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HomeMy WebLinkAboutC2005-275 - 5/17/2005 - ApprovedBridges Specialties 05/17/05 M2005-150 F SPECIAL PROVISIONS AND SPECIFICATIONS FOR WATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 PRO~ECT ARCHITECT CHUCK ANA~TOS A~SOCIATES, INC. PO BOX 3883, 78463-3883 1001 Santa Fe, 78404 CORPUS CI{RISTI, TEXA~ Phone: 361.884.4422 Fax: 361.884.4419 Email: caaincarch~aol.com FOR DEPARTM]~NT OF ENOINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 PROJECT NO: 8501 .[DRAWING NO, PB~ 680 FAX TRANSMISSION Department of Engineering Services Major Projects Division City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 880-3527 Fax~ 880-3501 To- ALL PLAN HOLDERS Date: April 29, 2005 Pages: ~ (including fax sheet) Director of Engineering Service ~ Subject: Water Laboratory Pre-Engineered Storage Building 2004 Project No. 8501 ADDENDUM NO. 1 Comments: This fax transmission contains the signed, sealed (1-page)addendum and TWO (2) attachments (2-pages), for the above noted project. The addendum includes: General Clarifications, as well as, Minor Pavement Detail Revisions (Drawings). Prospective bidders are hereby notified of the following modifications to the contract doc,,ments. These modifications shall become a part of ~he contract documents. All provisions of the contract documents not specifically affected by the Addenda shall remain unchanged. City of C.orpus Christi ADDENDUM NO. I 29 April 2005 TO: PROJECT: ALL PROSPECTIVE BIDDERS Water Laboratory Pre-Engineered Storage Building 2004 Project No. 8501 Prospective Bidders are hereby notified o C the t'ollowing moditications to the Contract Documents. These modifications shall become a part of the contract documents. Ali provisions of the contract documentS not specifically affected by the Addenda shall remain unchanged. 1. GENERAL CLARIFICATIONS A. Laboratory Building under-slab access scuttle is located in S¢orage Room #5_ Refer to AtCachment #01. B. Existing saniCary sewer trunk line is 6". Refer lo Attachment #01. C. Contractor shall notify staff at ON Stevens 48 hours prior to arrival of any heavy equipment, delivery of structural steel, etc. D. C~ntract~r sha~~ use ~nly the staging area indicated ~~r ~ay~ut a~d st~rage ~f materia~s~ equipment~ etc. Refer 1o Attachment g01_ E. Service drive to Laboratory Building loading dock is asphalt. Cut and patch with asphalt to match existing, as required for new drain line. Refer to Attachment gO2. Il. tECHNICAL SPECIFICATIONS ~X.Section 13121 Pre-Engineered Metal Building, 2.7 Finishes, A. Structural Steel DELETE: The second sentence of the paragraph, in its entirety ADD: The following sentences, in lieu thereof: Primer will be a single coat of shop applied Ameron International "Dimeteote 9" inoreanic-zine silicate primer, 2 lA mils (65 microns) thick, or equal. Follow aB manufacturer's recommendations for surface preparation, application, thinning, etc. CHUCK ANASTOS ASSOCIATES~ Attachments: No. 1, Site Plan (I pat~e) No. 2, Pipe Trenchim, and Pavement Repair Detail (1 page) ADDENDUM NO. 1 Page I of I EXIS1 lNG PARKI 19'-5" ~- NEWASP ENT TO MATC~P~XISTING REFE~R. TO AI-I'ACHED DETAIL UNDER SLAB --~' ACCESS SCUq-FLE 7 ~ EXISTING 6" SANITARY /:'~ ~ ~ ~/~'~ SERVER LINE SITE PLAN SCALE: 1/16" = 1'-0" ADDENDUM #01 ATTACHMENT 01 FINAL BACKFILL- SELECT ~ ~ ~//~////~//// ~ (~ DOT ~PE A, G~E 1) TO BE COMPACTED IN 6 LI~S XZ X////////Z/// PROCTOR DENSI~ (AS~ ~98) HAND TAMP ~ND ~CKFILL '- ~[ [~]~ OVER PRIME COAT 0115 GAL / S.Y. ~ ,PIPE O.D. 1 '-0" ~ 1'-0" PIPE TRENCHING AND PAVEMENT REPAIR DETAIL ~LE: 3/4" = 1'-0" ADDENDUM #01 ATTACHMENT 02 SPECIAL PROVISIONS AND SPECIFICATIONS FOR WATER LABORATORY PRE-ENGINEERED STOP~AGE BUILDING 2004 IPROJECT NO: DRAWING NO: PROJECT ARCHITECT CH~JCK ANASTOS ASSOCIATES, INC. PO BOX 3883, 78463-3883 1001 Santa Fe, 78404 CORPUS CHRISTI, TEXAS Phone: 361.884.4422 F~x: 361.884.4419 Email: caaincarch~aol.com FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/880-3500 Fax: 361/880-3501 8501 [ PBG 680 [ Water Laboratory Pre-Engineered Storage Building 2004 TABLE OF CONTENTS NOTICE TO BIDDERS (Revised 10/21/98) NOTICE TO CONTRACTORS - A Insurance Requirements NOTICE TO CONTRACTORS - B Worker's Compensation Coverage For BuildinG or Construction Projects For Government Entities PART A-1 A 2 A 3 A 4 A 5 A-6 A-7 A-8 A 9 A-10 A-Ii A-12 A 13 A-14 A 15 A 16 A 17 A 18 k 19 A 20 A ~1 A-22 A-23 A-24 A - SPECIAL PROVISIONS Time and Place of Receiving Proposals/Pre-Bid Meeting Definitions and Abbreviations Description of Project Method of Award Items to be Submitted with Proposal Time of Completion/Liquidated Damages Workers Compensation Insurance Coverage Faxed Proposals Acknowledgment of Addenda Wage Rates Cooperation with Public Agencies Maintenance of Services Ar~a Acocoo and Traffio Control Not Used Construction Equipment Spillage and Tracking Excavation and Removals Disposal/Salvage of Materials Field Office Not Used Schedule and Sequence of Construction Construction Staking Testing and Certification P~ojcct Signs Not Used Minority/Minority Business Enterprise (Revised 10/98) Inspection Required Surety Bonds Participation Policy A-~?~--~alco Ta]£ E][omption NO LONGER APPLICABLE (6/11/98) A 26 Supplemental Insurance Requirements A 27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution Page 1 of 3 A-29 A-30 A 31 A-32 A 33 A-34 A-35 A-36 A 37 A 38 A 39 A-40 A ~1 A 42 A 43 A 44 A-45 A-46 A-47 A 48 A 49 Amend "Maintenance Guaranty" Submittal Transmittal Form 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 Water Facilities Special Requirements Other Submittals Aanended "Arrangement and Charge for Water Furnished by the City" Worker's Compensation Coverage for Building or Construction Projects for Government Entities Certificate of Occupancy and Final Acceptance Amendment to Section B 8-6: Partial Estimates Cmonc Advisoxy Not Used OSHA Rules & Regulations Amended Indemnification & Hold Harmless (9/98) Year 2000 Warranty (2/99) Change Orders (4/26/99) Disposal of Highly Chlorinated Water (7/5/00) Pre Construction Exploratory Excavations (7/5/00) Overhead Electrical Wires (7/5/00) (8/24/00) ATTACHMENT #1 Visitor/Contractor, On Site Permit PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE i~ATES AND REQUIREM]~NTS PART T - TECI{N-/CAI~ SPECIFICATIONS DIVISION 2 - SITEWORK Section 02315 - Excavation and Fill Section 02320 - Backfill Section 02362 - Termite Control Section 02750 - Rigid (Portland Cement Concrete) Pavement DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03200 - Concrete Reinforcement Section 03300 - Cast-in-Place Concrete Section 03370 - Concrete Curing DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 07900 - Sealants and Caulking Page 2 of 3 DtV]SION 15 - SPECIAL CONSTRLtCTtON Section 13121 - Pre-Engineered Metal Building DIVISION 15 - PLUMBING Sectio~ 15050 - Plumbing General Provisions Section 15250 - Insulation Section 15400 - Soil and Waste Piping Syslems Sectio~ 15410 - Plumbing Systems Section 15450 - Plumbing Fixtures and THru DIVISION 16 - ELECTRICAL Sectio~'~ 16000 - Electrical General Provisions Section 16100 - Electrical Systems Section 16200- Lighting Fixtures LIST OF DRAWINGS Sheet #1 - Title Sheet Sheet #2 - Site Plan Sheet #3- Floor Plan Sheet #4 - Exterior Elevations & Sections Sheet #5 - Foundation Plan & Details Sheet ¢/~ - Electrical Lighting & Power Plan Sheet #7- Plumbing Plan NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEM]~qT PERFORMAIqCE BOND PAlrM]~T BOND Page 3 of 3 NOTICE TO BIDDERS NOTIC~ TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: · IATRR LA~ORATORY PR~-ENGINEERKD STO~.~gE BUlI~)II~ 2004: consists the construction of a 20' -3" by 20' -3" pre-engineered metal building system, at the O_ N_ Stovens Water Treatment Plant; excavation and fill; termite control; Portland cement concrete pavement; east-in-place reinforced concrete foundation; door hardware; plumbing for water filtration equipment (f,ltratlon equipment by others); and electrical and lighting, all in accordance with the drawings, spec, float,ohs and other contract doc~nents; will De received at the office of the City Secretary until 2:00 p_m_ on Wednesday, 04 May 2005, and then publicly opened and read. A~y bid received after closing time will be returned unopened. A pre-bid meeting [s scheduled for Thursday, 28 ~ril 2005, beginning at 10:00 ~ at ON Stevens Water Treatment Plant. The pre bid meeting will be conducted by the City. The A/E Consultant will be present to address bidder's questions. A bid bond in the amount of 5% of the highest amount bid must accompany each propo~al. Failure to provide the b~d bond will constitute a non-responsive proposal which will not he considered. Failure to provide required performance and payr~ent Y~onds for contracts ouer $25,000.00 will result in forfeiture of the 5% bid bond to ~fm City as liquidated damages. HJdder's plan deposit is subject to mandatory fo~feJ tore to the City if bidding documents are not returned to the City within two weeks of receip~ of bids. Plans, proposal forms, specifications ~nd contract documents may be procured from the City Engineer upon a deposit of F~ft¥ a~d no/100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents cal~ be obtained by mail upmn receipt of an additional ($10.00) which is a non- refundable postage/handling charge. The bidder is hereby notified that [he owner has ascertained the wage rates which prevaJ [ 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 Ihe 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 o~ all bids, to waive irregularities and I~o accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ ~J~gel R. Escobar, P.E. Director of Engrg_ Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS -A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised SepteudDer, 1997 A Ucrt.ficate of Insulance indicating proof o~ coverage in the following amounts TYPE OF INSUBANCE 30-Day Notice of ~cellation re~ired on all certificates ~flNIl~ IN~ C~ ~k~dily Inju~-y and l>ro~>ert~ Day.age Comm(~ucial General Liability including; 1 2 4. 5. Commercial Form Premises - Operations Explosion and Collapse Hazard Underground Hazard Products/ Completed Operations Broad Form Property Damage Independent Coutractor~ Personal Injury AOTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY EXCflSS LIABILITY PBOFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-tern envJro~lmental impact for the disposal o~ contaminants M!JIhDERS' RISK INSTALLATION FLOATER $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEKAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT ti REQUIRED X NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements X REQUIRED [] NOT REQUIRED $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [] REQUIRED NOT REQUIRED Page 1 of 2 The Cit~ of Corpus Christ/ must be named as an additional insured on all coverages ~xce~)l worker's compensation liability coverage_ [] Th,~ na~e of the Project must be listed under "description of operations" on each ~-ert [fi~ate of insurance. ,l Fei each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance po]icy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Prov[si~ns section of the contract. A c~'omp]eted "Disclosure of Interest" must be submitted w~th your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B ~OTICE TO CONTRACTORS - B WORKEK'S CO:4PF/NSATION COVEPJkGE FOR BUILDING OR CCNSTRUCTION PROJECTS FOR C-0VER/~MENT ENTITIES Texas law requires that most contracuors, subccn=ractors, and others providing work or services for a City building cr construction projec5 must be covered by worker's compensation insurance, authorized self-insurance, or an approved worker's compensau!cn coverage agreement. Even if Texas law does not require a contractor, subcontractor or others performing project services (including deliveries to the job site) %0 provide 1 of the 3 forms of worker's compensation coverage, the City will require such coverage for all individuals providing work or ~ervices on this Project at any time, including during the mainuenance guaran~v period. 