not ILmJted ~o?~c~ ro cout~um-ro~s - -= httpJ/,.m.t, xv sas state..tx.ushac/2S/IL/110/'BI110 110.htmJ va,~, ~ at ~ 2ST.:-.C :~ ~:, Page2cf~ 'o u-:',;c:-= .... dna o: deE','e,dn~ equipment or =..z:=~s. or :rcviding labor, :=;msoc=z::crk or other se~c~ rs:ars: :o a projcc:. "Se~ccs" does not u ...... a~, ........ crated ro thc project :~cn ~ foo~'Se','erz~ '.endors, c~c= suoply deEx'edes ~nd d~Sve~' of 7a~mbte to~e~s. (g) Pmje=-L%!udes the pro','tsion ofa~ se,wines re!w. ed to a buSdLnz or canstmCUon ccz:=act for a gove,"m'ae:::'i enUW. ('b) Pro'tiding or causing to be provided a cerd. ficz:e of coverage ?ursuan~ to this rule is z represe2,,:5c:, by the imured '.hat ~12 employees of~e insured who are providing services cn the proje~ ~"e cc',,ered by workers' comper~afion coverage, tha~ the coverage is b~ed on proper reporting of c!=suScafion Cdes and payroll a.mou~,ts, and that va1 coverage agreements lave been filed ~ t~e appropriate Lmq.tr~nce ca-,'Tier or, in the c~se ot'a serf-immured, ,Mdx the comm~sion's DMsion of SeLf-IrsurL%e ReguJzu0n_ Providing false or misie, zding ce."fi~cat~ of coverage, or fa{;;ng to provide or w, zint~in required cover-age, or fa;l;~g 'tc repo~ any cia_nEe thai materially affects the provision of ~verage may s'~bje~t the contractor or other per, on providing services on the project to adrninisu~dve uenalties, crimirmi penalfie% civil pe::,',fie~, or other civil actions. (c) A goverv.=ental enfi .fy d-_~ enters into a buildL~g or consmac'2on contract on a proje~ shall: (1) inciude ~ ~e bid spec~c, atior~, all the provision~ of p~a~m-aph (7) of this xubseavfion, using the Language required by parade-apb (7) of this (2) a.s p~rt of the contract, u. smg the las'~uage required by pa.ra_m-~ph (7) of this subse~on, require contraC, or to perform as requked in ~bseeUon (d) of this sectiorg (3) obtain ~-om the contras, or a certificate of coverage for each peson providing services on the project, prior to thx~ person be~nfil.ng work on the project; (4) obtain ffcm the conL~¢or a new certificate of coverage showing extension of coverage: (A) before the end of the oar:-, ent cover-age period, ffff~e contramor's em-rent certificate c£coverage shows th~ ~e ~verage period endz during the duration of the pro.ica-,4 and (B) no later al'am seven days v_rter the expiration of~e coverage for each other per, on provi,4i-g service~ on the project whose cun-ent certificuc show~ that the c~verage period end~ dumag the dm'orlon of'the project; (5) retain ce:-fi:ficates of coverage on file for the duration of the projet-t and for three years the. reaRer; (6) provide z copy of the ce,'-Jficares of coverage to the commi..~ion upon reque_~ and to any person enfifle~ :c them by law; and (7) use the Iz=,gaage contained in the following Figure I flor bid speci.ficafions and'contrzc=s. ;;5thom any additionv5 words or changes, except those required to accommoda, te the specific document m which they ae contained or to impose stricter stand--ds ofdocumentatmn: T28S110.110(c)(7) tb[ httpJ/v--.,.~v $os.stzte.tx. us/tacJ2S/II/1 10/B/110 110.htrrJ 8/7/98 2E TAC 110 Il0 Page .5 of 6 ~) X com~c~or sh~: ~i) provide coverage for its empicyees Fr~viding services on a project, fo.- ti:e duration oft. he proje~ :~ed on proper repor~mg o£clazs.:'=-c~'-:on codes and payroll anaounts ~-n~ ~::.':.g of any coverage z~eements; /2) provide a cerdfi~te of coverage showing work:m' comper~atJon cove:-~ge to the governmenr.~.l ~-nucy prior to b _egi/an;ng work on E,'le project; (3) provide the governmen.ta.I enuE,', F.'-ior to the end of the coverage peso& z new cm-tifica.~e of cover,.ge showing ex-tern-ion of ccver~ge, if thc coverage period shown on ~e contractor's current :erfilScate of coverage ends during the duration of the project; (4) obr:~;n fi-om e.~ch person providing services on a project, ~nd provide to the governmem=l entity: (A) a cerrific, ate of coverage, prior to rh,t person be-g'i~'nning work on the proje~-t, 2o thc governmental entity will have on file cm-tificazes of coverage showing coverage for all pe."~ons provicl, hag services on ~-_e project; ~nd ~7~) no later thma seven days alter receipt by the contractor, a new certificate of coverage showing ex'ten.~on of coverage, if the covm-~ge period shown on the currom C~L~C~:e of coverage e,,dc during thc dura~on of the project; (5) reta.m all required certificates of coverage oo file ['or the duration of the project and for one year (6) nofif-y the governmemal ~,ity in wri~ng by cm"Qffed mail or personal de/.ivery, within tea day~ a. Rer the co.~,,u:tor Imew or should have known, o~'aay ~h~.ge that ,-.~efiall7 a~ect~ the provision of cuverage of any peraon pmvidlng se:-vic.~ on the project4 (7) posta notice on each project site im'orming all per~ons providing serviee~ on ~e proj~ ~ ~ ~e ~ to be ~v~ md ~g how a p~on ~ v~ ~ ~e ~ r~ ~e to p~de ~v~e_ ~ no~ d~ ao~ ~ o~ ~ng ~~ ~pos~ by ~e ~ or o~ ~on ~. ~ ~o~ ~,~ be ~ ~ a ~e ~ ~ I~ 30 po~ bold ~ md t~ ~ ~ 1~ 19 po~t no~ ~ .M s~ be ~ ~ ~n~eh ~d S~ni~h ~d ~y O~ I~e to ~ ~&er pop,,I.Hom ~t~ for~e ~ ehnll ~ ~ fO~O~ t~ p~d~ by ~e REQ~ WORKERS' COMP~-NSATION COVERAGE "The law requires thnr e~ch person wor~-ing on thi~ site or providing services related to ~ coustruction project muu I~ covered by worker~' comper~oa insurance. T_~_Ls iaclode~ peraorm providing, hauling, or delivering equipmem or materS,~, or providing labor or ~portafioa or other service rotated to the projec~ regm-dle~s of the identity of their employer or st~'us ~ an employee." "Call the Texa~ Wot-kerf Compemzdon Commission at 512-440-3789 to receive information on the legal requirement for coverage, to ver'i~, whether your employer has provided ~he required coverage, or to report an employer's failure to provide coverage." ,o-rzc-z :o co~u~c~op.s - . hrtpJ/wv.~w.sos.state.tx.us/tac/2gllTd110/B/110. I lO.html ae,~.,,c~ ~/za/~e~ 8/7/98 (8) ccnr-'zcm~ily rcqu~c ~:5. ~erscn v, ith whom., i: coacrz¢.~ :: ::ovide setMces on z proj¢~ to: (A) provide coverage b~ed on proper reporting o£classificadon codes ,-nd payroii zmounts and filing or' ~ny coveralze am-~men% for ~ ot'i:s empicye'.-s providing se,'Mces cn the proiec. £=r the duration of the project; (B) provide a cerr. ificzts o£ coverage to the contractor prior to that person be~mnrfi.ng work on the projec:; (C) [nciude in alt conu-~s 2o pro,ride se:v'ic~ cn the proje~ the ia.n~age in subse~Jen (e)(3) of rh.is section; (D) provide the cona2.~¢:, prior :o the end of~e coverage period, a new cerfific2:e or'cOverage showing e.,rr~,~ion or'coverage, k'the covemg_e period shown on the curret~t cerd.ficare of coverage ends du.dn~ ~he dm-,mon of the proje~; ('E) obtain from each other per, on with whom i: conu-ac-'. % znd promde to the con:minor. (i) a ce."dfiCate of coverage, prior to the other ~e:'son begfirmmg work on the proje-cz~4 ,_..nd ('u3 pr/or to the end of th.e coverzge period, a new cen:fficaxe o£coverage showing em,'"~ort of the coverage period, [t'thc coverage period shown on the current ce.'-rificate ofcove~ge ends during the duration o/'the project';, CO remm all required c=-dficate~ o£coverage on file for the duration of the projecz *-nd for one year thereat~er;, (G) notify, the goveammen, tal entity in wri~g by certified rn:,il Or person~ delivery., v.-h-hi, ten days alter th.e person knew or should have known, of any ch:,~ge that m~erially affe~.s the provision of cove4-~_e of any person providing services on the project.; and (H) coma,~cmally require each other person with whom it conrr-ac',.~, to perform ~ re,T.~/.red by subpaz"ag~aphs (A)-(I-r) of ~h;~ para.graph, wixh the certificate ofcove.~e to be pro'.~ded to the person for whom they are provld~n~ sci'vices_ (e) A person provirling service~ on a project, other ~ a contractor, sba/l: (1) provide coverage for its employe~ providing services on a project, for the duration of the project based oa proper reporting ofclassific.afion codes and payroll amoum, s ~nd filing of~y coverage (2) provide a certificate of coverage ~s required by its contract to provide services cn the project, prior m beginning work on zhe project.; (3) have the following, la.nffuage in its contract to provide services on the project: "By signi~§ this contr'ect or providing or cau.~g [o be provided a certi.ficale of covenLge, the person si?lng t.h/s contra~ ks repres,-n6ng to the governmental entity that ,11 employees o£the perxon s~?ing thi~ conrrac: who will prov/de serv/ces on the projem will be covered by worke~' compensation coverage hrtpJ'/ww'w.sos.s'tate.~_u.qtac/2g,qJJl 10/B/I 10. 110.ho'ul loc d~: S"~don of C:: projcC% :hat thc ~','emBc codes ~d pa~oH ~o~, ~d ~at ~ ~v~mge ~eeme~m '~ be ~ed ~ ~e zppropd~e Re.dom Prolog fMsa or ~[~ pe~dCS, C~~nnl ~cn~d~, C~ pe~dc~, or o~ (4) provide the per~oa for whom i: L~ prov~dLug sendce~ on thc projecL prior [o the end of*he coverzge period sho~'a on its current certhSca:e of coverage, a new ccrli6caze showing ex~en~on of coverzga, k-~hc covc~gc pcdod shown or, ;he certificate of cove.s, ge cnd~ during thc dur~Jon of the proje~.; (5) obcai~ ~'om each pcr~on providing sc.wiccs on a proj¢c:, undo' con~ract to iL and provid~ a~ requk~d by its conu-zc~: (A) a card~c~e of covacage, prior to the oCaar per~oa beginning work on thc project; and (-B) prior to ~¢ emd of the coverage period, a new c~'t~-~e of cove~-age showimg ex~em.~oa of the cover~_e per~od, if~he coverage period show'a oa the c~-r~n~ cerd~ca.~e of c~verage end~ dur~g the du~don of d~e projec~ (6) retain ~ req~'ed c~-d~cate~ ofc~vemge oa ~e for d~c durmdoa of the proje~ ~md for oae yea~ (7) nodf~ the governmental e-dry in writimg by ~ ~H or p~ d~, of~ ~ge ~t ~y ~ ~e pm~on of~v~e of~ ~n pro~ s~ on ~e p~j~ ~d send · e ~d~ ~ tea da~ ~ ~e p~n ~ or ~o~d ~ve ~o~ of~e ~g< ~ (8) conwa~,.,y req~h'e each o~her person ~kh whom it coma'acz$ to: (A) provide coverage b~ed on proper reporr;wf of c.,lassi~cagom oodes ,nd p~U ~o""~ ~ ~ of~y ~v~e a~ for ~ of~ ~mploy~ pro~i~g s~ o~ ~e proj~ for ~e d~oa of~e ~j~ (B) provide a ce: fifi~te of coverage to it prior to rk,t od:= per, on b_,~f--;ng work oa ~e projecz; (C) iaclude h~ all coawaca to provide servic~ o,~ the projec~ the l.