14otor carriers which are required to regisuar with the Te~a~ Deparumenu of Transporta=ion under Texas Civil Stauunes Article 6675c, and which provide acciden=al insurance coverage under Texas Civil Statutes Article 6675c, Section 4(j) need non provide 1 of the 3 forms cf worker's cou%pensation coverage. The Contractor agrees tD comply with all applicable provisions of Texas Administrative Code Title 28, Section 110.110, a copy of which 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 con=racts with subcontractors and others providing services for the Project; the Contractor is required to submit to the City certificates o~ coverage for its employees and for all subcontractors and o~hers providin~ services on the The Contractor is required to obtain and subml~ 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 tha= i= will timely compl'/ with these Not,ce to Contractors "B" requirements- Title 28. ENSLrRANCE Part II. TEX_AS WORKERS' COMPENSATION COMMISSION Chapter 110. REQUI2rLED NOTICES OF COVEI:LAGE Subchaprer B. EMPLOYER NOTICES § 110,110 Reporting Requirements for Building or Construction Projecrz for Governmental Entities (a) The following words and terms, when used in this ruie, shall have the followine m~,~i,~E_s, unless the comert cle2rly indicates otherwise. Tenm not defined, tn this rule shall have th~ meaning de.fined in the Texas l~bor Code, if so defined. (1) Cenificete of coverage (cemfic2te)-A copy o/'a cemficaze c£;msurance, 2 cert. Lficaxe o£ authorits' to seLf-fro.rte issued by the commission, er a workers' compe~adon coverage a_m-eement (TWCC-81, TWCCo82, TWCC-83, or TWCC-$4), showing statutory, workers' compensation race coverage for the person's or endty's employee~ (including those mbjecr to a coverage ~agreernent) providing service~ on a project, for the duration of'the project. (2) Building or construc~don-Has the mvm_n/.ng defined in ~e Tex~ Labor Code, § 406.096(e)(1). (3) Conu~or--A person bidding for or awarded a building or co,'xstruction proje~ by a governmental entity (4) Covea"2ge-Workers' comaertsadon Lrtsm-~nce meeting the staruto~ requirements of the Texas Labor Code, § 401.011(44). (5) Coverage agreement--A written a~m-ee.ment on form TWCC-81, form TWCC-82, form TWCC-83, or form 1-WCC-84, filed with the Tex. a~ Workes~' Compen_eation Commi~ion whiell establishes a r~t~:ion~hip betwee~ the pm'des for purposes of the Texa.~ Worke'rff Compen..q~oa Act. purmant to the Tex~ Labor Code, Chapter 406. Sub,~h~pter~ F and G, as one of,~mployer/emp[oyee ;md em. ablishes who will be respona~le For providing workers' compensation coverage for pemons pmvldi~g service* on the project_ (6) Duration of thc projeun-lncludes the time fi-om the beg/rm/ng of work on the project until the work on the project h~s been completed and accepted by the governmental entity. (7) Per$o~ Froviding ser~4ces on the proje~ ("subcontractor" ~,n ~ 406.096 of the Act)-X~,qr-h the exception or'persons excluded under subsection~ (h) and (i) oftl~ section, includes all persons or entities performing all or part oft. he serv/ces the contractor has undertxkea to perform on the project, regardless o/whether that person contra~ed directly w/th the contractor and regardless of whether that per, on ha~ employees. This includes but is nor limited to independent contractor~, subcontractors. lea~ing companies, motor comers, owner-operators, employees of any such entity, or employees of any entity furnish/ag persons to perform senrices on thc projem. "Services" includes but is not [Lrrfited hrtp'//www.~s.state. Lx.us/tac/23/lI/110/B/110. 110.html ~,,,l,.a t/x~/~.} v,~e z ot ~ 8/7/98 28 T.-'~C ] ] 2; ' } Page 2 cf 6 :o pr:v~d!.-:g, Sa'ding, or de~',,ering equipment or ~z::~fls. or ~re~4d~g J~or, tr~pe~zEo~ or o~er se~ce r~z:e~ to · proj~. "Se~ce~" do~ not Lzc~u~e a~x~fie~ uvc~tat~ to ~e pr~e~ ~uch ~ foo~'beverzge vendors, o~c~ ~pp[y de,redes, [x~ delive~ of ~o~b[c tofleu. (B) Prejem-Lacludes ~e provision of all ~erhces r~-ht~i to a building or consu-uction cor..'ract fora governrae::.'~.2! entity. ('o) Pro'ddLr:.g or causing to be provided a certi, fic.~:e or'coverage pctrsua.~ to this rule is z represe.".h2dcn by the insure_ '.hat all employees of the kLmred who a.re providing ~ervi¢~ on the projec: ,~-e covered by workers' compermation cove,r2ge, thaz the coverage is b~ed on proper reporting of dassificatlon codes and payroll amour~rs, ~d that all coverage agreements I~ve been filed with the appropriate ia~ur-~nce carrier or, in the case o£a self-in.tared, with the commission's Divis/on of SeLr-I. naztra.uce Regulation. Providing false or mlsle2d[ng ce:'r2ficates of coverage, or £a/iing to provide or m~ntam required coverage, or failing to report any ¢?.,nge thai' mxtedally affeCT~ the prov/sion of covez~ge may rabject the contractor or other person providing services on the project to adminim'~dve .cema/ties, criminal penalti~, civil penaides, or other civil act/oas. (c) A gover?.~ental ent/~ u[at enters into a building or construe-ion contract on a project s,hall: (l) include in. the bid specifications, aJl the provision~ ofpara~m2ph (7) ofth/~ sub~ecfion; using the language requked by pm'a_m-zph (7) of this subsection; (2) a~ pan oft.he comracr, using the language required by pa~m'~ph (7) o£this subsec-'fio& require the contra~or to perform as required in mbsecfion (d) ofd~ section; (3) obtain fi-om the eonwa~,or a certificate of coverage for each per, on providing serv/ces on the project, prior ~o that pe:~on be~nning work on the project; (4) obtain fi-cra the contractor a new certificate of coverage showing extension of coverage: (A) before tke end of the ,curzent coverage period, krthe contra~or's current certificate of coverage shows that the coverage period end~ during the dmnation of the project; and (B) no later t?a2a sevea d~ys v. gter the. expiration of the mverage for ezcb. otb. er per~aa providing service'~ on the project whose current certificate shows that ~e coverage period ends during the duration of the project; (5) retain ce.~fieate~ of coverage on file for the duration of the project and for three years there, at,er, (6) pro'ride a copy of the cwJficales of coverage to the c0mmixfion upon request and to any person enotled :o them by law; and (7) use the la,~_~-uage contained Ln the following Figure I for bid specifications and controls, w~thout any addifionai words or changes, except those required to accommodate the specific document Lq which they aze contained or to impose stricter stand,ds o£documentation: T285110.110(c)(7) tbl http:l/w,.vw sos.state.tx.u.qtac/28/H/110/B/110.110.htwJ ea,~e 3 ,t ~ 8/7/98 ~ TAC 110.110 Page3 0£6 :) A contractor sh~ll: (l) provide coverage £or its empioyees Frovidiag services on a projec~ fe.r fl:e duration of the project ~ed on proper reporting of classiS, c~on codes ~d payroll amounts a.n,d ~!!.--g of any coverage a~eements; (2) provide a certificate of'coverage showing workers' compensation coverage to the goverrmaental -~ndty prior to beginahg work on the projeex; (3) provide the governmental enti£,., prior to the end of the coverage periock a new certificate coverage showing e~xem4on of covets_e, if the coverage period shown on Re contractor's eurren~ :-.--n'..ificate of'coverage ends during the duration of the project.; (4) obtain fa-om each persoa providing services on a project, and provide ro the governmental enti~ (A) a certificate of coverage, prior to r~,, person begimaing work on the project, so tho governmental e. ntity will have or, file cerdficaxes of coverage showing coverage for all persons providing service~ on :~ne projec-r4 and _CB) no later than seven days after receipt by the contractor, a new certificate of coverage showing extensior, of coverage, if the coverage period flaown on the current certificate ofcovee~ge cods during the dural:ion oft. he proje~, (5) retain all required certificates of coverage on file for thc duration of the projec~ and for one year (6) notify th9 governmental entity i.n writing by certifiexl mail or personal delivery, within ten days after the contractor Icnew or should have imown, of any change that materially affects the provision of' coverage of'any person prov/rllng services on the project; (7) post a notice on each project site iaform/ng all persoms providing services or' the project tl~t they ~re required to be covered, and smd. ng how a person may verify o~rrem coverag~e and report f:~ilure to provide coverage. Tb~ notice does not sati~ other po~'dug re~axirem,--t, imposed by the Act or other com,',',;~on rule~. ~ notice must be primed with a rifle ia at leas~ 30 point bold type and text ia at least 19 poim aor,'-~l type, and shall be ia both I~n_~l~,~h amd Spnnl~h ~ ~ Other laxlgUlgge common to the worker pop,,I-,~om The re:ct for tho notices ,h.lf be the following te,xX provided by the commission on the orr~. le notic~ wixho~ any additional words or ehsnges: REQUI~gT~ wo~' COlV[PE'NSATION COYma4.AGB 'The law requires that each person worldng on thi~ site or providing servic-~ related to this construction projec~ must be covered by workers' compensation ia.quaace. TNs' includes per~o~ providing hauling, or delivering equipment or matefi~ls, or providing labor or transportation or other se~ce related to the project, regardless of the identity of'their employer or status as an employee." "Call the Texas Workers' Compensation Commission ar 512-440-3789 to regive information on the legal requirement for coverage, to verify whether your employer lu~ provided the requised coverage, or to report an employers failure to provide coverage." http://w-ww, sos.state,tx.ua/tac/28/II/l I o/'B/110, l lO.htrrfl /~,rt,e~ s/x~/~l 8/7/98 !1~ TAC 110.110 ~'~§e~, ot 6 (8) cc.~actu~ll~, requke =ch person with whom ~: conma~s :: ;rovide sen~ces o.-. a project to: (A) provide coverage based aa proper reporting o£classification codes ~nd payroll ~_moums ~nd f~ing of any coverage a~eeme.-:s £or ~ of ks empioyees providing sen'ices on the project £or the dur~on o£the project; (B) provide a cemhcate ofcoverzge to the c~n,---actor prior to th~.t person be~nnL',,g work on the proje~ (C) ~ndude La ~ contracts To pro~'ide services on the project the lan~age La subsection (eX3) o£tl~s se~-tion~ (D) provide the contractor, prior to the end o£~he covera~_e period, a new canifica:e of coverage showing e0cte~.siou of coverage, ~t-the coverage period shown on the current eer-fi.fic~e of coverage ends du_H_ng the duration of the project; ('E) obtain from each other person with whom ir contracts, md provide to the conrr~c:.or:. Cl,) a certificate of coveage, prior m the orZaer pe~on be_~m/ag work on the project; and ~i,) prior to the end of the coverage period, a new certificate of coverage showing e.~erusion o£the cover's-ge period, if the covet-age period shown on the current certificate ofcover-~ge ends during the duration of the projec-q CF) retain all required cer-dficates of coverage on file for The duration o/'d~e project ~__ad for one year thereafl:er, (G) noci_~'_ the governmental entity in writing by certified rr,2il or personal delivery, v,ithin tea days a_~er the person knew or should have k~aown, of any change that materially affects the provision of cover-~e ora.ay person providing serv/ces ou the project; and ~ contractually require ezch other person with whom k contr-~.s, to perform ~ required by subparm.~_ pbs (A)-(H') of this paragraph, 'with the ce~ Eficate o£cover~e to b~ provided to the person for whom th~-/ (e) A. per, on providiz~ services on a project, other than a conz~ctor, shall- (1) provide coverage for iu employees providing services oa a project, for the du~don of the project bLsed on proper reporting of classLfication codes and paYroll *mortars ~nd filing or,ny coverage a~'eeraems; (2) provide a cerlfficate of coverage ~s requkefl by its contrac~ to provide services on the project, prior co beg~in~ work on the project; (]) have the following l~n_m~age in its contract to provide services on the project: ":By sigz~iag t. his contract or providgng or ~using to be provided a certificate of coverage, the person si_~g th/s contrac~ is representing to the governmental entity that all employees of the person si_~ing this ~ontrac: who will provide services on the project will be covered by workers' compensation coverage htlp://v.-v,~w.sos.~.a.I;~.tx.u..q/[a.c. Z28/lJ./1 lOfB/l 10.110.hr. ml ~e~.~ ~/zJ/~m~ 8/7/98 ['or d-.e d,.:mtion o£~e proie~z, that the coverage will be b~ed on proper repordmg of cla.w~cadon codes &nd payroll ar...ount~, and that ~11 coverage mgreemems will be fried with the appropriate irmu~a=ce carder or, in the ca~e ot'a self-intoned, with the commi~iotfs Divisioa of Self-Inma'ance ~egu.izriOrL ProvidJ_n§/a.[se or mJ~l~rlin~ L'fforl~Ijon my subje.~ the comz~c:or to arlmini~b ~:i~e pen~ifie~ cl'~in,I pe."~,lHes, ~ penaJl:ie~? or oth~ CiVl~ (4) provide the person for whom it i~ providing service~ oa ~h¢ project, prior to the end at'the coverage period .thown on its cazrrent certificate of'coverage, a new certificate showing extetmion of' coverage, if the coverage period shown oa ,,he certificate of coYe~ge ends during the durml:ion of'the project; (5) obt~ ~om eac~ per, on provki~g service~ on a projec: trader contract to iL end provide required by i~s conu-act: (A) · c~-d~c, zte of coverage, prior to the other per,on bean-inB work on the projec:; ~ OB) prior to the end of the coverage period, a new certificau: of coverage showing ex'tern-ion of the cover:'ge period, if the cover, ge period shown oa the can-rent cz. rdfica:e of coverage ends dtt.,'i~g the duration o~' the proje~'t; (6) ret.in .11 required certificmtes of coverage on file for the duration of the projem ~.nd £or one year ther~'~ (7} notify the governmental entity in .uniting by ceatified mail or pea~onal delivery, ofa~y change that maleriaily a.ffec~ the provision of coverage of amy person providing servicex on the project amd send the nofic~ within ten day~ afl:er the person Imew or should have knov~'t of the ehan.oe; and (8) contractually require each other person with whom it conmmc~ to: provide coverage bazed on proper reporting of claz~cation codes and pmyroL1 mmotuzts and filing of any c. overage agreements for all of its e.rnployee~ providing Se_rvlce~ on the proje~ for the duration of the project;, OB) provide acm G/Scale of corm-age Io il prior to that other pea--.on be~nning work on the projec~ (C) include in all contracts to provide sea-vic..~ onthe project the language in pmmgraph O) offl'~ sub~e~don; (D) provide, prior to the end of the coverage period, a new cert~c.~e of coverage showing exlem~ion oflhe coverage period, if the coverage period shown on the ca,trent certificate of coverage ends during the dttrarion of the project; Cfi) obtain flora each other per, on under contract to it to provide services on the project, and provide · s required by its contract: (i) a cer~. c.~te of coverage, prior to the oth~ per, on beginning work on me project; ~nd (h') prior to the end of the coverage period, a new certificate of coverage ~howing exxem4on of the coverage period, if the coverage period shown on the ~rrent certificate of coverage ends during the htlp://w'u~w.sos_slalc_~x.us/tac/28/ll/110/B/110. I IO.html ,o'rxc. g ~ cc~'~,~ - e &"7/98 J duration of:he contract: (F) retain aJJ required c.~'~c.a:~ of coverage on file for the duration of ',he proje~ md for one ye,at thereafter, (G) notify, the goveramenta~ er. tiP/in wfid~g by cert~ed mail or personal delivery, wi-thin ten days ~'ter the person Ioaew or should ~vc known, of any change that m~eri~y affects the provision of coverage of any person providing services on the project ~ad (II) contra~ually require each persoa with whom ix conu-acts, to pe~orm ~ required by thN - subparagraph and subpara~aphs (A)-(G) o£thi~ pam~'aph, with the certificate of coverage to be provided to the person for whom they are providing services. (0 If any provision ofthi~ rule or its application to any person or ciro,m~.anc~ is held invalick the in,cali~ty does not i~ffect other provlsioas or ~pllc:afiaas ofthlc rule that can be ~veil c~'cct vdtho~ the i.v-alid provision or application, and to thie end the provis~o~ of this rule m'e declared to b~ severable. (g) 'Il:ds rtde i~ applicable for building or construct.ion cona-ac~ adver,dsed for bid by a governmental entity on or after September 1. 1994 ~ rule is also applicable for those building or coastrucdon con~racts entered into on or a~er September 1, 1994, which are not required by law to be advertised for bid_ (h) The coverage requirement ha th~ r~c does not apply to motor carriers who are required pursuam to Texa~ Civ~ Statutes, A~.inle 6675c, to register with the Texas Dep~rtment of Transportation ~md who provide acc/dental ~ce coverage pursuant to Te_xa~ Cix41 Statutes, Article 6675c, § (i) The coverage requirement in'this rule does not apply to sole proprietors, pamaers, and corpo~te officers who meet the requirements of the Act, § 406.097(c), and who are e~pllcYdy excluded fi~om coverage in eccorH~,~ce with the Act, § 406.097(a) (a~ added by House Bill 1089, 74th l_a~hhTre, 1995, § 1.20). TMs sub~ecdon zppfies only to sole proprietors, pa. maers, ~nd corporate executive ol~eer~ who are excluded fi.om coverage in an inmranco policy or certificate of authority to self-insure ~h,~ is delivered, is~aed for deliveLy, or renewed on or after Sanuary 1, 1996. Source: The provislom of this § 110.1 I0 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effe~dve November 6, 1995, 20 Tex~ 8609. Retur~ to Section Index PART A SPECIAL PROVISIONS Water Laboratory Pre-Engineered Storage Bu#ding 2004 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting Sea]ed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City SecretarT, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 PM, Wec~nesday, 04 May 2005~ Proposals mailed should be addressed in the following manner~ City of Colqpus Christi City Secretary's office 1201 Leopard Street Corpus Christi, Texas 78401 AT'UN: BID PROPOSAL Water Laborato~ Pre-Engineered S~rage Building 2004 A pre-bid meeting will be held on Thursday, 28 April 2005, beginning at 10:00 AM, at ON Stevens Water Treatment Plant. The prebid meeting will be conducted by Chuck Anastos AIA, and will provide for questions and answers. NO individual site visitations will be conducted p~ the Cit~. A-2 Definitions a~d Abbreviations Section B 1 of the Genera] Provisions will govern. A-3 Description of Project Consists of the construction of a 20' -3" by 20' 3" pre engineered metal building system, at the O N. Stevens Water Treatment Plant; excavation and fill; ter~ite control; Portland cement concrete pavement; cast-in-place reinforced concrete ~oundation; door hardware; pluming for water filtration equipment (filtration equipment by others); and electrical and lighting all in accordance with the drawings, specifications and other contract documents_ A-4 Method of Award The bids will be evaluated based on the following priority, subject to availability of funds: 1. Total Base Bid The city reserves the right to reject any or all bids, to waive irrecJularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 54 Bid Bond (M~st reference "Water Laboratoz~ Pre-E~gineered Storage Building 2004' as identified in the Proposal)_ (A Cashier's Check, certified check, money order or bank draft from any State or National Ba~.k will also be acceptable.) 2 Disclosure of Interests Statement Section A - SP (Revised 9/18/00) A-6 Time of Co~pletion/Liquidated D----ges The working time for completion of the Project will be 90 Calender Days. The Contractor shall co~ence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such tim~ period as extended pursuant to other provisions of this Contract, $100.00 per calendar day will be assessed against the Contractor as liquidated damages Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the city. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. 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 cofnplete 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. 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. Section A SP (Revised 9/18/00) Page 2 of 20 A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Buildin~ Construction In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in P~rt C. The Co~tractor an~ any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and m~chanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, wor~Jnan, or mechanic e~loyed, if such person is paid less than the specified rates for the classification of work perform. The Contractor and each subcontractor must keep an accurate record showing the nam~s and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker The Contractor will make bi weekly certified payroll submittals to the city Engineer. The Contractor will also obtain copies of such certified pa~rrolls fro~ all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.) One and one-half (1 1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or h©l~days (See Section B 1-3, Definition of Terms, and Section B-7-6, Working Hou]s.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. The Contractor shall provide a forty- elgnt (48) hour notice to any applicable agency when work is a~ticipated to proceed in the vicinity of any facility by using the Texas One Call System 1-800-245-4545, the bone Star Notification Company at 1-800 669-8344, and the Southwestern Bell Locate Group at 1 800-828-5127. For the Contractor's convenience, the following telephone numbers are listed City Engineer 880-3500 Project Engineer 880 3500 A/E Project Engineer: Chuck Anastos Associates, Inc 884-4422 Traffic Engineer 880 3540 Police Department 882 1911 Water Department 857-1880 Wastewater Department 857 1818 Gas Department 885 6900 Storm Water Department 857-1881 Streets / Solid Waste Department 857 1970 A.E.P. 299-4833 S B.C. 881-2511 City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) F}4C (Fiber Optic) ChoiceCom (Fiber Optic) C3%PROCK (Fiber Optic) Brooks Fiber Optic (MAJ,) (946-0069 mobile) (880-3140 after hours) (880 3140 after hours) (885-6900 after hours) (880-3140 after hours) (693-9444 after hours) (1-800 824-4424, after hours) ~57 1946 (857 1960) 857 5000 (857-5060 after hours) 512/935 0958 (Mobile) (Revised 9/lB/00) A-12 ~4aintenance of Services The Con,tractor shall take ali precautions in protecting existing utilities, both above and be]ow ground. The Drawings show as much information as can be reasonably ~bt ]in(~d from e×isting as-built drawings, base maps, utility records, etc. and from ~is much field work as normally deemed necessary for the construction of this type of preset[ with regard to the location and nature of underground utilities, etc. How{~vel, the accuracy and completeness of such information is not guaranteed. It is I he Contractor's sole and complete responsibility to locate such underground lea[ures sufficiently in advance of his operations to preclude damaging the existing f,~ci lilies. If the Contractor encounters utility services along the line of this %cork, it is his responsibility to maintain the services in continuous operation at the event of damage to underground utilities, whether shown in the drawings, the ontra~tor shall make the necessary repairs to place the utilities back in service construct the work as intended at no increase in the Contract price. All such repairt must conform to the requirements of the company or agency that owns the t ti]iEie$. Where ~xisting sewers are encountered and are interfered with (i_e_ broken, cut, ~ c ), flow m~st be maintained. Sewage or other liquid must be handled by the (ontractor either by Connection i~to other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other 1 iq~]id must not be pumped, bailed or fhnmed over the streets or ground surface and I',,nluactor must pay for all ~ines and remediation that may result if sewage or other 1 iquid contacts the streets or ground surface, it is also the Contractor's ~es[,onsibility to make ail necessary repair.~, relocations and adjustments to the satisfaction of the city Engineer at no increase in %he Contract price. Materials tar uepairs, adjustments or relocations of sewer service lines must be provided by A-13 Area Access and Traffic Control (Not Used) Suf£icicnt traffic control measures must bc ~gcd to assure a safe condition and to ~ov{dc a minimum of inconvenience to motorists_ All ~;cathcr accco$ must bc provided to~ll residents and businesses at all timce during construction_ Thc Contractor must provide tcmporary drivc%;ay~} and/or roads of approvcd matcrial during w~e~her- Thc Contractor must maintain a stockpile on thc Project oitc to mcct thc domane~_~ of inclement ~cathcr_ Tho Contractor ~ill b~rcquirod to schedule his operation9 so as to cause minimum adverse impact on thc accessibility of adjoining propcrtics. This may in~ludc, but S.e-~t ~mitcd to, work,rig drivc~ayo in half %;idtho, construction of tcmporary ~. Con~or shall-comply wi4~he C~ty of Corpu~ Chrioti'$ Uniform Barricading Skandayds and Practices as adopted by thc City_ Copies of this document arc available through thc City's Traffic Engincczing Department. Thc Contractor shall ~ecuzc thc nccc0sary permit from thc City's Traffic Engineering Department_ for traffic- eont~-)l arc considered :subsidiary/ thcroforc, no dircct A-14 Construction Equipment Spillage ~d Tracking '['he :Xmtractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from ihe construction area. Band labor and/or mechanical ~quipment must be used where necessary to keep these roadways clear of job-related Section A - SP (Revised 9/18/00) 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 F~oie(~t site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of g, ass 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; 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 be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; ~he~efore, no direct payment will be made to Contractor. A-17 Field Office (NOT USED) ~ Contractor must,~urnish thc-City Engineer or hid representative with a field offiee~ at thc construction site. Thc field office must contain at least 120 square feet of useable space, Thc field office must bc air conditioned and heated and must he--furnished with an inclined table that measures at least 30" K 60" and two (2) chaJ~-~. Thc Contractor ~hall move thc-fic!d c~fficc on thc site au required by thc City Engineer or his rcprcscntati¥c Thc field office must bc furnished with a I ~t~phenc (with 24 hour per day ans%~cring ocrvicc~ and P~X machine paid for by thc Contractor. There is no separate pay item for thc field office. A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calender days_ This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting_ The plan must indicate the schedule of the following work items, and comply with the scheduled use of each facility All work is to be closely coordinated with each fac~lil y manager. Initial Schedule: Submih Lo the City Engineer three (3) days prior to the Pre- ~onstruction Meeting an initial Construction Progress Schedule for review. Items to Include: Show complete sequence of construction by activity, ~dentifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals_ .