-~age in paragraph (3) of this subse~io~; ('D) provide, prior to the end of the coverage period, a new ce~ ~ficaze of coverage showing ex'teasion of~e cove~'-~c period~ if the coverage pe:-io<t shown on ~he cu.,T~X cer~fica~e of core. ge emd~ during the duration of the project; (E) Obtain fi.om eACh othel- per~on under ccntm~ to it to provide services on the projecq ~.d provide ~ required by its contract: (i) a cerr~cate of coverage, pdor to the o~er per~oa beginning work on the project; ('u-) pr/or to the e_nd of the coverage period, a new certific, axe of coverage showing exxen.sioa of Lhe eover~e period, if the coverage period shown on the oarrent certificate of coverage e~:~ during the hrtp//u,-ww sos ~tate.t~us/tac/28/H/l IO/B/110. I lO.html 87/98 z~ ~^ut!u.i,u Page6of6 duration of :he conr.~c:: (T) retain .i1 required c~'-a~ca::s of coverage on file for the durauon of lbo projec~ md for one year (G) notify, the govcrmnenr.,~J, cnd~ in wrid.ug by c, er'tified mail or per~o,'-~._i delivery, within ten d~ys after the person knew or should have known, or,ny change that mzreH~iiy affec-~ the provi~on o£ coverage or,ny person proviciing service~ on the projec=: and (H-) contrac-:uaJly require ~ch person with whom k conumcts, to perform a.s required by this ~ubparagraph and ~bpara_m-apNs (A.)-(G) of'this paragraph, with the cen~icale otc. overage to be provided to the person for whom d~ey are provid;"g services (0 If'any provision o£tl~ rule or its applinahon to ~ny person or ~iro~c.e is held invalid, the invalidity dos not ~'~ other provisions or applic~.tions oftl~ rule t~t can be given effect without the inv'~lid provision or application, and to ~ end the provision~ oftl~ rule ~re declared to be sever~le. (g) This rule is applicable for building or con_sm~c'tion conu'acts adver.Jsed for bid by a governmental endt)' on or der September 1, 1994. ~ rule i~ also applic;~ble for those building or co~m~on coub'ac~.z entered into on or m'~er September 1, 1994, wNc, h are not required by law to be advertised for bid. ('h) The c. overage requh-ement in this rule does not apply to motor carrier~ who are required pursu~ to Texas Civil Smm~es, Aa-fide 6675¢, to regixter With the Tex~_s Depzrm~enI o£Tr'arks'pot-tation and who provide ac.~id~-.~l insm"~ace cover-~c pursua~ to Texas Civ~ Stm~Jtes, Az'dale 6675c, § (i) The coverage requh'emem ;-'this rule dom not apply to sole proprietors, parme~ .ntl corporate officer~ who mee~ the requiremenm of the Ac:t. § 406.097(n), and who are explicitly excluded from c,r~-age in ._ccor,t.,~e with the Act, § 406.097(a) (as added by House Bill 1089, 74th 1995, § 1.20). ~ subset:ion ~pplie'~ ouly lo sole proprietors, pa.~me~, ,~el corporate exe~.n~ve officers who a~¢ excluded from c. over~je in a~ imura~ce policy or certificate of'a~thoriry to ~elf-insure that is delivere~, i_~ued for d~very, or renewed on or after .]'anuary 1. 1996. Snuff,-' The provisions o£this § 110.110 adopted to be effective September l, 1994. 19 TexReg 5715; mended to be eft'entire November 6, 1995, 20 TexReg 8609. Retuim to Section Index ht~p://w-,vw sos.state t:x-tm,'tac.,'2gfUY 110/BI110 110.html PART A SPECIAL PROVISIONS Sanitary Sewer and Storm Water Manhole ~ing & Cover Adjustment FY2005 SECTION A - SPECIAL PROVISIONS A-1 T~e a~d Place of Re~iving Proposmls/Pre-~d ~meting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, ]201 Leopard Street, until 2:00 p m., Wednesday, Febz-uar~ 16, 2005 Proposals mailed should be addressed in the following manner: City of Corpus Christi C,ty Secretary's Office 1201 Leopard Street Corpus Christi, Texas 78401 A pre-bid meeting will be held on Tuesday, Februa~-~ 8, 2005, begii~r/in 2:00 P_~- The meeting will convene at the Engineering Services Coruference Room, Third Floor, City Hall, 1201 Leopard Streetf Corpus TX. The meeting will be conducted by the City and will include a di:~,:, of the project elements. If requested, a site visit will follow_ No additional or separate visitations will be conducted by the City_ A-2 Defxni=ions and ~/~brevaationa Section B-1 of the Genera] Provisions will govern_ A-3 D~scr~ption of Pro,oct Part, A consists of a k~ase bid o/uantit~ of 70 Sanit~ plus an add~t[ve al ter~ate ~ntity of 10 manhole ring & cover height adjustment, new mlriho~e cover and new bio filters (city wide) ; Part B consists of a base bid c~ue~tity of 70 plus a~n add_%tive alternate qua/atit-y of 10 Storm Water manhole ring & cover height adjustment; all in accordance with the plans, specifications and contract documents; A-4 ~thod of Award The bids will be evaluated based on the following order of priority, subject of availability of funds: 1. Base Bid Part ~A" + Base Bid Part ~B" 2 ~ase Bid Part '~A" · Base Bid Part Add/tire Alternate Part ~B" Base Bid Part "A' + Base Bid Part "B" + ~H~tive Alternative Part "A' + A~ditive ~ter~aative Part "B" The City reserves the right to reject any or all bids, ~o w., ] ye irregularities and to accept the bid which, in the City's opinion, £n most advantageous to the City and in the best interest of the public. Sect/on A - SP A-5 It~ to be S,~mitted with Proposel The tollowing items are required to be submitted with the proposal: $% Bid Bond (Must reference Pro~ect N~ as identified in the Proposal) A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 2. Disclosure of Interests Statement A-6 Ti~e of Completion/Liquidated D-~ges The working time for completion of the Project will be 365 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. See Special Provision A-50 and A-59, Eot supplemental 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, $50.00 pot calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof_ The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation i~surance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. S~ction A - SP 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 subsequent interpretation of non receipt, could have an adverse effect when determining the lowest responsible bidder A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for He&vy Highway Conatructien. Min]3~umPrevailingWag~Scales 5~e Corpus Christi City Council has determined the g~neral prevailing mlrn~m~ hourly wage rates for Nueces Co~ty, Texas as set out in Part C. The Co~tractor and any su~or~t · must not pay less than the s~ecified wage rates to all laborers, workmen, and employed by them in t~ execution of the C~tract. The Co~tractor or s~bo0~tr,~ , forfeit sixty dollars ($60 00) par calendar day, or portion thereof, for ea~n ~.,~, workman, or ~c]~m~ic employed, if such person is paid less t3~% the specified rates for t~he classification of ~rk ~rforr~ed. The Contractor ~]d each subcc~tractor rmust accurate record showing the n~nes and classifications of all labosers, workn~n, a~J ~loy~d by the~ in correction with ~ Project and showing the actual ~ag%s paid to e~ach worker _ The Contractor will make bi-weekly oertified payroll submittals to the City Engir~r. Contractor will also detain copies of such oertified payrolls from all subcc~tl~c!. others work/rig on the Project. These do~mmT~nts will also be suh~/tted to the City bi~ekly_ (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll suhmittalg.) One and or~-half (1.5) times the specified hourly wage must be paid for all hours w~lked in exoess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-l-l, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Co~t~ ~th B~I,~ ~,, (~vised 7/5/00) ~ne Contractor shall cooperate with all public an~ private agencies with facilities o~erating with~] the limits of the Project. The C~ntractor shall provide a forty-eight (48) hour r~Dtic~ to any a~plicable agency when work is anticipated to pro~=ed in the vicinity of any facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notifi(~l ion Outplay at 1-800-669-B344, and the Southwestern Bell Locate Group at 1-800-828-5127. For the Contractor's convenience, the following telephone numbers are listed_ City Engineer 880-3500 Project Engineer 880-3500 Jose F. Trejo, P.E., R.P.L.S. A~ting Assistant Director of E~gineering Services Traffic Engineer/rig Polic~ Water Department Waste~rater ~nt ~ ~ ~,~t Sto~ Water ~ & Rec~ti~ ~nt Strut & ~lid W~te ~i~s ~P 880-3540 882-1911 857-1880 857-1818 885-6900 857-1881 880-3461 857-1970 299-4833 880-3140 after hours) 880-3140 after hours) 885-6900 after hours) 880-3140 after hours) 693-9444 after hours) SBC City Street Div for Traffic Si~/Fi~r Optic L<~cate C~levision AflSI (Fiker Optic) ~ {F~h~r Optic) Choice~ (Fiker Optic) CAPROCK (Fiber Optic) Brooks Fiker Optic (MAN) 881-2511 (1-800-824-4424, after hours) 857 1946 857-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624) 813 1124 (Pager ~88-204 1679) 881-5767 (Pager 850-2981) 512/935-0958 (~4c~ile) 972-753-4355 A-12 Maintenance of Services The Contractor shall take all precautions in protectln9 existing utilities, both above and below ground. The Drawings show as much information 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 type 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 damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. Ail such repairs must conform to the re~fuirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc_), flow must be maintained_ Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary 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 ~rea Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. 