~. Ee-Submission: Revise and resubmit as required by the City Engineer_ P~sriodic ppdate: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Section A SP (Revised 9/18/00) Page 5 of 20 A-19 Construction Staking The drawings depict lines, slopes,w~--~-~, sections, measurements, bench marks, basc!incs, etc. that are noi~ally required to construct a project of this nature. The maisr controls and bench marks required for setting up a project, if not shown ~n the drawings, will be provided by the City Surveyor. the ,~ontracLor will furnish all ]ines, slopes and measurements for control of the work . It, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City Surveyor 48 hours notice so that ~lte[nate control points can be established by the C~ty Surveyor as he deems necessary, at ne cost to the Contractor. Control points or bench marks damaged as a ~esu[t of the Contractor's negligence will be restored by the City Surveyor at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to p~operly execute the work, the Contractor shall obtain approval of the City Engineer prior ~¢/ deviation. If, in the opinion of the City Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process_ Also, the City Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the A-20 Testing and Certification All tests required under this ~tem must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor_ The Contractor must provide all applicable certifications to the City Engineer_ A-21 Project Signs (Not Used) Thc Contractor must furnish and instal] ~ Project sign at thc as indicated on thc following drawings. (Attachment III) Thc sign must bc installed bcforc construction begins and %;ill bc maintained throughout thc Project period by thc Contractor. Thc location of thc sign will ~ determined in thc field by thc City Engineer_ A-22 ~nority/~l~nority Business Enterprise Participation Poli~y (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 st Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto_ In accordance with such policy, the City has established goals, as stated h~rein, both for mJnor~l y and female participation by trade and for Minority Business Enterprise. 2. Definitions Prime Contractor ~ Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a Section A SP (Revised 9/18/00) Page 6 of 20 assoc,ation o, joint venture as herein provided which has been awarded a City conl tact. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, eguipment, materials or any combination of the [oregoing unde, contract with a prime contractor on a City contract_ Minority Business Enterprise: A business enterprise that is owned and ~utrolled by one or more minority person(s). Minority persons include Blacks, Me×ican Americans and other persons of Hispanic origin, American i~ians, Alaskan Natives, and Asians or Pacific Islanders_ For the purposes of this section, women are also ~:onsidered as minorities_ I~ir~ority person(s) must collectively own, operate and/or actively manage, shd share in payments from such an enterprise in the manner hereinafter se~ forth: 1. Owned Fou a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. ~'or an ~nterpriae doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by ene or more minority person(s)_ (c) ['or an enterprise doling business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s)_ Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s)_ Share ~n ~ents Minority par[:ners, proprietor oz' 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 paymen[s, and any other monetary distribution paid by the buszness enterprise. F~,:~ority: See definition under Minority Business Enterprise. Female Owned Business Enterprise: A sole proprietorship that ~s owned and controlled by a woman, a partnership a[ least 51.0% of whose assets o[ partnership interests are owned by one or more women, or a corporation , ~ ]east 51 0% of whose assets or interests Ln the corporate shares are .3 ~t Venture: A }~){nt venture mea~%s an association of two or more persons, partnerships, corporations, or any combination thereof, founded ~o 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 canno[ 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% ir~terest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have e~ her financial, managerial, or technical ski]}s in the work to be ~rformed by the joint venture_ (Revised 9/18/00) Page 7 of 20 Goals The goals [or 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: bllnority Partici~tion (Percent) 14/nority Business Enterprlse Participation (Percent) 45 % 15 % These goals are applicable to all the oonstruction work (regardless of federal participation) performed in the Contract, including approved change orders. Thc hours of minority employment must be substantially uniform throughout the length of the Contraci and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to Ihe Cily Engineer The Contractor shall make bi-weekly payroll submittals to the City Engineer_ The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor wi~[ indicate, iii 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 fashinn o~ ~o submit overall participation information as required. A-23 Ins~=ction ~lred (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a per,nit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B 6 2 of the General P~ovisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and ali other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Su~ty ]~ondm Paragraph two (2) of Section B ~ 4 o[ the Genera] 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 (]0%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Snrety Company has reinsured the portion of the bond amount that exceeds t~{n percent (10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas_ The amount ol the bond reinsured by any reinsurer may not e×ceed ten percent (10%) Section A - SP (Revised 9/18/00) Page 8 of 20 ~ £ /he reinsarer's capita[ and surplus. For purposes of this section, the amount of allowed capital a~d surplus will be verified through the State Board of insurance as of the date of the last annual statutory 15nancial statement si the Surety Company or reinsurer authorizsd and a(lm~tted to do bosiness in the State of Texas. The Surety shall desig~ate an agent who is a resident of Nuec~s County, Texas_ Each bond mast be executed by the Contractor and the Sucety. For contracts in e×cess of ~100,000 Ihe bond must be executed by a Surety company that is c(rtif~ed by the United States Secretary of tbs Treasury or must obtain ~einsurance for any liability in excess of $100,000 from a reinsurer that Js certified by the United States Secretary of the Treasury and that m, ets all the above requirements. The insurer or reinsurer must be listed in the Federa] Register as ho]ding certificates of authority on ~ he date the bond was issued." A-25 Sales T~x Exemption (NOT USED) ~)ee~ion B 6~=,~° -Ta~[ E×cmption -Provio4on, is deleted in its c~{tircty and thc ~.]4~.)wing substJtutcd in lice thcrco~= Contracts for improvements to-real property awarded by thc City of Corpus Christi do ~w+C-qual&fy for c~cmptions of gales, E×ciac, and Usc Ts×cs unless thc Contraotor ejects to operate under a separated contract as defined by Section 3.291 of Chapter ~, Tax Administration of Title 34, Public Fin,]ncc of thc TcKa~ Ac~iniatrativc Code, ¢~r ~;u~q~ other rules or re~u4ations as may be promulgated by thc Comptroller of ~{he Contractor~e3~;~o o~cratc Llndcra '~)cparatcd eontr,nct, ho shall: ~tain thc necessary =3a4~a× permits from thc State Comptroller. Identify in thc appropriate space on thc "Statement of Materials and Other ~argco" in thc proposal form the cost of matcmialo physically incorporated ~i~ thc Pr~jeet. ~_-- ~o¥ide resale ccrtif~<~o~tes to suppliers ~ovidc thc City with copics-~f ma~3rial invoices to--substantiate thc proposal ~luc of materials. thc tontra~tor does not elect to operate u~dcr a separated contract, hc must pay ,~ ,~3~ Sales, EKcJsc, and Usc Taxes-applicable to this Project_ ~e~nt~actora arc eligible for sales tax c~cmptiono if thc subcontractor also ~mplie:: with thc above requirements. Thc Contraetor must issue a resale ~e~-tificatc to thc subcontractor and thc subcontractor, in tarn, iosucs a rc0alc ~ficatc to his supplier_ A-26 Supplemental Insurance Requirements F~¢t: each insurance coverage provided in accordance with Section B 6-11 of the C.Jr,[ ~acl , the Contractor shall obtain ar] endorsement to the applicable i~surance p<~li~-y, signed by the insurer, stating: In the event of cancellation or material change tha~ reduces or restricts the in3urance afforded by this coverage part, each insurer covenants to mail prior written not,ce of cancellation or mater~al, chanqe to: section A - SP (Revised 9/18/00) Page 9 of 20 1. Name: City of Co~pus Christ] Enginee,ing Services Depar]ment Attn: Conlract Administrator Address: P.O. Box 9277 Corpus Christ~, Texas '?0469 9277 Number of days advance notice: 30 The ~on~ractor shall provide to the City Engineer the signed endorsements, or copies ttlereof certified by the insurer, within thirty (30) calendar days after the date the ~'it { Engineer requests that the Contractor sign the Contract documents_ ~'i~thin :hirty (30) calendar days after the date tile City Englneer requests that the Contra~ ~or sign the Contract documents, the Contractor shall provide the City Engineer ~ith a certificate of insurance certifying that the Contractor provides wo~k~t~ ' { compensation insurance coverage for all employees of the Contractor ~mp]~ye,] on the Project described in the Contract. For each insurance cower'age provided in accordance with Section B-6 11 of the Cont~acl, the Contractor shall obtain an endorsement to the applicable insurance po]icy, signed by the insurer, stating that the City is an additional ~nsured under the insurance policy_ The City need not be named as additional insured on Worker's Compens,~tion coverage Fo~ :on~ factual liability insurance coverage obtained in accordance with Section B- 0 ] [ (M) of the Contract, Ihe Con! factor shall obtain an endorsement to this 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 f~om such injury, or any damage to any property, which may arise or which may be alleged to hav~ arisen out of or in connection with the work covered by this Contract The foregoing indemnitV shall apply except if such injury, death ou damage is caused directly by the negligence or ot hen fault of the Cit y, it s agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B 6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk Insurance Coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's risk coverage must be an "All Risk" form. Contractor must pay alt costs necessary to procure such builder's risk insurance coverage, including any deductible. The City mus[ be named additional insured on any p~.[icies providing such insurance coverage. A-28 Considerations for Contract Award a-nd Execution To allow the City Engineer lo determine that the bidder is able to perform its obligations under the proposed contract, [hen prior to award, the City Engineer may require a bidder to provide documentation concerning: Whether any liens B~]ve been filed aga]nst biddez roi either failure to pay for s~ trices or materials supplied against any of its projects begun within the p~eceding two (2) years. The bidder shall specify the name and address of the potty holding the lien, the amount of the lien, the basis for the lien claim, Section A - SP (Revised 9/18/00) Page 10 of 20 ,,nd 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 Whelher there are any outstanding unpaid claims against bidder for services or materials supplied which relate to ally of its projects begun within the preceding lwo (2) years. The bidder shall specify the name and address of the , laimant, 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 req,les~, signed and dated by the bidder's owner, president or other authorized party, specifying at1 current assets and liabilities. A-29 Contractor's Field ~ud~inistration St~aff The Contractor shall employ fo~ this Project, as its field ac[ministration staff, superintendents and foremen who are careful and cor0petent and acceptable to the City The cr ~teria upon which the City Engineer makes this determination may include the fo] lowing: The superintendent must have at least five (5) years experience in the day-to- day field management and oversight of projects of a similar size and con~ple×ity t~ this ~roject. This experRmce mu:;t include, but is not limited to, '~ ~hedu]ing of manpowe~ arid materials, structural steel erection, masonry, s~fety, coordination o~ subcontractors, and familiarity with the architectural s~bmihtal process, federal and state wage rate requirements, and contract (:lose-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_ I)ecumentation concerning lhese mattels will be reviewed by the City Engineer. The ~,~nl factor's field administration staff, and any subsequent substitutions or ~pl 3cements thereto, must be approved by the City Engineer in writing prior to such ,',uperili!endent o~ foreman assuming responsibilities on the Project. Such wzitten approval of field administration staff is a prerequisite to the City ~ogJneer's obligation to e×ecute 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 a(lminis[ ration staff during the term of this ('ont~act. if the Contractor fails to obtain prior written approval of the City ~ingineer concerning any substitutions or replacements in ~ts field administration s[a£f for this Project during the term of the Contract, such a failure constitutes a [asia ~o annul the Contract pursuant to section B-7-13. A-30 ;%me~lded "Consideration of Contract" Requir~ents [Jndeu "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Considerat ion of Contrac~ add %he fo]lowing text: Within five (5) working days following lhe public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must sutlmit ~o the City Engineer the foll¢lwing information~ A list of the majo~ components of the work, { A list of the products to be incorporated into the Project; Section A SP (Revised 9/18/00) Page 11 of 20 A schedule o£ values which specifies estimates of the cost for each major component of the work; A schedule of antic[pated 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 app[opr[ate certifications by federal agencies o~ 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 h~s, in fact, beee made to meet said lequirements but that meeting such requirements is not reasonably possible. A list of subcontractors that wil! 