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 ramps, 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. All costs for traffic control are considered subsidiary; payment will be made to Contractor. therefore, no direct (Revised A-14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/es spilled materials going to or from the construction area. Hand labor and/or mochas,cai equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system_ No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and P~movals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt_ "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. Ail necessary removals including but not limited to pipe, 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 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must he 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-~7 Field Office NOT USeD Thc Contractor must furnish thc City Engineer or his rcprcucntativc %~ith a field office at thc con0truction site. Thc field office muut contain at lcast 120 uquarc feet of useable space. Thc field office must bc air conditioned and heated and must bc furnished with an inclined table that mca~urc~ at least 30" M 60" and two (2) chairs. Thc Contractor shall movc thc field officc on thc site au required by thc City Enginccr or his rcprcucntativc. Thc field office must bc furnished ~ith a tclcphonc (%;itt 24 hour pcr day ans~cring ucrvicc) and FAX machine paid for by thc Contractor. Thcrc ~ no separate pay item for thc field office. A 18 ~ohedule and ~u~nc~ of Con~truction (NOT USED) Thc Contractor shall submit to thc City Engineer a %;ork plan bascd only on calendar days_ This plan must detail thc ochcdulc of %;ork and must bc submitted to thc City Engineer at least three (3) %~orking days prior to the pre construction mccting_ Thc plan must indicate thc schcdulc of thc follo~ing ~ork itcmu: Pag~ 5 of 24 Initial Schedule! Submit to thc City Engineer three (3) days prier to thc Pre Construction Meeting an initial Construction Progrcos Schedule for rcvic%;. Items to Include: Eho~ complete sequence of construction by activity, idcntifying Work of separate stagcs and othcr logically grouped activities. Identify thc first %;ork day of each 3 Submittal Datcs: Indicatc submittal dates rcquircd for all submittals. 4 Rc Submission: Rcvisc and resubmit as required by thc City Enginccr_ Periodic Updatc: Submit Updated Construction Progress gchcdulc to sho%; actual progress of cach stage by percentage against initial gchcdulc. A-19 Construction Staking Thc drawings depict lines, slopes, grades, sections, mcasurcmcnts, bcnch marks, basclincs, crc. that arc normally rcquircd to construct a project of this naturc. The major controls and bench marks rcquircd for setting up a project, if not shown on thc dra%;ings, %~ill bc provided by thc City £urvcyor. IThe Contractor shall furnish all lines, slopes and ~easure~ents for control of the work. If, during construction, it iu ncc~ssary to disturb or destroy a control point or bench mark, thc Contractor shall providc thc City gurvcyor 48 hours noticc us that alternate control points can bc cstablishcd by thc City Surveyor as hc dccms ncccsuary, at no cost to thc Contractor_ Control points or bench marks damaged as a result of thc Contractor's ncgligcncc will bc restored by thc City Survcyor at thc cKpcnsc of thc Contractor. If, for whatever reason, it is necessary to deviate from proposcd linc and grade to properly execute thc %;ork, thc Contractor shall obtain approval of thc City Enginccr prior to deviation. If, in thc opinion of thc City Engineer, thc rccfuircd deviation ~;ould ncccositatc a revision to thc ~rawingu, thc Contractor shall providc supporting mcauurcmcnts as required for thc City Enginccr to revise thc dra%;ingn. Thc Contractor shall tic in or rcfcrcncc all Yalvcs and manholcs, both c×iuting and proposed, for thc purpose of adjusting valves and manholes at thc completion of thc paving proccuu. Also, thc City Enginccr may rcquirc that thc Contractor furnish a maMimum of two (2) pcrsonncl for thc purpose of assisting thc measuring of thc completed A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to tbs Contractor. The Contractor must provide all applicable certifications to the City Engineer_ 9/18/00) A-21 Project Signs (NOT USED) Thc Contractor must furnish and install ~ Projcct signs as indicatcd on thc follow,lng dra~ingo. (Attachment IV) Thc signs must bc in~tallcd before construction begins and %~ili bc maintained throughout thc Project pcrlo~-~y thc Contractor. Thc location of thc 3igns %;ill bc determined in thc ficld by thc City Engineer_ A-22 ~(inority/gLinority Business Enterprise Participation Polic~ (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City <4ated October, 1989, and any amendments thereto. In accordance with s.z~'rl policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise 2. Definitions Prime Contractor: Any person, association or joint venture as awarded a City contract. firm, partnership, corporation, herein provided which has been Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any congDination of the foregoing under contract with a prime contracto£ 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-A~nericans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1_ Owned (a) For a sole proprietorship to be deemed a mJn~rLty business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assehs or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporati,m, at least 51.0% of the assets or interest in the co~! ,lc shares must be owned by one or more ml~t~ [! v person(s). (Revised g/Id/90) Psge ? of 24 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 monetary distribution paid by the business enterprise Minority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture_ For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25_0% of the work_ Minority members of the joint venture must have financial, managerial, or technical skills in the work to be performed by the joint venture. 3. 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: Minority Participation (Percent) Minorit~ Business ~.nter~rise Participation (Percent) 45 % 15 % These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, inch]ding 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 MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. S~tion A - SP (R~vised 9/18/00) Pag~ 8 of 24 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, itl 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 Inspection Requi~cd (Revised 7/5/00) (NOT USED) Thc Contractor shall assure thc appropriate building inspections by thc Building Inspection Division at thc various intervals of %;ork for %;hich a permit is rcquircd and to assure a final ins~cction after thc building complctcd and rcady for occupancy. Contractor must obtain thc Certificate of Occupancy, %~hcn applicable. £cction B 6 2 of thc Ccncral Provisions ia hcrcby amcndcd in that thc Contractor must pay all fccu and chargcs lcvicd by thc City's Building Inspection Department, and all other City fccs, including watcr/%;autc~;atcr meter fccu and tap fccs au rcquircd by City A-24 Surety Bonds Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas_ Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax E~tion (NOT USED) gcction B 6 22, Ta~ E~cmption Provision, is dclctcd in its entirety and thc follo%~ing substituted in lieu thereof_ Contracts for improvements to rcal property a%~ardcd by thc City of Corpus Christi do not qualify for c)£cmptionu of Sales, E×cisc, and Usc TaMco unless ( ~vi W~d 9/18/00) thc Contractor elects to operate under a separated contract as defined by Section 3.291 of Chapter 3, Tax A~inistration of Title 31, Public Finance of thc Tcaas Administrative Code, or ouch other rules or regulations as may bc promulgatcd by thc Comptroller of Public Accounts of Texas. If thc Contractor elects to operate under a separated contract, hc shall: 1. Obtain thc necessary sales tax permits from thc State Comptroller. Idcntify in thc appropriate space on Othcr Charges" in thc proposal form incorporated into thc Project. thc "gtatcmcnt of Materials and thc coot of matcrialo physically 3. Provide resale certificates to ~upplicrs. Provide thc City %~ith copies of material invoiccs to substantiate thc proposal Yaluc of materials. If thc Contractor docs not ctcct to operate under a scparatcd contract, hc must pay for all gales, EMcisc~ and Usc Taxcs applicable to thio Projcct. Subcontractors arc eligible for sales taK cxcmptiomo if thc subcontractor also complies %~ith thc above rcquircmcnto. Thc Contractor must issue a resale certificate to thc subcontractor and thc subcontractor, in turn, iooucs a resale certificate to his supplier. A-26 Suppl~ntal Insurance Requiremeuts For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insuramce policy, signed by the insurer, stating: In the event of cancellation or material chang~ that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change 1_ Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City 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. (Revised 9/18/00) 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 any person indemnified hereunder. A-27 ~sponsibility for Damage Claims NOT USED Paragraph (a) Ccncral Liability of gcction B 6 11 of thc Central Provisions is amcndcd to includc: Contractor must providc I~Btallation Float~ insurancc co¥cragc t~r the tcrm of thc Contract up to and including thc datc thc City finally acccpts thc Projcct or ~;orl[_ Inot~lletion Floater covcragc must bc an "All bisk" form. Contractor must pay all costs ncccsuary to procure s'dch Inatall&tie~ Flo~ter insurancc covcragc, including any dcductible. The City must bc namcd additional insurcd on any policicu providing such insurancc covcragc. A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of it5 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 amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifyinq all current assets and liabilities. A-29 Contractor's Field A~nistration 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. 