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 ali subcontractors that will perform work on the Pro3ect. The Contractor shall obtain written approval by the City Engineer of ali of its subcontractors prior to beginning work on the Project_ If the City Engineer does not approve all proposed subcontractors, it m~y rescind the Contract award. ir, the event that a subcontractoz previously listed and approved is sought to be substituted for er 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 Jn the Project Such approval will not be given if the replacement of the subcontractor will result in an increase i~ 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- ] ; 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-construct]on conference; Documentation required pursuant [o the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A 35-K, if applicable_ 10 W~thin five (5) days following bid opening, s,,h~ t in letter form, ~nformation identifying tlq~e of entity and stat~, i.e , Texas (or other state) Corporation or Partners~p, and n~m~(s) and Title(s) of indiv~ch,a] (s) authorized to execrate contracts on beh~alf of said entity. A-31 A~ended Policy on Extra Work and Change Orders IJnde] "General Provisions and Requirements for Municipal ConstructiGn Contracts" B 1{-5 ~olicy on Extra Work and Changp?rders the present text is deleted and replaced wi~h the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change orde~ has not been signed by the Director of Engineering Services or his designee The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges tha~ any change orders in an amount in excess of $25,000_00 must also be approved by the City Council Section A - SP (Revised 9/18/00) Page 12 of 20 A-32 Amended "Execution of Contract" Requirement~ Under "General Provisions and Requirements for Municipal Construction Contracts" B- 3-5 E×ecutJon of Contract add the following; The award of ~he Contract may be lescinded at any time prior to the date the ti ty Engineer delivers a centraot to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or the,r authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the C~ntract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each b~dder must familiarize h~mself 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 l~eting referred to in S]~cial Provision A-1 A-34 Precedence of Contract Docn~ments In case of conflxct in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given [o the Special Provisions, fhird precedence will be given to the construction [~lans, fourth precedence will be given to the Standard Specifications and the Cenera] P~ovislons will be given last precedence. In the event of a conflict between ,n~ )f the Standard Specifications with any other referenced specifications, such as [h~ fex.~s 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 Prov~sions (~f applicable), c~n?~ruotion plans, referenced specifications, Standard Specifications, and General [revisions, in that order A-35 Cit~ Water Facilities: Sl~ecial Requirements A Visitor/Contractor Orientation Prior to performing work at any City water facility, the Contractor, his subcontractors, and each of their employees must have on their person a valid card certifying their prior attendance at a Visitor/Contractor Safety Orientation Program conducted by the City Water DepaItment Personnel. A V~sitor/Contractor Safety Orientation Frogram will be offered by authorized City Water Department personnel for those persons Who do not have such a card, and who desire to perform any work within any City water facility. For addi% ional information refer to Attac--h~ent 1. B Ol~armtlon of City-Owned Equipment The Contractor shall not start, o~rate, or stop any plump, meter, valve, equipment, switch, breaker, control, or any other item related to City water facility at any time_ All such items must ~ operated by an operator or other authorized maintenance employee of the City Water Department. Section A - SP Page 13 of 20 C H. I. d Protection of Water Q~ality The City must deliver water of drinking quality to its customers at all times_ The Contractor shall protect the quality of the water in the job site and shall coo,dinate its work with the City Water Department to protect the quality of the water. Conformity with ANSI/NSF St~%ndard 61 All materials and equipment used in the repair, reassembly, transportation, reinstallation, and inspection of primps, or any other items, which could come into contact with potable water, must conform to ~tmerican National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 as described in the Standard Specifications. Such materials lnclu~ all solvents, cleaners, lu]~ricant~, gaskets, t~d co--funds, coatings, or hydraulic e~p~ent These i~- must not be used unless they conform with ANSI/NSF Sta~a~rd 61 mhd unless such items are inspected on the site by authorized Citypersonnel i~medlat~ly prior to use. The Contractor shall provide the Engineer with copies of written proof of ANSI/NSF Standard 61 approval for all materials which could come into contact with potable water Handling and Dis1~osa_l of Trash Ail trash generated by the Contractor or his employees, agents, or subcontractors, must be contained at all times at the water facility site_ Blowing trash will not be allowed. The Contractor shall keep work areas clean at all times and remove all trash daily- CONTRACTOR'S ON-SITE PP. EPARATION Contractor's personnel must wear colored uniform overalls other than orange, blue, or white. Each ~loye~ uniform must provide c~.~any na~e and individual employee id~tific~ation, Contrac[ior shall provide telephones lot Contractor personnel_ Plant tel~hones aate not available for Contractor use. Working hours will be 7:00 A.M_ to 5:00 P.M., Monday thru Friday. Contractor must not use any City facility restrooms_ Contractor must provide own sanitary facilities. Ail ContraCtor vehicles must be parked at designated site, as designated by City Water Department staff. All Contracto~ vehicles must be clearly labeled with company name. N__o private employee vehicles are allowed at O_ N_ Stevens Water Treatment Plant. All personnel must be in company vehicles. During working hours, contractor employees must not leave the designated construction area nor wander through any buildings other than for required work or as directed by City Water Department personnel during emergency evacuation. Contractor Qualifications SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION~) ~y work to the cemputer-based monitoring and control system must be performed only by qualified technical and supervisory personnel, as determined by meeting the qualifications 1 thru 9 below. This work includes, but is not limited to, modifications, additions, changes, section A - SP (Revised 9/18/00) Page 14 of 20 selections, furnishing, installing, connecting, programming, customizing, debugging, calibrating, or placing ]n operation all hardware and/or software specified or required by these specifications. The Contracto, or his subcontractor proposing to perform the SCADA work must be able to demonstrate the following: He is regularly engaged ]n the computer-based monitoring and control system business, preferably as applied to the municipal water and wastewater industry. He has performed work on systems of comparable size, type, and complexity as required in this Contract on at least three prior projects. He has been actively engaged in the t~)e of work specified herein for at least 5 years. He employs a Registered Professional Engineer, a Control Systems Engineer, o~ an Electrical Engineer to supervise or perform the work required by this specifications. He employs personnel on this Project who have successfully completed a manufacturer's tra]ning course in configuring and implementing the specific computers, RTUS's, and software proposed for the Contract He maintains a permanent, fully staffed and equipped service facility wi%tin 400 miles oi the Project site to maintain, repair, calibrate, and program the systems specified herein. He shall furnish equipment which is the product of one manufacturer to the maximum practical extent_ Where this is not practical, all equipment of a given type will be the product of one manufacturer. Prior performance at the O. N. Stevens Water Treatment Plant will be used in evaluating which Contractor or subcontractor programs the new work [or this Project. The Contractor shall produce all filled-out programming blocks rec~ired to shew the programming as needed and required, to add these two systems to the existing City SCAOA system_ Attached is an example of the required programming blocks which the City requi~es to be filled in and given to the City Engineer with all changes made during [he p~ogramming phase The attached sheet is an example and is nol intended to show all of the required sheets_ The Contractor will provide a~] p~og~9~ing blocks used. '~ ~lching Recluirements All trenching for [hJs project at the O. N. Stevens Water Treatment Plant shall be performed using a backhoe or hand-digging due to the number of existing underground obstructions. No trenching machines shall be allowed on the project. A-3~ Other Su~tta_ls ~i o~ Drawing Submittal: The Cont~acto~ 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. Reproducibles: ]n addition to the required copies, the Contractor shall also submit one (1) reproducib]e transparency for all shop drawings. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Fozm attached at the end of this Section; and sequentially ~ ~]~er each transmittal form- Resubmittals must have the original subm~tta| ntunbcr with an a[phabetic suffix_ Contractor must identify the Section A SP (Revised 9/18/00) Page 15 of 20 2 Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products 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 submissioI% 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 subm/ttals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. Samples: The Contractor must sub,kit 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 ;%men(led ";%rrangement and Charge for Water Fur~aished k.f t-he City" {Jnde~ "General Provisions and Requirements for Municipal Construction Contracts", ~-6-~p Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This i~lcludes implementing water conseruation measures established for changing conditions. The City Engineer will provide a copy o~ the Plan to Contractor at the pre-construction meeting_ The Contractor will keep a copy of the Plan on the Project site throughout construction" A-38 Worker's Compensation Coverage for Building or Construction Projects for Goverumen~ Entities The ~equirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision_ Section A SP (Revised 9/18/00) Page 16 of 20 A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9_ A-40 A~endment 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-41 Ozone Advisory (Not Used) Priming and hot mix paving opcrationo must not bc conductcd on day0 for %;hich an ozonc advisory has bccn iooucd, c~ccpt for rcpairo. Thc City Enginccr %;ill notify Contractor about ozonc alcrt If a dclay such ao thi~ i~ cKpcricnccd, thc day will .not bc countcd as a ~;ork day and thc Contractor will bc compcnsatcd at thc unit pricc imdicatcd in thc propooal_ A-42 OSHA Rules & Regulations ~t is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules ,~d regulations while performing any and all City related projects and or jobs_ A-43 A~ended Indemnification & ~old Harmless Ilnder "General Prov~siong; and Requirements for Municipal Construction Contracts" B- 6-2] 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 ~ om 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 con~ection therewith by the contractor, er any subcontractor, supplier, materialman, o~ their officials, employees, agents, or consultants. The contractor shall hold the City, its o[ficials, 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 Change Orders Should ~ change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (u~it prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.) This breakdown information shall be submitted by coetractor as a basis fo~ the price of the change order. A-45 A-s-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and Section A - SP Page 17 of 20 vertical) of all facilities. Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. ~-46 Disposal of Highly Chlorinated water (7/~/00) The Contractor shall be responsible for the disposal of water used for testing, disinfection and line flushing in an approved manner. Contaminants In the water, particularly high levels o~ chlorine, will be used fsi disinfection, and may exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. These are regulated by numerous agencies such as TNRCC, EPA, etc. It will be the Contractor's responsibility to comply with the requirements of all regulatory agencies in the disposal of all water used in the project. The methods of disposal shall be submitted to the City for approval There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the city's sanitary sewe[ system for disposal of c©ntaminated water. A-47 Pre-Comstruction Exploratory Excavations (7/5/00) Prior to any construction whatever on the project, Contractor shall excavate and expose all existing pipelines that cross within 20-feet of proposed pipelines/structures of the project and Contractor shall survey the exact vertical and horizontal location of each crossing and potentially conflicting pipeline. For existing pipelines which parallel and are within ten feet (10') of proposed pipelines/structures of the project, Contractor shall excavate and expose said exiting pipelines at a maximum of 300-feet S.C. and Contractor shall survey the accurate horizontal and vertical locations of said parallel pipelines at 300-feet maximum O.C. Contractor shall then prepare a report and submit it to the City for approval indicating the Owner of pipelines excavated and surveyed, as %~cll as thc approximatc station thcrcof, distance to the pavement centerline and elevations of the top of existing pipelines Contractor shall perfor~ no construction work on the project until all e_K~lorator~ excavations have been made in their entirety, the results thereof reporte~ to the Engineer and until Contractor receives Engineer's approval of report. Exploratory excavations shall be paid for on a lump sum basis, Any pavcmc~t rcpair ausociatcd with cxploratory cxcawationa shall bc paid for according to thc catablishcd until pricc of pavcmcnt patching subsidiary to the project (no separate pay). Contractor shall provide all his own survey work effort (no separate pay) for explr3ra~ sty excavations. 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 Section A s~ (Revised 9/18/00) Page 18 of 20 wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to e×isting overhead electrical wires or facilities occurs. Contractor shall coordioate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. Some overhead lines ate shown in the construction plans, while others are not It shall be the Contractor's so]e responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A-49 ~%m~ded '9~ainten~nce Guaranty]'' (~/24/00) ~lnder "General Provisions and Requirements for Municipal Construction Contracts", B~- 8 ][ Maintenance Guaranty, add the followinq~ "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 individnal or entity_" Section A - SP (Revised 9/18/00) Page 19 of 20 PROJECT: Water OWNER~ City of Cor~us Christi ARCHITECT: Chuck Anastos Aesoclates, SUBMITTAL DATE: SU~N/TTAL T~ANSMITTAL FORM Laboratory Pre-Engineered Storage APPLICABLE SPECIFICATION OR DRAWING Building 2004 A'FI'ACHMENT ~ O.N. STEVENS WATER TREATMENT PLANT VISITOR/CONTRACTOR ON-SITE PERMIT As a visitor and/or contractor you will be required to adhere to our operational safety policies at all times while at the Plant. We require that you carefully read and familiarize yourself with the following information. A visitor is defined as any person or student on a plant tour, consultant engineers, salespersons, other department city employees, firs fighters conducting training or testing activities, or any other person not employed by the City permanently assigned to the plant. A contractor is defined as any person employed by a construction firm under contractual agreement with the city to perform construction, maintenance, or service work. Emergency response personnel responding to an emergency in the plant are exempt from reading this permit. FACILITY SECURITY All visitors and/or contractors, upon arrival, must register with the security guard at the main plant entrance. Prior to leaving the Plant, you must be signed out as well_ This must be done each time you enter or leave the Plant The purpose of this is maintain an accurate roster of all persons in the plant al all times. This list will be turned over to the city police and dsk management during an emergency. All visitors shall wear a numbered visitor's badge issued by the guard upon entry to the plant. All contractors shall wear a numbered contractor's bad;re issued by the guard upon entry to the plant. Badges shall be worn where they can be readily seen. All badges shall be returned to the guard when leaving the plant. Visitors and contractors shall park their vehicles in the areas designated by the guard. Contractors shall shuffle their employees from this designated parking area to their work site. Late arrivals shall walk to their work site. Only vehicles properly marked with company name shall be allowed in the work site location_ Company vehicles shall have prior approval from the Water Production Superintendent before being allowed in the work area. City officials (elected and top management) and law enforcement officers are exempted from marking their vehicles. Non-plant vehicles shall not drive thru the canopy area adjacent to the Chemical Building. This area has several blind spots and is an area with heavy pedestrian and chemical delivery traffic. Contractors shall ddve along the back side of the plant to access any work area located west of the Chemical Building. The area map shows the route that shall be taken. Page 1 oi' 7 (Revised 6/15/00) Please obey alii posted traffic and inl:ormatJonal signs. Unless otherwise posted, the speed limit within the plant is 10 mph. Visitors and/or contractors will be escorted at all times while at the Plant unless authorized in writing by the Water Production Superintendent. If authorized to proc. ccd unaccompanied, you will stdctly limit yourself to only those areas specified in the written authorization. Contractors and visitors shall not operate any valve, pump, motor, or equipment. USE OF PLANT FACILITIES The plant has a limited quantity of telephones intended for plant use only. Use of plant telephones is prohibited unless permission is given by the Water Production Superintendent on a case by case basis. Contractors are required by the contract specifications to provide their own telephones. The photocopying machine Iocal~l atthe plant is intended for plant use only. Use of the photocopier is prohibited unless permission is given by the Water Production Superintendent on a case by case basis. The restroom facilities located in the plant are intended for plant employee and visitor use only. Contractors are required by contract specifications to fumish their employees with portable restroom facilities located near their field offices or work areas. Contractors working inside the buiMings may use the plant restroom facilities. Contractors coming inside to meet with plant operations or maintenance personnel shall insure not to track mud inside the building. SMOKING City ordinance prohibifs smoking in public building, city owned buildings, and in city vehicles. Smoking is prohibited in all buildings within the plant and in all water treatment areas. There are two areas designated as smoking areas for office visitom: Outside the rear door of the Chemical Building and outside the East door of the Filter Building. Smoking is permitted inside contractors' vehicles. Cigarette butts shall be propedy disposed of in proper receptacles. Cigarette butts shall not be disposed of on the plant grounds. Page 2 oi: 7 (Revised 6/15/00) The Contractor may request a special area near his work site, but not inside his work area, to be designated as a smoking area for the duration of the his project. The Water Production Superintendent will allow smoking in this area as long as the cigarette butts are properly disposed of. FOOD AND BEVERAGES The possession and/or consumption of food and/or beverages is prohibited outside of the designated "lunch room" in the Chemical Building, Laboratory Building, and Filter Building. These areas are limited in size and are reserved for plant employees and their guests only. There are no food vending facilities within the plant. Contractors must either bring in their lunches or travel outside the plant for lunch. Conb'actors may lunch in their field offices, private vehicles, company vehicles or in a special area designated by the Water Production Superintendent. Trash shall be properly disposed of. Contractors shall be responsible for insuring that their employees are properly disposing of their trash, Contractors shall be responsible for disposing of their field office trash on a daily basis_ Possession of illegal drugs or alcohol are grounds for immediate expulsion from the Plant. Persons expelled from the Plant due to possession of drugs may be refused reentry into the Plant. SAFETY EQUIPMENT All visitors and contractors shall wear hard hats when visiting or working at the plant. Hard hats are optional in the offices, lab, control room, and the crew ready room. Hard hats will be issued by the guard only to visitors of the plant mana(~er. The plant does not provide hard hats to contractors or visitors of contractors. Contractors shall furnish hard hats to their employees and their visitors. Contractors shall issue hard hats, safety goggles, hearing protection and other safety equipment as required to work in the facility. Construction crews are required to wear safety shoes. Visitors and consultants that are going to be pdmadly in the office area are not required to wear safety shoes. The contractor's construction crew shall wear uniforms with the company's name. The contractor has the color option other than blue, white, or orange which are reserved for the plant employees. The uniforms may be long sleeve shirts and jeans or overalls. Contractors that are required to wear orange or green safety vests by their company may do so as long as Ihe vests have company identification on them. Page 3 of 7 (Revised 6/15/00) CONFINED SPACE ENTRY PERMff No one shall enter a confined space without first obtaining a "Confined Space Enl~y Permit" from e~ther the Maintenance Superintendent or the Safety Coordinator. Persons entering the confined space shall be properly equipped, backed-up, and supported by the required number of personnel. A confined space is de[ined as any space subject to but not limited to the following conditions: >An area not normally occupied by personnel. >An area with limited access. >An area with limited air circulation. Contractors shall refer to the Federal Register, 29 CFR Parts 1910.146 for the complete rules and regulations. EMERGENCIES The Plant has a specific and detailed Emergency Contingency Plan covedng fires, explosions, release(s) of hazardous materials to the air or to the ground, injured or ill personnel requinng immediate medical assistance, intrusion of unauthorized persons, any other event(s) not listed which present an imminent hazard to personnel, equipment, facilities, or the environment. Should you observe any of the above conditions, immediately notify the nearest Plant personnel and follow their instructions regarding safety actions to take. Dudng an emergency, the Water Production Superintendent is the "On Scene Incident Commander" unhl the first uniformed public safely officer, either Police or Fire, arrives_ In case of an emergency, the assembly IocalJon for those working near the chemical building shall be the Ready Room located in the Chemical Building. The office space and the Ready Room of the Chemical Building are air conditioned with a positive presudzation system. For those pemons working in areas that are not able to get