9/18/00) The criteria upon which the City Eng,neer makes this determination may include the following~ 1 The superintendent must have at least five (5) years experience in the day-to-day field management arid oversight of projects of a similar size and complexity to this Project. This experience must include, but is not limited to, scheduling of manpower and materials, reinforcing steel setting, masonry, concrete, safety, coordination of subcontractors, and familiarity with the engineering submittal process, federal and state wage rate requirements, and contract close-out procedures_ The foreman must have at least five (5) years experience in oversight and management of the work of various subcontractors and crafts. If the scope of the Project is such that a foreman is not 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 ac~ninistration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent or foreman assuming responsibilities on the Project_ Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A-30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for major component of the work; each A schedule of anticipated monthly payments for the Project duration_ The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. (~vised 9/18/00) A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain 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 /ts participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; A preliminary progress schedule indicating relationships between the major components of the work. The final 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. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e-, Texas {or other state) Corluoration or Partnership, and name(s) end Title(s) of individual(s) authorized to execute contracts on behalf of said entity. A-31 ~ Policy on l~Txa Bork az~ Cl-~-~3m~ Or~ers Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engine~r may authorize change orders which do not exoeed $25,000.00. The Contractor acknowledges that ~aqy change orders in ~ amount in excess of $25,000.00 must also k~ approved by the City Council. Under "General Provisions and Requirements for Municipal Construction Contracts" 5-3-5 F~ecution of Contract add the following: T~ award of the Contract may be rescinde~ at 8ny tin~ prior to the date the City EngLneer delivers a contract to the Contractor which bears the signatures ~f the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, incluciing for breach of against the City, nor is the City obliqat~ to perform ua%der the Contract, the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid~ting r~ferr~d t~ in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the biddin9 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 Te×as 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), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order A-35 City Water Facilities: Special Requirements NOT USED A. Visitor/Contractor Orientation Prior to pcrforming work at any City watcr facility, thc Contractor, his subcontractors, and each of thcir cmployccs must have on their person a valid card ccrtifying their prior attendance at a Visitor/Contractor Safety Oricntation Program conducted by thc City Watcr Dcpartmcnt Pcrsonncl. A Visitor/Contractor gafcty Orientation Program will bc offered by authorized City Watcr Dcpartmcnt p~rsonncl for thosc pcrsons who do not have such a card, and who desire to perform any work within any City watcr facility_ For additional information refer to Attac~nt 1, B. O~oration of City-Ownad Equl~nt The Contractor shall not start, operate, or et~p any p,-~., mot~r, valve, cqui~=~nt, switch, breaker, oontrol, or any othe~ item ~cla~d to City water facility at any ti~_ All such items ~uot be operated by an operator or other authorizcd maintenance cmploycc of thc City Water Dcpartmcnt_ C. Vrotectiou of Water Quality Thc City must deliver ~atcr of drinking quality to its customers at all times. Thc Contractor shall protcct thc quality of thc watcr in thc job uitc and shall coordinate its %~ork with thc City Watcr Dcpartmcnt to protect thc quality of thc water_ D. Conformity with A}IEI/NEF ~nda~d 61 Ail materials and equipment uscd in thc rcpair, rcasocmbly, transportation, rcinstallation, and inupcction of pumps, or any other items, which could come into contact with potablc water, must conform to Amcrican National £tandards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in thc Standard Specifications. Such ~at~rialo includa all aolvonta, cloancza~ lubricants, gaokota, theoad c~m~ound~, coat~ngo, or hy~aulic ~i~nt. Thooo it~ ~o~ not be used ~looo t~y confom wi~ ~I/}I~F E~=d ~ and ~looa ouch i~ ~e inopootod on thc 0itc by authorized City pcroo~ol i~---cdiatuly p~ior to u~e. Thc Contractor shall pro¥idc thc Enginccr %;ith copies of %~rittcn proof of A~]EI/N~F Standard 61 approval for all materials ~lhich could come into contact with potable %~atcr. E. HaneLling and Disposal of Trash All trash generated by thc Contractor or bls cmployccs, agents, or subcontractors, must bc contained at all times at thc water facility site. Blowing trash %1ill not bc allo~;cd. Thc Contractor shall kccp ~ork areas clcan at all timcs and rcmovc all trash GOf~RACTOR'S ON SITE PP~PARATIO~I Contractor's personnel must wear colorcd uniform overalls other than orangc, blue, or ~hitc_ ~aah ~.~lo~oo uniform must provide co-~any nasa and ind/vidual ~-p. loyoo ldoo~ifi~ation. Contractor shall providc tclcphonco for Contractor pcroonncl. Plant tolmphonoo a~o not availabl~ for Con~zactor use. Working hours will bc 7:00 A.M to 5:00 P.M., Honday thru Friday. Contractor must not usc any City facility rcotroomu. Contractor must provide own sanitary facilities. All Contractor vehicles must bc parked at dcoignatcd site, as designated by City Water Department staff_ All Contractor vehicles must bc clearly labclcd with company name. No private employee vchiclcu arc allo~;cd at O. N. Otcvcno Water Treatment Plant~ All personnel must bc in company vehicles_ During ~orking hours~ contractor employees must not leave thc designated construction arca nor wander through any buildings other than for rcquircd %;crk or au directed by City Water Department personnel during cmcrgcncy evacuation. Contractor Qualifications gCADA (SUPERVISORY CONTROL AND DATA ACQUIEITION) ;ugy %;ork to thc computcr based monitoring and control system must bc pcrformed only by qualified technical and supervisory pcrnonncl, a~ determined by meeting thc qualifications 1 thru 9 bclo%l, z~his ~;ork includes, but is not limited to, modification0, additions, changcs, sclcctions~ furnishing, installing, connecting, programming, customizing, debugging, calibroting, or placillg in opcration all hard%;arc and/or software upccificd or required by these specifications. Thc Contractor or his subcontractor proposing to perform thc ~CADA %;ork must bc able to demonstrate thc following: ~c iu regularly cngagcd in thc computcr based mo~ and control system business, prcfcrably as applied t~ the municipal %;atcr and wastc%;atcr industry. A-36 2. lie has pcrformcd work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. 3. ~c has bccn acti¥cly engaged in thc type of work specified herein for at least 5 years_ 4. Hc employs a Registered Profcusional Engineer, a Control ~ystcms ~nginccr, or an Electrical Engineer to supervise or perform thc %;ork required by this specifications. 5. Hc employs personnel on thio Project %ihs have successfully completed a manufacturer's training course in configuring and implementing thc specific computers, RTUE's, and soft~arc proposed for thc Contract, 6. Hc maintains a pcrmancnt~ fully staffed and equipped service facility %lithin 100 miles of thc Project site to maintain, repair, calibrate, and program thc systems specified herein_ 7_ Hc shall furnish ~quipmcnt which is thc product of one manufacturer to thc maximum practical extent_ Where thio is not practical, all equipment of a given type %;ill bc thc product of one manufacturer. 8. Prior performance at thc O. N. gtcvcno Water Treatment Plant %;ill bc used in cwaluating ~;hich Contractor or subcontractor programs thc new %~ork for this Project. 9 Thc Contractor shall produce all filled out programming blocks required to show thc programming as nccdcd and rcquircd, to add these t%;o systems to thc cKisting City SCADA system_ Attached is an example of thc required progra~uning blocks %~hich thc City requires to bc filled in and given to thc City Engineer ~ith all changes made during thc programming phase. Thc attached sheet is an cKamplc and is not intended to oho%; all of thc required sheets_ Thc Contractor %~ill provide all programming blocks used. L. Trenching Requirements Ail trenching for this project at thc O. N. £tcvcnu Water Treatment Pl'ant shall bc performed using a backhoe or hand digging duc to thc numbcr of existing underground obstructions_ No trenching machines shall bc allowed on thc project. Other Submittals 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. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; 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 form_ 9/18/00) 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_ Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms_ Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection- 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. A-37 ~ "/~t and ~-~ge for Water Furnis~ by the City" NOT U~ Under "Ccncral Provisions and ~cquircmcnto for ~unicipal Construction Contracts", 6 15 7krrangcmcnt and Charge for Water Furnished by thc City, add thc follo%;ing: B "Thc Contractor must comply ~;ith the City of Corpus Chrioti'$ Water Con0crvation and Drought Contingency Plan as ~ndcd (thc "Plan"). Thio includco i~lcmcnting %~tcr conservation measures cotablishod for changing conditions. Thc City Engineer %~ill provide a copy of thc plan to Contractor at thc pre construction meeting. Thc Contractor will keep a copy of thc Plan on thc Project eitc throughout construction." A-38 ~orker's Coa~oe~sation Coverage for Building or Constz-uction Projects for Government Entit/es The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A 39 Cortifioatc of Oacup,.