to the Ready Room because of the wind direction, shall assemble in the their field office, the Guard House, or any other safe location up wind of the "hot zone". If assembly in a location other than the Ready Room or the Guard House, call the guard at 861-1221 and give him a head count and a list of names of those persons sheltering at that location. Stay off the telephone as much as possible so that you may be contacted. > All accidents or injuries must be reported immediately to the Plant Supervisor. > In the event the Emergency Contingency Plan is implemented, follow all instructions Page 4 of 7 (Revised 6/15/00) given to you by O.N. Stevens Water Plant employees since all Plant employees are trained in emergency response. Do not initiate any action on your own. FIREARMS > Firearms are not allowed to be carried into the plant premises either in vehicles or on a person's body. Active duty law enforcement officers are exempt. Concealed weapon permits will not be honored at Ihe plant. EMERGENCY COORDINATORS > Pdrnary Coordinator - Muck) Garza, P.E., Water Production Superintendent, ph 861-1212, pager 880-9706. > First Altemate- On duty shift supervisor, Plant Supervisor III, ph 861-1215. > Second Alternate - Frank Rodrigue?, Maintenance Superintendent, ph 861-1214. > Con[ined Space Entry Permits - Maintenance Superintendent or his designee, ph 861-1214, or Safety Coordinator, ph 861-1223. NOTE: Contractors who will be engaged in construction activities at this facility for extended periods of time will be required to receive additional training. VisitorlCon[Tactor to retain pages 1 thru 6 for their information. Page 5 of 7 (Revised 6/1,5/1)0) Page 6 o[ 7 Revised 6/15/00) O.N. STEVENS WATER TREATMENT PLANT VISITOR/CONTRACTOR AGREEMENT (Must be returned to O.N. Stevens Plant Signed and Dated before entry will be permitted.) Name (Please PRINT , have read and understand these in all caps) requirements and agree to abide by ~hem as a condition to my being allowed access to the O.N. Stevens Water Plant. I understand that failing to comply with any of these requirements may result in my being asked to leave the Plant. SIGNED: DATE: EMPLOYED BY: ADDRESS: CI'I-Y: STATE: ZIP CODE: (No abbreviations, please PRINT in all caps) WITNESSED BY: EMPLOYED BY: Page 7 of 7 (Revised 6115/00) PART C FEDERAL WAGE RATES AND REQUIREMENTS Page I et 3 Geaeral Decision Number: TX030063 12/24/2004 TX63 Superseded General Decision Number: TX020063 :;;st~uction Types: BuLlding BUrLDING CONSTRUCTION PROJECTS (does not include residential ~ struction consisting of single ~amily homes and apartments and including 4 stories) 0 06/13/2003 1 02/13/200q 2 05/28/2004 3 12/24/2004 ' BRT×0001 005 07/01/2004 ':lit ~layer .................. $ 1~.95 5.20 ~ ,I 09/0i/20(}3 Fringes Elecl titian ................. $ 17.25 5.28 [RO~0066-002 01/01/2003 ~ates Fringes I: ,mworker .................... $ 16.10 4.68 pAIN10©8-002 07/01/2002 Rates Fringes Painter ....................... $ 12.50 l_30 !:N~;<1987 002 03/01/198'] Rates Fringes Carpenter ................... $ 9.96 Cement Mason/Finisher ......... $ 12.50 Laborer ....................... $ 5.56 Macon Tender ................. $ 7.14 Plumbers and Pipefitters (hlch]dirlg HVAC) .............. $ 10.05 Pc~wer equipment operators: Backhoe .................. $ 7.84 k~-fei ........................ $ 9.20 ', ,ok Driver ................. $ 7 50 hitp://www.wdol.gov/wdol/scafiles/dav sbaconfFX63.dvb 4/12/2605 Page 2 of 3 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within scope of the classifications listed may be added after award cnly as provided in the labor standards contract clauses (29C'FR 5.5 (a) (1) (ii)) itl the Listing above, the "SU" designation means that rates ]~sted under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevaxling. WAGE DETERMfNATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can an existing published wage determination sn~vey underlying a wage determination Wage and Hour Division letter setting forth a position on wage determination matter conformance (additional classification and rate) ~u[ing 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 ~n 2.) and ~.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to~ Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W Washington, DC 202i0 2 ) [f the answer to the question il/ 1.) is yea, then an interested party (those affected by [he action) can request review ~nd reconsideration from the Wage and Hour Administrator (!lee 29 CF~ Part ].8 and 29 CPR Part 7). Write to~ Wage and Hour Adm]nistrator ~J.S. Department o] Labor h tlpz//www.wdol.gov/wdoUscafiles/davisbacon/TX63 .dvb 4/12/2005 Page 3 of 3 200 Constitution Avenue, washin~]ton~ DC 20210 T~ ~ I, ~' should be accompanied by a full statement of the ; ,,rty's position aod by any information (wage pa}'ment gata, project description, area practice material, err~.) that the requestor considers relevant to the issue. 3.) I~ thc decision of the Administrator is not favorable, an in~c~ s~ed part}' may appeal directly to the Administrative ; ~,i (formerly the Wage Appeals Board}. Write to: t) S. Department of Labor Washington, DC 20210 4.) All decisions by the ~dministrative RevieCw Board are final. h[tp://www.wdol.gov/wdoUscafiles/davisbacon/TX63.dvb 4/12/2005 AGREEMENT T~ STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT between the CITY OF Texas, acting through Contract Documents as Contract Documents as Nueces County, Texas: In consideration is entered into this 17T~ day of M~Y, 2005, by and CORPUS CHRISTI of the County of Nueces, State of its duly authorized City ManagerwD~{med in the Brian Bridges dba ~-~ "City," and Bridges SDecialtie~J~%ermed in the "Contractor," upon these terms, performable in :, lO~i~ns of city as set out herein, Contractor ~ ~p]ste ce,tain improvements described as follows: the payment of $37,250.00 by City and other will construct and ~FATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 PROJECT NO. 8501 (TOTAL BASE BID: $37,250.00) 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 PROPOSAL Place: Date: a Corporation organized and existin9 under the State of the laws of OR a Partnership or Individual doing business as TO: The City of Co~-pus Christi, Texas The tmdersigned hereby proposes to furnish all labor and ~laterials, tools, and necessary equipment, and to perform the work ~ equired for: WATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 locations set out by the plans and specifications and in accordance with the contract documents for the following Total Base ~id: The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 90 C~T.'I~ff~'D,A.~. DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTES~~ ~ City %ecretary ~ CITY OF CORPUS CHRISTI Ronald F. Massey, Asst. ~ty Mgr. os Public Wo~ks ~ Uti!~es Asst Attorney ~(~/~%,/~' Ange~Rt ~s_cob,r, P.E. DireCtor of Engineering Services ATTEST: (If Corporation) (Seal Below) (Note; If Person signing for corporation is not President, attach copy of authorization tO $ig~) CONTI~%CTOR ~ ~, ~_ Brian Bridges dba ~.~ Brid~es SDe~c~alt~ies [~-~ Title: ~t~- ~ 117 Stoval (Address) Sandia, TX 78383 (City) (State) (Zip) 361/215-5141 * 361/547-1769 (Phone) (Fax) Agreement Page 2 of 2 PROPOSAL FORM F O R WATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 PROPOSAL FOP~N PAGE 1 OF 5 PROPOSAL Place: Date: Proposal o, a Corporation organized and existing under the State of VC~/'0%~ the laws of OR a Partnership or Individual doing business as The City of Corpus Christi, Texas The undersigned hereby proposes to furnish ali labor and erials, tools, and necessar]; equipment, and to perfolqn the work ~equired for: WATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 at the locations set out by the plans and specifications and in '; ici accordance with the contract documents for the fo]]owinD prices, to-wit: 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 (lO) 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 ]abor 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 tile City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/l~inorit¥ Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit t© the City Engineer, in writing, the names and addresses of MBE firms ~ afl icipating in the contract alld a description of the wnrk tn be ~.;rJormed and its dollar value for bid evaluation purpose. N.ml~er of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 90 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all ,~cessary 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 SLUm or sums above set forth. Receip.~t o~ the following addenda is acknowledged (addenda number): (SEAL IF BIDDER iS a Corporation) Do not detach bid fr~)n~ other papers. FI]I in with ink and submit complete with attached paper~ PERFORMANCE BOND BOND NO. 69905853 STATE OF TEXAS § KNOW A~L BY T~ESE PRESENTS: COUNTY OF NUECES § Brian Bridges dba ~~ BridGes Smecialtie~f f of JIM WELLS County, called "Principal", and ~STERNSURETY COMPANY organized under the laws of the State of SOUTH DAKOTA THAT Texas, hereinafter , a corporation , 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 THIRTY-SEVEN THOUSAND, TWO ~ITNDRED FIFTy AND NO/100 ($37,250.00) 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 17TH of MAY , 20 05 , a copy of which is hereto : ~,~:: ec dnd made a part hereof, for the construction of: W]kTER LABORATORY PRE-ENGIN-EER~D STORAGE BUILDING 2004 PROJECT NO. 8501 (TOTAL BASE BID: $37,250.00) NOW, T~EREFO~E, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc_, accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Ve~noh'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 A~-'ent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising ~1~ such suretyship, as provided by Art. 7.19-1, Vernon's Texas lnuuL~nce Code. IN WITNESS WHEREOF, this instrument is executed in __ one ol which shall be deemed an original, this the 2ND _ _~U~E__ , 2005 PRINCIPAL Brian Bridges dba BRIDGES SPECIALTIES copies, each day of (Print Name) SURETY WESTERN SUP~ETY COMPANY Attorney'- in- fact MARY ELL~ MOORE (Print Name) The Resident A~ent of the Surety in Nueces County, Texas, notice and service of process is: Agency: Address: Phone SWANTNER & CORDON INSURA~NCE AGENCY MARY ELLEN MOORE P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 361-883-1711 for delivery of (NOTF~ Date of Performance Bond must not be prior to date of contract) (R~vised 9/02) Performance Bond Page 2 of 2 PAYMENT BOND BOND NO. 69905853 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Brian Brid~es dba ~ THAT Bridges Smecialties~For JIM ~-J~LS County, Texas, hereinafter called "Principal", and WES~ SU~ COMPANY ,a corporation organized under the laws of the State of SOUTH DAKOTA , 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 THIRTY-S~%~-Sq THOUSi~2~D, FIP"rY ~ND NO/100 ($37,250.00) 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 ~i~cipa! entered into a certain contract with the City of Corpus ~.~2st~, dated the 17TH day M~Y , 20 05 , a copy of which is hereto attached and made a part hereof, for the construction of: WATER LABORATORY PRE-ENGINEERED STORAGE BUILDING 2004 PROJECT NO. 8501 (TOTAL BASE BID: $37,250.00) NOW, THEP, EFORE, if the principal shall faithfully perform its duties and make prompt pa~rment 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 i~JRTHER, 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. Pa~rment 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 hero,in are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as ~esident in Nueces County to whom any requisite notices may be Gc~_~d and on whom service of process may be had in matters arising ~ u ~,r such suretyship, as provided by Art. 7.19-1, Vernon's Texas In~ ~nce Code. ]~ WITNESS WHEREOF, this instrument is executed in __ ~ ~ch shall be deemed an original, this the 2ND JUNE , 20 05 4 copies, each day of PRINCIPAL Brian Bridqes dba BRIDGES SPECIALTIES (Print Name & T~tlek~% SURETY WESTEB/9 SUP~ETY COMPANY Attorney?i~'fact ~pRY ELLEN MOOP~E tint Name) The Resident Agent of the Suret~ in Nueces County, notice and service of process as: Agency: Comtact Person: A~4~ess: Phone N,~mher : SWANTNER & GORDON INSURANCE AGENCY MARY ELLEN MOORE P.O. BOX 870 ~ORPHS CHRISTI. TEXAS 78403 361-883-1711 Texas, for del/very of Payment Bond must not be p~ior to date of contract) Payment Bond Paqe 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Preaents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having ~ts pnncipal off]cc in the City ol- Sioux Falls, and State of South Dakota, and that i~ do~s by virtue of the s~gnaturr and s~al herein affixed h~reby Diann Eisenhauer, R M Lee, Leroy Ryza, Mary Ellen Moore, Kristi Roberts, Individually at'Corpus Christi, TX, its truc and lawful Atlomey(s) in-Fact with lull power and authority hereby con£er~:l Io sign, seal and ex,cute for and on its behalf bond& undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind i; thereby a~ tully and to the same extenl as if such irr~trumcnts were signed by a duly authorized officer o£ the corporation and all thc acts o£said At/omey, pursuant to the authority hereby given, arc hereby ralifiad and confirmS. This Power of Atlomcy is made ~nd executed pursuant to and by authohly o f thc By Law printed on the reverse hereof, duly adopted, a~ indicated, by shareholders o£the corporahon. In Wire{as Whereof, WESTERN SURETY COMPANY h~s caused thes~ prcs~nts to be signed by its Senior Vice Pr~idcnt ~ its coq~orate seal to be hereto aFfixad on this 3rd day of Januaxy, 2005 WESTERN SURETY COMPANY Q IraflaL Senior Vice President State of S~uth Dakota '~ Count? of Minnehaha On this 3nj day of January, 2CO5, before me por~onally came Paul T. Bruflat, to me know-n, who, being by me duly s~qom, did decease and say: that he resides in the City ol- Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SUILETY COMPANY de~.cribcd in and which executed the alive ins~ument; that he knows the seal of said coq~oratmn; [h~l the seal afl]xed to thc said instrument is such corporale seal; that it wa~ so affixed pumuant to authod~ given by the Board of Directors of said corporation and thai he signad his name thereto pursuant to like imthority, and acknowladges same to be thc act and deed of said coq~mtmn November 30, 2006 ,,, D. KRELL $ CERTIFICATE I, L Nelson, Assistant Sccretao~ oF WESTERN SURETY COMPANY do hereby cerli fy that the Powcl- of Attorney hereinabovc act foah is still in force, and further certify that the By-Law of the corporation pnnted on thc reverse hereof is still in force. In te~amony whereof I have hereunto subsc~bed my name arm aJ'fixed the seal of thc said corporation this 2BTL3 day of ,JUNE WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SUR_ETY COMPANY This Power of Attorney ,s made and executed pursuant to and by author~t3' of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President. or by such other oflqcers m~ the Board of Directors may authorize The President, any Vice PresidenL Secretary, any As. sis~ant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bends, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signaim-e of any such officer and the corporate seal may be pnnted by facsimde. Western Surety Company · IMPORTANT NOTICE To obtain information or make a complaint: You may call Western Surety Company's toLl-free telephone number for information or to make a complaint at 1-800-233-8800 You may also write to Western Surety Company at P.O. Box 655908 Dallas, TX 75265-5908 O~' P.O. Box 5077 Sioux Falls, SD 57117-5077 You may contact the Texas Department of Insurance companies, coverages, rights or complaints at 1-800-252-3439 to obtain information on You may write the Texas Department of Insurance P.O. BOx 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dkspute concerning your premium or about a claim, you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY OR BOND: This notice is for information only and does not become a part or conchtion of the. attached document. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing CompAnies identified below is the surety or insurer. To principnls on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") az surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America. Continental Casualty Company, NationAl Fire Insurance Company of Hartford. American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark. NJ, and The Continental lnAurance Company. DISCI~)SURI~, OF PREMIUM The prem~,,-~ attributable to coverage for terrorist acts cert~ed under the Act was Zero Dollars ($0.00). DI~CI,OSUR~. OF I~.DERAT, PARTICIPATION TN PAYMENT OF TE, RRORI~qM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. CITY OF CORPUS CHRJSTI DISCLOSURE OF INTERESTS City of Coq~s Christi (~-dl~aace 17112, as amended, requires all ~ a- rams seeking to do bus. ess wllh the City to promde ~e fo{lowing In[ormalion. Every queslkpn m usl be answered. If the quesUon Is r)ol applicable, answer with'NAt 4. Association FIRI~ is: 1. Co~oration 2 Partnership 5. Olhef DISCLOSURE QUESTIONS Il additional space Is necessary, I~ease use the reverse side or Ihls page o~ attach separaIe sheel. 1. Stale the names of each "employee" of the City of Corpus Christi having an "ownership Interest" con$11tullng 3% or more o[ [he ownership In the above named "f-u-m". Name /~// A Job me and City Deparlmenl (if known) 51ale the names of each "official" of the City o! Cnrp~s Christi having an "ownershll3 In!erest" co,-lstituting 3% or m~e of the ow~rshlp In the a~ve ~med ~". ?1~ .... Stale the names of each "board member" of the City of Corpus Christi having an "ownership Interest" conslJ[utlng 3% or more of the ownership In Se above named "firm"_ Board, Commlssio~ o~ Commlllee N/me ,~ ~ "~..~ ... State the names of each employee or officer of a "consultan{" for [he CIl~ o¢ Corpus ChrlsU who worked on any mailer related to I~e subJecl o! [his contract and has an =ownership Interest" constltuUng 3% or more the ~nershlp In the above named "firm". Name __~, Consultant CERTIFICATE I cefl~/[hat ail Info,'ma{ion provided ~s Iruo and con-ed, as o1' the date ol [his s{atemeP,[. {hal I have not knowtr'~ly withheld disclosure of any Inl'ormalion requesled; and thai supplemenlal sl~le, me~ls will be proml:ff]y mJbmltted to the City d DEFINITIONS L~ard Member'. A member ~ any board, cornmlssion o~ cemm~ee appointed by the City Cm-~c~l of t~e CT~ of Co~pus ChdsLi. Texas. "Employe~". Any peasen employed by the CiD/o1' Corpus Chrisli, Texas. either on a ~'ull or pad lime basis, bul nol as on independenl conlJ-aclor. "Firm'. Any enUly operaled Io~ economic gain. whether pro~esslonal. InduslHal or cornmerclaJ and whether established to produce or deal with a product m- service, Including b~t nol limited to, enlJlJes operated in the ~'orm of $o~e progrletorship, as sell-employed person, parfl~m~lp, cerporallor~, Joint stock cempar~y, joinl venture, receivership or trust ar'~d entities which, l'or p~poses of taxalJen, are b-eared as non-profit organlzalioas. ~eOffici~ar_ The Mayo,r,.members o~ the C~ .Council. Ci~j Manager. Deputy City Manager, Assistant City Managers, paruneel and Div~s~an Heads and Municipal Ceurl Judges et the City et Cocpus ChrtslJ. Texas. "Owne~hlp Interesl'. Legal or equilable Inieresl, whelher aclually or co~slrUcl~,ely held in a Rrm I~cludlng when such I~leresl Is held Ihcough ~n agenl, trasl, estale or holding e~tJly. 'Cens[ruc[Ively hekJ' re[ers to he,ding or control eslabl~shed through voting trusls, p~oxlas o~ special lerms of venlore or par~ershlp agreernenls_ "Consultant'. Any person ~ F]rrn. such as engineers and architects, hired by Ihe City et Corpus Christi for the purpose of professional ceesuitallon and recz~mmeedallon, ACORD. Phone: 361-883-1711 F~:361-844-0101 Brid ea S ecialties 744 ~ 15{0 CERTIFICATE OF LIABILITY INSURANCE mJ:~°_ oe/z4/o5 COVERAGES OS/lO/OS 05/10/05 05/10/06~/ 05/10/05I CI Builders Risk BR61679520 06/06/05 j 06/06/06 Building D I T~xas Wiu~toX-m In B506006 06/06/05I 12/06/0B Bullding Project~8$01;Water Laborator~ Pre-Engineered Storage Buil~in~ 2004,The Cit~ of Corpus Christi is Named as Additional Iusure~ om all ~eneral Lisbility ~/ policies. 38,000 38,000 CERTIRCATE HOLDER Clt~ of Corpus Christi Engineering Service~ ACORD 2S (200~,~3~) CANCELLATION IMPORTANT If the certi~cate holder is an ADDrTIONAL iNSURED the policy(ies) must be endorsed A statement on [his certificate does not confer rights to the oertiFcate holder in lieu of such endorsement(s) Ii'SUBROGATION IS WAIVED, subject to ~he [erms and conditions of the policy, certain policies ma' require an endorsement A s[atemen[ on [his cedificate does not confer rights to the ceni~cate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this fonm does not constr~ute a contrac[ between the issuing insurer(s), authorized representative or producer, and the certificate ~older, nor does it amrmatively or negatively amend, extend or aiter the coverage afforded by the policies listed thereon ACORD 26 FR: ,~AMD~ AY~T %069~ PAGE: 2/4 ACOR_D. CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE COVERAGES o5/$~./o5 NAIC # CER~FICATEHOLDER ACORD 25 (2001/08) CANCELLA'rlON // O ACORD CORPORA'lION 19~ COMMERCIAL GENEKAL LIABILITY CG2010 1001 THIS ENDORSEMEN I CHANGES THE POLICY PLEASE READ IT CAREFULLY ~/~ADD1TIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCltEDULED PERSON OR ORGAN IZATION This endorsement modifies insurance provided under the follovang: -/'COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Corpus Christi Department of Engineering Sen, ices Attn: Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) A. Section I1 V~q~o Is An Insured k, antended to include a.~ mi insured the person or orgamzation shown in the Schedule, but only with respect to liability arising out of your ongoing opemtinns performed for that insured. B. With respect to the insurance afforded to these additional insured.s, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or property damage" occumng after: (1) All work, including materials, parks or eqinpment furnished in cmmection with such work, on the project (other than ser¥ice, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations hms been completed; or (2) That portion of"your work" out of which the iqjury or damage arises has been put 1o its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project CG20101001 Insured: Bridges Specialties Effective: 05/10/0~e'e'~-~'' .'4~, -z~. Randal M~'~ Authorized Representative 04GL000587555 Managing Partner Title: .d ,~ ~ do, ~d~d~ IU: bYLVI~ ARRIA~A FR: P~MDA AVAHT ~gz PAGE: v/ADDITIONAL TE ~ OlD poll~, Thm ~tl~ ~ la no~ r~d ~o p~y fu~ ~ prm~ I~m~ 1~ ~he You ar~ au~horized ~o act lot the policy. If the o~c!llatta is by us, we will give Tha a~dit£~ I-~l~ill ~ata£n Shy Eight of ~c~very aea claimant u~de~ 2 OF2 COMMERCIAL GENERAL LIABILITY CG02050196 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY CTEXAS CHANGES P~lENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE l'his endorsement modifies insurance provided under the following: COMMERCIAL GENERAI. LIABILITY COVERAGE PARI LIQUOR LIABILITY COVERAGE PART OWNERS AND CONIRACTORS PROIECTIVE LIABILI FY COVE1L&GE PART POLLUTION LIABILITY COVEKAGE PART PRODUCTS / COMPLETED OPERATIONS LIABILITY COVERAGE PART 1LAILROAD PROTECTIVE LIABILITY COVERAGE PART in the event of cancellation or inaterial cha~ge that reduces or restricts the insurance afforded by this Coverage Part, we agree to nmil prior v, vitten notice of cancellation or material change to: SCHEDULE City of Corpus Christi Dept. Of Engineem~g Services Ai~n: Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 Number of days advance notice: THIRTY (30) ./ Named Insured: Bridges Specialties Policy Number: 04GL000587555 Effective Date of This Endorsement: 05/10/05 Authorized Representative: Name (Printed): R.M. Lee Title (Pnnte. d): Managing Pamper ATTACltMENT 3 CG0205 (01/96) 1 OF 3 i0,48 1U~ 09, E~05 TO: SYLVIA ARRIACA FR: AMAHDA AVAMT ~ PAGE: 3/4 ~B~e Cvrin~,,a), Kev~ Keetch. (';.lC J~ ~ 03 03~ o II W 't, ],Il? 20F3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (ED. 7-85) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsemenl applies only to the ~nsurance provided by file policy because Texa~q is shown in item 3.A of the information Page. In the event of cancellation or other ~naterial c la ~ge ~f the policy we will mail advance notice to the person or organization named in the Schedulc. The number of days advance notice is shown in the Schedule. This endorsement shall not operale directly or indirectly to benefit anyone not named in the Schedule. Number of days advance notice: 30 ,~ Notice will be mailed to: City of Corpus Chrisli Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 Schedule l'his endorsement changes the policy to wkich it is attached and is effective on the date issued unless otherwise stated, (The information below is required only when tiffs endorsemen is issued subsequent to preparation of the policy.) Endorsement Effective: 05/10/05 Policy No. SBP000705347 ~.~ Endorsement No. Insured Bridges Specialties t// Insurance Company Texas Mutual Insurance WC 42 06 01 Countersigned By: Name (Printed): Premium R. M. Lee (Ed. %84) Title (Printed): Managing partner ATTACItMENT 3 3 OF3 GENERAL ENDORSEMENq Name of Person or organization insured Date ti:fig endorsement takes effecl Policy, Nmnber BR61679520 Name of Company issuing this endorsemem 06/06/05 Bridges Specialties v// Endorsement Number Policy Period 06/06/05-06 Builders Risk / Installation Floater Zurich Insurance Company ~/ (We will uot fill ni the aboxe unless we issue this endorsemetu after we issue your policy) In com4deration of no change in premium, add the following as an additional insured: CilyofCorpus Christi: Depamnent of Engineenng Sen,ices Attn: Contract Administrator P O Box 9277 ~'/ Corpus Ctu'isti, TX 78469-9277 Should the above described policy be canceled or materially changed before the expiration date thereof, the issuing company will mail 30 days written notice to the above named. Signature: Authorized ,Agent ATTACHMENT 4 KK-GL00 I of 1