~flcy and F£n&l Acoeptance (Not Used) Thc issuance of a certificate of occupancy for improvements docs not constitute final acceptance of thc improvements under General Provision B 8 A-40 ~-~nd~ent to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite_ A %1 aloha Advisory NOT USeD Priming and hot mil( paving operations must not bc conducted on days for which an ozone ad¥ioory has bccn issued, c~ccpt for repairs. Thc City Engineer ~;ill notify Contractor about agone alert_ If a delay ~uch as thim ia experienced, thc day will not bc counted as a %;ark day and thc Contractor will be compensated at thc unit price indicated in thc proposal. A-42 OSHA 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-43 A~eoded In4~-~fication & Bold Harm/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, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants_ The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 C~ange Ord~rs Should a change order (a) 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. (~vis~ 9/18/00) A %5 A~ Bull% Di~onoions a~d Drawings (7/5/00) ~T USED (a) Contractor shall make appropriate dally measurements of facilities conotructcd and ]¢ccp accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of cash facility, thc Contractor shall furnish Owner with one sct of direct print0, marked with red pcncil, to show au built dimcnsiono and locations of all work con0tructcd. Au a minimum, thc final drawings shall includc thc following: (1) Morizontal and Vertical dimcnsions duc to uubotitutions/ficld (2) (3) Changco in cquipmcnt and dimcnoiono duc to substitutions. "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other Changes made A {6 Di~ooal of Highly Chlorina%od water (7/5/00) NOT USED Thc Contractor shall bc rcoponoiblc for thc disposal of water uocd for testing, disinfection and linc flushing in an approved manner. Contaminants in thc water, particularly high lcvclo of chlorine, will bc used for disinfection, and may cKcccd thc pcrmiooiblc limits for diochargc into wctlamds or cm¥ironmcntally sensitive areas. These arc regulated by numerous agcncico such au TNRCC, EPA, ctc. It will bc thc Contractor's rcoponoibility t~ comply with thc rcquircmcnt~ of all regulatory agcncico in thc disposal of all watcr used in thc project. Thc mcthods of disposal shall bc 0ubmittcd to thc City for approval. There shall bc no separate pay for disposal of highly chlorinated watcr. Contractor shall not usc thc City's sanitary scwcr system for disposal of contaminated water. A 47 Pro Conmtructlon E~plo~atory F~cavationm (7/5/00) NOT USED Prior to any construction whatever on thc projcct, Contractor shall c][cavatc and capooc all existing pipclinco of thc project that cross within 20 fcct of proposed pipelines of tho project and Contractor shall survey thc c~act ¥crtical and horizontal location of each crossing and potentially conflicting pipclinc_ For c]£ioting pipclimco which parallel and arc within ten fcct (10') of proposed pipelines of thc project, Contractor shall cKcavatc a~d c]~posc said cKiting pipclincs at a maKimum of 300 fcct O.C. and Contractor shall survey thc accurate horizontal and vertical locations of said parallel pipelines at 300 fcct maximum S.C. Contractor shall then prepare a report and submit it to thc City for approval indicating thc Owner of pipelines c~cavatcd and survcycd, au well as thc approKimatc station thcrcof, distancc to thc pavcmcnt ccntcrlinc and elevations of thc top of c~icting pipclinc0. Cost.astor shall pcrfoz~ no construction work on tho p=ojoct un~il all e~ploratory cxoava~ioo~ hav~ b~on ~du in ~eir ~n~i~cty, ~o reeul~ ~croof (R~vised 9/18/00) Page 19 of 24 E3[ploratory c~cavations shall bc paid for on a lump sum basis. Any pavement repair ausociatcd ~;ith cMploratory cMcavationo Dhall bc paid for according to ~%~e established until pricc of pavcmcnt patching. Contractor shall providc all his o%;n survey ~;ork effort (no scparatc pay) for exploratory c×cavationo_ A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route_ Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees an operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines_ Some overhead lines are shown in the construction plans, while others are not It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not_ A-49 Amended "Maintenance Guaranty" (8/24/00) Unde, "General Provisions and Requirements for Municipal Construction Contracts", B-8-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Suppl~tal Time of Co~letion/ D-~Jges Special Provisions A-6 states that this project has a time of 365 calendar days. This contract is in essence, a twelve (12) month agreement to provide for the height adjustment of Sanitary Sewer and Storm Water Ring and Covers at various locations throughout the City, together with any associated traffic control, pavement repair and other incidental items recp~ired to complete the work. Throughout the contract ~eriod, the Contractor shell be given lists of specific locations where Sanitaz-]{ Sewer & Storm Water N--hole Ring & Cover adjustments are needed. Within ten (10) calendar days of receiving a list, the Comtractor shall mobilize and begin work. The Contractor shall continuously work until all locations ere collated_ "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 Engineer, the Contractor has not worked days when productive work is possible, then the Contractor can incur liquidated damages for those days not worked_ The assessment of liquidated damages is, therefore, not confined only to those days in excess of one (1) calendar year, but can be assessed throughout the year. This contract proposes to adjust the heights of (109 ea-) manhole rings and covers (Base Bid) and (40 ea.) manhole rings and covers (Additive Alternate)_ 9/18/00) Typically, the manholes affected will vary in the height of the required adjustment; as well as, in the specific diameter of the existing ring & cover assemblies, themselves. The Contractor shall be responsible to verify that dimensions/ heights/ diameters are accurate, so that proper materials can be ordered. The Contractor shall be provided a minimum of fifteen to twenty (15 ea.- 20 ea_) manhole height adjustments per month, due to the nature of the traffic control requirements and to allow time for approval of proposed material. The proposed adjustments are to be completed no later than the end of the following month. As the work progresses, the schedule could be accelerated to a maximum of forty (40 ea.) manhole height adjustments per month, provided that the City has identified the locations and determined the work to be required. A-51 Pavement Repair The intent of the pavement repair bid item(s) is to provide the amount of pavement necessary to provide a smooth transition and an acceptable slope from the existing pavement to the proposed pavement repair/co~erete collar with new expap~-~le manhole riser and new cover or new manhole ring and cover assembly (see project plans for typical manhole pevement repair details)_ Initially, the contractor shall only excavate a sufficient width of existing pavement to provide enough working room for the proposed installation. 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 encountered, the asphalt shall be placed in two (2) lifts of approximately equal thickness. A-52 Site Sequencing and Maintenance 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. The contractor beginning work when parking and / or property access is affected. The contractor shall be limited to only having a maximum of five man holes under construction and these must be completed prior to starting a new set. A-53 Saw Cutting Existing Concrete and/or Asphalt Ail cuts made at locations where existing concrete and/or asphalt are to meet the proposed, shall be made by saw cutting. This includes, but £~ not lim/ted to: sidewalks, driveways, streets, manholes, etc., as applicable_ The intent of this provision is that lines where proposed and existing construction meet shall be straight and neat. A-54 Standard Specifications Thc various Standard Specifications may refer to 025220 "Flexible Base Oalichc". This %;ill bc non applicable and i0 not approved for usc on this project. 025222 "Flexible Base High ~trcngth (~] 24A)" shall bc used, c×clusivcly_ The various Standard Specifications indicate various methods of measurement and pa~rment. These will be non-applicable. Ail 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 payment. A-55 Cons truction 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. A-56 ~an~t~r~ ~ewer and ~torm Water b~anhole ~ing & Cover Adjustment- Looation Clarification The manhole ring & cover height adjustments are not necessarily confined to a specific geographic area or location and shall take place at various locations throughout the City (City wide). Each week, the Contractor shal] be given lists of specific locations where manhole ring & cover heights are to be adjusted_ Within ten (10) calendar days of receiving a list, the Contractor shall mobilize and begin work and work continuously, until such looations as listed ar~ completed. A-5~ Trs~ic Control P~qu/re~ent for Sanita~ Sewer an~ Storm Water Manhoie Ring & Cover Adjustment This contract fo~ adjusting manhole ring & cover heights will have work orders issued throughout the City (City Wide) and may include work on residential, collector and arterial street sections concurrently. The Contract will have to make the proposed adjustments, during all types of traffic conditions. The safety of the general public (pedestrian and motor vehicle traffic included) is of pars/~ount importance_ Accordingly, examples of typical applications for temporary traffic control devices are provided for the Contractor's use_ The Contractor shall coordinate with Engineer's Representative in advance of any construction activity, to ensure minimal disruption to the public. Additionally, the Contractor shall be required to utilize a high early strength concrete, protected by placing a large steel plate over the newly- adjusted manhole ring & coveI, for the first twenty-four (24) hours. The plate can be removed and the work inspected, following this twenty four (24) hour period. A-58 ~-~tary Sewer Manhole and Sto~ Water ~-hole Bing & Cov~r Adjustment-Work Clarification All sanitary sewer or storm water manhole ring & cover height adjustments (s~e plan sheets titled 9~ t~ry Sewer an~ Sto~ Water Manhole ~ & Co~r adjus~.~nt) typicslly shall consist of, but not necessarily be limited to all associated pavement repair, a new concrete collar and the following two (2) repair/replacement scenarios: 1. A new expandable manhole riser & new manhole cover that is compatible with the riser which shall be installed in the existing manhole ri~]~] ~nd shall include (for Sanitary Sewer only) a stainless steel inflow inhlbit~>r. (Base Bid = Approx. 100ea.) (Add. Alternate - Approx. 14ea.) 2. A new manhole ring & cover assembly with new height adjustment rir~qs and shall include (for Sanitary Sewer only) a stainless steel inflow inhibitor. (Base Bid Approx. 40ea.) (Add. Alternate - Approx. 6ea.) PROJECT: Sanitary Sewer And Store Water Manhole R~ng & Cover Adjustment FY2005 OWNER: CITY OF CORPUS CHRISTI ENGINEER: Joe F. Trejo, P_E , R.P.L.S., Acting Assistant Director Of Engineering Services, Major Projects Engineer CONTI~ACTOR: SUBMITTAL DATE: SUBMITTAL N~MBER: APPLICABLE SPECIFICATION OR ORA~ING SUBMITTAL ~tioB A - SP (R~vised 9/18/00} Pige 24 of 24 PART C FEDERAl, WAGE RATES AND REQUIREMENTS Page I of 4 General Decision Number: TX030029 01/21/2005 TX29 Superseded General Decision Nun~er: TX020029 State: Texas Construction Types; Heavy and Highway Counties: Cameron, 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 Number 0 1 Publication Date 06/13/2003 01/21/2005 SUTX2005-004 01/05/2005 Rates Fringes Asphalt Distributor Operator...$ 9.57 Asphalt paving machine operatorS 9.73 Asphalt Raker .................. $ 7.50 Asphalt Shoveler ............... $ 9.35 Broom or Sweeper Operator ...... $ 7.55 Bulldozer operator ............. $ 9.28 Carpenter ...................... $ 10.20 Concrete Finisher, Paving ...... $ 10.73 Concrete Finisher, Structures..$ 9_59 Concrete Rubber ................ $ 9_87 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ 10.83 Flagger ........................ $ 7.40 Form Builder/Form Setter, Structures ..................... $ 9.16 Form Setter, Paving & Curb ..... $ 10.50 Foundation Drill Operator, Truck Mounted .................. $ 12.50 Front End Loader Operator ...... $ 8.61 Laborer, common ................ $ 7.69 Laborer, Utility ............... $ 9_05 Mechanic ....................... $ 10.81 Motor Grader Operator, Fine Grade .......................... $ 11.91 Motor Grader Operator, Rough__.$ 11.27 Pipelayer ...................... $ 8.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 2 of 4 Re£nforcing Steel Setter ....... $ 10.44 Roller Operator, Pneumatic, Self-Propelled ................. $ 7.16 Roller Operator, Steel Wheel, Flat Wheel/Tamping ............. $ 7.17 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 8.00 Scraper Operator ............... $ 8.61 Servicer ....................... $ 8.81 Tractor operator, Pneumatic .... $ 8.50 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_00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 (a) (1) (ii)). 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 whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination survey underlying a wage determination Wage and Hour Division letter setting forth a position on wage determination matter Page 3 of 4 conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries 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 Department of Labor 200 Constitution Avenue, N.W. 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 information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: an Administrative Review Board U_S. Department of Labor Page 4 of 4 Washington, 4.) All decisions 200 Constitution Avenue, N.W. DC 20210 by the Administrative Review Board are final. END OF GENERAL DECISION AGREEMENT THE STATE OF ~ § COUNTY OF NUECES § THIS AGREEMENT is entered into this 8TH day of M~RCH, 2005, by and between the CITY OF COR~US CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Enviro Remediation Coatings Services, Inc. termed in the Contract Documents performable in Nueces County, Texas: In consideration of the payment of $184,940.00 obligations of City as set out herein, Contractor complete certain improvements described as follows: as "Contractor," upon these terms, by City and other will construct and SANITARY SEWER AND STORM WATER M~NHOLE RING & COVER ADJUSTMENT FY 2005 PROJECT NO. 7328 (TOTAL BASE BID A & B: $184,940.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 Part "A" - S~NITARY S~W~K AND STOle4 ~%TER M]iN~OLE I~ING & ~ ADJUSTMENT FY 2005 BASE BID ITEMS-SANIT~%RX SEWER I II BIO QTY & IT~ UNIT III IV V Unit Price In Descript/on Fiqures Total A-1 50 EA. Sanitary Sewer Manhole Ring & Cover Adjustments, Including New Expandable Manhole Riser, New Manhole Cover Compatible with Riser and Stainless Steel Inflow Inhibitor complete in place per each. A-2 20 EA Sanitary Sewer Manhole R/ng & cover A~justments, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and Concrete Collar, complete in place per each. 438 S.Y. Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard. TOTAL ~E S'rD PART "A" (ITEM~ Al-A3): $ ~ '('{"~0 ~'~ Part "A" - SANITarY SEWER AND STORM ~]%TER M~NHOLE RING & COVER ADJUS~EN~ FX 2005 ADDITIVE ALTERNATE ITEMS-SANITAR! SEWER I II III 1-V UNIT BID QTY & pRI'CE IN I '~'~4 UNIT DESCI~IPTION FIu~3MES AA-1 7 Sanitary Sewer Manhole EA. Ping & Cover Adjustments, Including New Expandable Manhole Riser, New Manhole Cover Compatible with Riser and Stainless Steel Inflow Inhibitor compls in place per each. AA-2 3 EA V Sanitary Ping & cover Including ~le Ring & Cov~ with New Hei¢ Rings, Inflow and Concrete complete in place ~ch. AA-3 62 Removal & replacement of Pavement, Pavement Repairs, complete in place Per Square Yard. TOTAL ADDITIVE ALTERNATE PART (ADDITIVE ALTERHATE ) (ITEMS AA i - AA-3) Page 4 of ]0 Part ~B" - SANITARX SEWER AND STORM ~%~'~ M~/~HOLE R~G & COV]~R ADJUSTMEN'~ FY 2005 ADDITIVE ALTERNATE - STORM ~TER I II III IV I '~'F_Z4 QT~ UNIT PRXCE DESCRIPTION BA-1 7 Storm WaterManhole Ring cover A~ustments, Includin( New Expandable Manhole R and New Manhole Cover compatible with ri complete in p~c BA-2 3 EA. Storm Water & Rover -~just.~en Including New & Cover New Height Rings and Concrete complete in place per V B~~~ Removal & Replacement of - Pavement, Pavement Repairs, Complete in Place per Square Yard. TOTAL ADDITIVE ALTERNATE PART ~B" $ (ITEMS BA- 1 - BA-3) Part SANITARY SEWER AND STOBM WATER MANHOLE B/NG & COVER ADJUBTHEN~ FY 2005 II 50 EA. BID Pi'~m~S-STORM WA~ER III IV V Unit Description Price Total Storm Water Manhole Ring & cover ~d~ustment$, Including New Expandable Manhole Riser and New Manhole Cover Compatible with Riser, complete in place per each. B-2 20 EA. Storm Water Manhole R~ng & cover Adjustments, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings and Concrete Collar, complete in place per each. bo 0~'~ $ (,~o00'~ B-3 438 S.Y. Removal & Replacement of Pavement, Pavement Repairs, complete in place per ~quare Yard. TOTAL BASE BID PART '~B": $ (ITEMS B1-B3) gq]O BID SU~4ARY SHEET FOR SANITARY SEWER AND STORM WATER MANHOLE RING & COVER ADJUSTMENT FY 2005 BASE BID BASE BID BASE BID BASE BID ADD I T1-VE BASE BID BASE BID ADDITIVE BASE BID BASE BID ADDIT ~. ~ ;~"L ~T I'VE PART "A" (ITEMS Al-A3)+ PART "B" (ITEMS B1-B3) $ Page ? of 10 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 365 Ca~J.~NDAR DAYS after construction is Contractor may be liable for Contract Documents. City will pay Contractor contract in accordance with progresses. Signed in 4 parts above_ begun. Should Contractor default, liquidated damages as set forth in the in current funds for performance of the the Contract Documents as the work at Corpus Christi, Texas on the date shown ATTEST% ~/, ~ City ~ecretary CI~OF COR~US CHRISTI Ronald F. Massey, Asst. City, gr. of Public Works and Utilities APPRO~y TO LEC4%L FOI~M: t Asst~ity Att .--~Angel _ Escobar, P.E. Services CONTRACTOR ATTEST: (If Corporation) /sea~ ~e~wt (Note: If Person signing for corporation is not President, attach copy of authorization to sign) Enviro J~ation Co&tinGs Serv. , Inc. Title: ~tO~T 19951 Sand Creek Court (Address) F~ty, TX 77449 (City) (State) (Zip) 281/398-3595 * 281/647-0530 (Phone) (Fax) Agreement Page 2 of 2 PROPOSAL FORM FOR SANITARY SEWER AND STORM WATER MANHOLE RING & COVER ADJUSTMENT FY 2005 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Page 1 of 10 PROPOSAL Place: Date: February 16, 2005 Proposal of Enviro Remediation Coatings Serv., Inc. , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: SANITARY SEWER AND STORM WATERMAN~OLE RING & COVER ADJUSTMENT 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: Proposal Form Page 2 of 10 Part "A" - SANITARY SEWER AND STORM ~%TER MANHOLE R/NG & COVE~ ADJUSTMENT FY 2005 BASE BID ITEMS-SANITARY SEWER I BID ITEM A-1 II III IV V Unit QTY & Price In UNIT Description Figures Total 50 Sanitary Sewer ~-hole Ring & Cover Adjustments, Including New E×pandable Manhole Riser, New Manhole Cover Compatible with Riser and Stainless Steel Inflow Inhibitor complete in place per each. A-2 20 EA 438 S.Y. Sanitary Sewer ~--hole Ring & cover Adjustments, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and Concrete Collar, complete in place per each_ Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard. Proposal Form Page 3 of 10 Part "A" - SANITARY SEWER AND STORM ~%_TER MANHOLE PING & COVF~ ADJUS~ENT F~ 2005 ADDITIVE ALTERNATE ITEMS-SANITARY SEWER I II III IV UNIT BID QT~ & PB/CE IN ITEM UNIT DESCRIPTION FIGURES AA-1 7 Sanitary Sewer EA. ~ng & Cover Adjustments, Including New Expandable Manhole Riser, New Manhole Cover Compatible with Riser and Stainless Steel Inflow Inhibitor in place per each. AA-2 3 Sanitary EA Bing & Cover Including Ne & Asse] Heic V ~le Ring with New Rings, Inflow and Concrete complete in place ~ch. AA-3 62 Removal & replacement of Pavement, Pavement Repairs, complete in place Per Square Yard. TOTAL ADDIT/VE ALTERNATE PART ~A" (ADDITIVE ALTEI~NATE ) (ITEMS AA 1 - AA-3) Proposal Page 4 of 30 Part '~B" - SANITARY SEWER AND STOI~4 ~ MANHOLE R/~G & CO~/E~ ADJUS~EI~T FY 2005 ADDITIVE ALTERNATE - STORM ~ATER I II III IV ITEM QTY UNIT PlaICE DESCRIPTION BA-1 7 Storm Water ~hole Ring & J EA cover Adjust~snts, Includin¢ New E×pandable Manhole RJ and New Manhole Cover compatible with ri complete in p~c BA-2 3 EA. Storm Water & cover ~d9ust. ae~ Including NH & Cover New Height Rings and Concrete complete in place per V Removal & Replacement of BA-3 6~62 Pavement, Pavement Repairs, Complete in Place per Square Yard. TOTAL ADDITIVE ALTERNATE PART ~B" $ (~T~MS BA- 1 -- BA-3) Part ~B" - SANITARY SEWER AND STORM W]tTER MANHOLE R/NG & COVER ADJ~STM~TT F~ 2005 II 50 EA. BID ITEMS-STORM WATER III IV V Unit Description Price Total Storm Water ~a-hole Ring & cover Adjustments, Including New Expandable Manhole Riser and New Manhole Cover Compatible with Riser, complete in place per each. B-2 20 EA. 438 S.Y. Storm Water bhanhole l~ing & cover Adjustments, Including New Manhole Ring & Cover Assembly with New Height Adjustment Rings and Concrete Collar, complete in place per each. Removal & Replacement of Pavement, Pavement Repairs, complete in place per Square Yard. TOTAL BASE BID PART ~B": $ (ITEMS B1-B3) Proposal Form Page 6 of 10 BID SLR~m~%RY SHEET FOR SANITARY SEWER AND STORM WATER MtN'HOLE RING & COVER ADJUSTMENT FY 2005 RASE BID BA~E BID BASE BID BASE BID ADDITIVE BASF. BID BASE BID ADDITIVE BASE BID RASE BID ADDIT~ ~ PART "A" (ITEMS Al-A3)+ PART "B" (ITEMS B1-B3) $ PART "A" (IT]~ Al-A3) + ALT~.RNATE PART "A" PART "A" ( PART ,"B" (ITEMS Al-A3) + ~.~' "B" (ITEMS B1-B3) + ALTERNATE PART "A" (ITEMS AA1-AA3) + ALTER/gATE PART "B" (IT~4S BA1-BA3) $ 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. l~inority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. will s~Ls. N,,mBer of Signed Sets of Documents: The contract and all bonds be prepared in not less than four counterpart (original signed) Time of Comloletion~ The undersigned agrees to complete the work within 365 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt ~of the following addenda is acknowledged (addenda number): ~lq~,~d' (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name~r/~~~C~ings Serv., Inc. By~ ~S~Si~~~±ton, President Address: 19951 Sand Creek Ct. (P.O. Box) (Street) Katy, TX 77449 (City) (State) (Zip) Telephone: ~B]-398-3595 Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Proposal Form Page 8 of 10 PAYMENT BOND STATE OF CODITTY OFNUECES Bond # 1021143 KNOW AT,T. BX THESE PBESENTS: THAT Enviro Remediation CoatinGs, Serv., Inc. of HARRXS County, Texas, hereinafter called "Principal", and SureTec Insurance Company , a corporation organized under the laws of the State of Texas , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED EIGHTY-FOUR THOUSAND, NINE HUNDBY_/) FORTY ;t%~D NO/100 ($184,940.00) 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 8TH day F~tRCH , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: SANIT~Y SEW~RAND STORM W-ATER MANHOL~ RING & COVER ADJUSTMENT FY 2005 PROJECT NO. 7328 (TOTAL ~%SE BID A & B: $184,940.00) 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 WITNESS WHEREOF, this instrument is executed in 4 one of which shall be deemed an original, this the 17th March , 20 05 __ copies, each day of PRINCIPAL Enviro Remediation Coatings Ser¥., Inc. ATTEST Secretaryd. SURETY Sure Tea Insur, a~ce Co~m~trly / 17 Attorneyt/i2-fa~3~ ' Richard W. Sauer (Print Name) The Resident Agent of the Surety in Nueces Countv, notice and sez-~ice of process is: Agency: Contact Person: Phone ~Ner: Kcetch & Associates Mike Rhyne 1718 Santa Fe Corpus Christi, TX 78404 361-883-3803 Texas, for delivery of {NOTE: Date of Payment Bond must not be prior to date of contrect} (Revised 9/02) Payment Bond Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES PERFORMANCE BOND Bond #1021143 KNOW /~T.T. BY THESE PRESENTS: THAT Enviro Remediation CoatinGs Serv., Inc. of HA~tRIS County, Texas, hereinafter called "Principal", and SureTec Insurance Company , a corporation organized under the laws of the State of Texas and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of ONE HUNDRED EIGHTY-FOUR THOUSAND, NINE HUNDP~ED FORTY AND NO/100 ($184,940.00) 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: Tt{E CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of MARCH , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: SANITARY SEWER AND STORM WATER MANHOLE RING & COVER ADJUSTMENT FY 2005 PROJECT NO. 7328 (TOTAL BASE BID A & B: $184,940.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FI/~THER, that if any legal action be filed on this bond· venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 one of which shall be deemed an original, this the 17th March , 20 05 copies, each day of PRINCIPAL Enviro Re~tion Coatin§s~Serv., Inc. (PrlntName & Title) ATTEST Secretary (PrintName SURETY SureTec Insurance ~ompany Attorney-in-f5 Richard W. Sauer {Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery o~ notice and service of process is: Agency: Contact Person: Address: Phone Keetch & Associates Mike Rhyne i718 Santa Fe Corpus Christi, TX 78404 361-883-3803 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 S u r eTe c GENERAL POWER OF ATrORNEY Know Ali Men by These Presents, That SURETEC INSURANCE COMPANY (the "Co~npany"), a corporation duly organized and existing under the laws of the State of Texas. and having its principal office in Ho~ton, Harris County, Texas, does by these presents make, constitute and appoint Brant Beaty, Christina Breining, John Knox, Jr., Richard W. Sauer of Houston, Texas its true and lawful Attomey(s)-in-fuct, 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 waivers to the conditions of contracts and consents of surety and to bind the Company thereby as fully mid to the stone extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by ils Secretary, hereby ratifying and confirming all that the said Atiorney(s)-in-Fact may do in the premises. Said appoinmmnt is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, 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 Attorney(s)-in-Fact to represent and act for and on behalf of thc Co~npany subject to the following provisions: Attorne)'-in-Fact may be given full power and authority for and ill the name of and of behalf of the Compm~y, to execute, ackalowledge 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 instruments 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 signature of any attthorized officer and seal of the Company heretofore or hereafl, er aiTLxed to any power of attorney or any certificate relating thereto by facsi~nile, and any power of atlomey or certificate bearing facsimile signature or fhcsimile 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 204 of April, 1999) In Witness Whereof, SURETEC iNSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 13th day of December, A.D. 2004. SURETEC INSURANCE COMPANY Corporate Seal State of Texas County. cf Harris 5S: By: ff SUR~TEC INSURANCE C of said Company; On this 13th day of December A.D. 2004 before me personally came John to ~ne known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas. that he is President of SUB OMPANY, the company described in and which executed the above instrument; that he knows the seal, 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. Notary Seal Rhonda MeCary, Notary Public My commission expires September 11, 2006 1, Richard W.Sauer, Assistant SecretaD, of SURETEC INSURANCE COMPANY, do hereby certify that the 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 furthermore, the resolutions of the Board of Directors, set out hi the Power of Attorney are in full force and effect. JanCary Corporate Sca Witness Whereol} I have hereunto set ~ny hand and affixed the seal of said Colnpany at Houston, Texas this 1st day of , 20 05, A.D.O ~'er CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wil~ the City to provide the following Inl%rmation. Every question must be answered. If the quesUon Is nol applicable, answer with "NA". FIRM NAME Enviro Remediation Coatings Ser¥ices, Ine, STREET: 1995;1 Sand Creek Ct. CITY: Katy ZIP: 77449 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the Ci[y of Corpus Christi having an "ownership thterest' constitulJng 3% or more of the ownership in the above named "firm". Name Job TiUe and City Department (if know~) State [he names of each "official' of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Title State the names of each "board member" of the Ciiy of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm", Name Board, Commission or Committee State the names of each employee or officer of a ~consultant" for the City of Corpus ChdstJ who worked on any matter related to the subject of this contract and has an "ownership interest" consQtuting 3% or more of the ownership in the above named "firm". Name Consultant N/z CERTIFICATE I certh~y that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any Information requested; and that supplemen[al statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certi~ingPerson: Randall Chilton Title: President Signature of Certifying Pe'morW ~J~.,~P~ ~ Date: 2-16-2005 DEFINITIONS a. "Board Member". A member of any board, commission or committee appOinted by the City Council of the City ol' Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. ""Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or sen/Ice, Including but not limited to, entities operated In the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, Joint venture, receiverehlp or t~ust and entities which, for purposes of taxation, are treated as non-profit organizations. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest". Legal or equitnble interest, whether actually or constructively held, in a ,fi, rm, including when such interest Is held through an agent, trust, estate or holding entity. Constructively held" refers to holding or control established through voting trusts, proxies or special terms or' venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 10 of 10 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights 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~.75-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is Be 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 defined in Sec[ion 102(1) of the Act is Zero Dollars ($0.00) The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terredsm Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, 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 [he remediation thereo[, nor the consequences of their occurrence, existence, or appearance [hereof. Tdple Rider doc rev 11_03 I .ACORD. CERTIFICATE OF LIABILITY INSURANCE JOHN DAUGHERTY INSURANCE 12603 S.W. FREEWAY SUITE 190 STAFFORD, TX 77477 ~URED ENVlRO REMEDIATION COATING SERVICES 19951 SAND CREEK CT KATY, TX 77449 COVERAGES ALTER THE COVERAGE AFFORDED BY THE POLICIE9 BELOW. INSURERS AFFORDING COVERAGE INSURED A COLONY INSURANCE COMPANY ~.SUREHa FARMERS TEXAS COUNTY MUTUAL IN~URER C INSURER D NAIC# THE POLICIES OF INSURANCE LI~TED BELOW HAVE BEEN 18~SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTiNTFH~TANDING ANY REQUIREMENT, TERM OR CONOmON OF ANY CONTRa, CT OR OTHER DOCUMENT ~A~FFH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TH~ iNSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ,AND CONDITIC)NS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAV~ BEEN REDUCED BY PA~D CLAIMS ~L L.~mUW A X COMt'aERC[AL GENERAL LLA~LITY GLl19988-1 03/23/2005 --1 CLAIMS M^DE ~'~ C~3CUR B .~r Au'to 06939.90-35 02/2612005 COM~IN'~D SINOLE LIMIT $ XXXXXXXXX 02/26/2006 I~, ~O01LY INJ~JRY ~ ~ EIODILY IN.RAqy ~ 1,000,900 1,000,000 PROJECT# 7328 SANITARY SEWER AND STORM WATER MANHOLE RING AND COVER ADJUSTMENT THE CITY OF CORPUS CHRISTI IS NAMED AS ADDmONAL INSURED ON ALL GENERAL LIABILITY AND ALL AUTO POLICIES, CERTIFICATE HOLDER CITY OF CORPUS CHRISTI ENGINEERING SERVICES A1-FN: CONTRACT ADMINISTRATOR PO BOX 9277 CORPUS CHRISTI, TX 78469 ACORD 25 (200tl08) CANCELLATION ACORD CORPORATNDN 1989 ACORD PROD'LICER Bulverde insurance Agency, Inc Colleen Villarreal / 830-980-1200 30815 Hwy 281 North Bulverde, Texas 78163 INSURED CERTIFICATE OF LIABILITY INSURANCE J 03/14/2005 THIS CERTIFICATE IS ISSUED AS .a. MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Precision Payroll, Inc / Enviro Remediation Coating Services, Inc 30815 Hwy 281 North Bulverde, Texas 78163 / 830-980-1200 COVERAGES NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT[ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAy DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY ~PROJEDTr~ LOC OCCUR [] CLAIMS MADE COMBINED SINGLE LIMIT BODILY INJURY $ (Per person) BODILY INJURY (pm' ~C~dent) PROPERTY DAMAOE (Per ~d~nl) AUTO ONLY EJ~ ACCIDENT OTHER TF~AN EA ACC AUTO ONLY: AGG EACH OCCURRENCE AGGRE G~,TE DEDUCTIBLE RETENTION $ WORK ERS COMREN~AT~)N AN D TSFO01093502 01/01/05 01/01/06 ~ TOR~LIMII~-s V// E L EACH ACCIDENT $ 1,000,000 ~ :~ ~o~ ~ ~,ooo,ooo E L DISEASE POLICYLIMIT $ 1,000,000 Waiver of subrogation in favor of certificate holder and City of Corpus Christi, Texas, if required by contract. Coverage is provided only for the shared employees of Precision Payroll, Inc. and it's client company: Enviro Remediation Coatings Services, Inc., 19951 Sand Creek Court, Katy, Texas 77449 / Job: Sanitary Sewer & Stormwater Manhole Ring & Cover Adjustment, FY 2005 CER~FICATE HOLDER City of Corpus Christi, Texas v Attn: Jose Trejo 1200 Leopard Corpus Christi, Texas 78401-2121 ACORD 25 (2001~8) CANCELLATION SHOULD ANY OF THE ABOVE DESCRibED POLICIES BE CANCELLED B EFOR~HE v Colleen V~llarreal - ~---" - --'""-' ~.~'-~ © ACORD CORPORATION 1~88 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not con[er rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder tn lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does no[ constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 2~ (2001~8) THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POUCY NUMBER POUCY CHANGES EFFECTIVE COMPANY GL119988 4/14/0 5 COLONY INSURANCE COMPANY NAMED INSURED AUTHOFI~..ED REPRESENTAT]VE ENVIRO REMEDIATION COATING SERVICES, INC. SURPLUS, INC. (SPRING) COVERAGE PART~ AFFECTED COMMERCIAL GENERAL LIABILITY CHANGES IN CONSIDERATiON OFAN ADDITIONAL PREMIUM OF $300. FLAT FULLY EARNED, it IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING ADDITIONAL INSURED IS ADDED PER FORM U156-0702, ...... CITY OF CORPUS CHRISTI ENGINEERING SERVICES A'1-rN: CONTRACT ADMINISTRATOR PO BOX 9277 CORPUS CHRISTI, TX 78469 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, IL12011185 03117f200E 01:~4 PM Cop~lght, Insurance Services Office, Inc., 1083 Page I of 1 Cc~pyHght. ISO Commercial Risk ,~r'vlces, Inc., 1983 THIS ENDORSEMENT CHANGES THE POUCy. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, i OR CONTRACTORS - SCHEDUI r=n PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABrLITY COVERAGE PART Name of Persoo ~ Organization (Additional Insured): CITY OF CORPUS CHRrSTI ENGINEERING SERVICES ATTN: CONTRACT ADMINISTRATOR y/ PO BOX 9277 CORPUS CHRISTI, TX 78469 A. SECTION II - VVHO IS AN INSURED is amended and the I'ollowing added: The person or organization (called "addltlerral insured") shown in the Schedule is also an inst.~ed but only: a. with respect to indirect liability caused by or resulting from your ongoing operations performed for that "additional insured(s)"; and b. when you and the person or organ~.atlon shown in the Schedule have agreed in writing in a contract or agreement that such person or organization be added as an "additional insured" on your policy. A person's or organization's status as an "additional insured" under this endorsement ends when their contract or agreement with you ends. B. SECTION I - COVERAGES, COVERAGE A BQDILY INJURY AND PRO~ DAMAGE UABLITY, 2. Exclusions is amended and the following added: This insurance does not apply to: Additional Insured Cor~tractual Liabir~ty "Bodily injury" or "property damage" for which the "additional insured(s)" am obligated to pay damages by reason of the assumption of liability in a contract or agreement_ Finished Operations or Work "Bodily injury" or "property damage": (1)occurring after "your work", including materials, pads or e~ulpment furnished in connection with such work. on the project (other than service, maintenanoe or repairs) to be per[on'ned by or on behaff of the "additional insured(s)" at the site of the covered operations has been completed; or (2) occurring after that portion of "your work" out of which the injury or damage arises has been put to its in[ended use by any person or organization. Negligence o~ Additional Insured "Bodily Inju~," or "property damage" directly arising out of or resurting Crom the negligence of the "additional insured(s)'. ALL OTHER TERMS AND CONDITIONS OF THE FOLICY REMAIN UNCHANGED. U156-0702 Page 1 of I This endorsement modifies insurance provided undaz the following: GARAG'E COVEI~ I~ORN TE 9~ OIB This endorssmsn~ changes the policy effective on ~h~ ioception date of the policy unless another dace i. indicated below: E~dorse~ent Effective Policy Number 4/~0/05 069399035 V ENVIRO REMEDIATION COATING (Auth~Represantailva) The provisions and exclusions that auDly to LIABILITY COVERAGE also apply to this endorsement City of corpus Christi Dept. of Enpineerin9 ~ervices Arts: Contract ~/nistrator P_O. ~ox 9277 Cor~ua Christi, TI( 78469-9277 (Enter NaB and Address of Addi~onal Ineurmd.) is an ~nsurad, buc only with respect to legal responsibility for acts or omissions of a person for whom Llabili~y Coverage is afforded under this policy. The ad~l~lo~l insux~lis not required to pay for any premiums s~aC~d in the polio-F or earned Uro~ the policy. Any return premium and arm/ dividend, if applicable, declmred by us shall be paid to you. You are authorized to act for ~he md~tional l~surm~ in all ~%~ttera pez%ainl~ to th/s insurance. We will mail the additional insured notice of any cancellation of this ~olicy. If the cancellation is by us, we will give ten days notice to the mdd.t, tiom*l l~ured. The additional insured will zetain any right of recovery ae a claimant under thi~ policy. Texas ~=anda~d ProesribedMar~h 19, 1992 A'I~Auk[MI~T ~ SENF BY: HP LASERJE7 3150; 3618803501; APR 1-05 11:39; PAGE COMMERCIAL GENERAL LI~ILITY THIS EI~DORSEMENT CHAigGES THE POLICY PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: / CO{~qERCIAL GENEP~kL LI~ILITY COVERAGE PART LIQUOR LI_A~ILITY co%r~q{AGE ~ ~ POLL~ION LI~ITY CO~GE P~T PRODU~S/~P~ OP~TI~S L~ILI~ ~ILR~ PR~E~I~ LI~ILI~ CO~E In the event of cancellation or material change that reduces or restricts the insurance afforded by this CoYerage P&z-t, we agree to mail prior written notice of cancellation or material change to: Schedule 1. Name: SEE BELOW 2. Acldress: SEE BELOW 3. ~ber of days advance notice: THIRTY (30) City of Corpus Christi Dept of ~ngine~rin~ Services Attn: Contract Admin2Lstrator P.O. Box 9277 Corpus C~tstt, TK 78469-927~ Effec~:£vs Dalze o£ This ~ndorsemel~: /'~-15 '(~) ~' OQ020S (11-95) A'FrACHMI~qT 3 APR-01-2006 11:23 3618803601 947. P.07 ~/ CAN~{~I,LATION PROVISION OR COVERAGE CHANGE ENDO~A, fl~T This en~reemen~ mn.~/fiea inauran~e ~rovid~d under t~e following~ unless ~o~er ~e Is indica~ed below: 4/10/05 ~ 069399035 ~ ~a~d Insured JOHN DAUGHERTY E~IRO REMEDIATION COATING ~ Co~t.~ei~ed Dy '// _ ch~ to r~uce or restrict coverage ~e will mail notice of the o~oel~t~on (Enter Neme ~n~ A~rees) ATTAC'~EM~rr 3 2 OF 3 rMar 28 2005 l:53PM PRECISION PAYROLL INC No, 3046 LIABILITY INSURANCE POLICY NOTICE OF MA I P._P~AL CHANGE ENDORSEMENT WC 42 08 0t fnformatlon Page, In 1he avant of cancallation or erbar material change of the poll=y, we will mall adVance notice to the person or organization named In tile $ohadule~ The number of days advance notice Is shown In the Schedule. This endorsement ahall not operate dlrec~y or Indlre~y to benefit anyone not named In the Schedule. Schedule 1. Number of days advance nolIce: 3 0 ~ 2, Notice will pe mailed to: CiTY OF CORPUS CHRISTI PO BOX g277 DEPAATMENT OF ENGINEERING SERVICES ATTN: CONTI~CT ADMINISTRATO~ CORPL~ CHRISTI , TX ~/a4t56-92"/7 ~luit~O PRE~IGION P~OLL lNG ' Premium, O,O0 ~ ~ Wc.4~eot C~-o. Autharl~d RaFliir~ItJvi Received Time ~r, ~3,